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MESSAGES
ft
OF THE
'■■S'tii.
PRESIDENT OF THE UNITED STATES,
WITH THE
CORRESPONDENCE, THEREWITH COMMUNICATED, BETWEEN THE SEC-
RETARY OF WAR AND OTHER OFFICERS OF THE GOVERNMENT,
ON THE SUBJECT OF
THE MEXICAN ¥AE.
WASHINGTON:
■WENrELL AND VAN BENTHUYSEN; PRINTIBS.
1848.
THIRTIETH CONGRESS— FIRST SESSION.'
Ex. Doc. No. 60.
HOUSE OF REPRESEITATIVES.
MEXICAN WAR CORRESPONDENCE.
MESSAGES
PRESIDENT OF THE UNITED STATES.
AKD THE
Correspondence^ therewith communicated, between the Secretary of
War and other officers of the government upon the subject of the
Mexican war.
April 28, 1848.
Resolved, That 10,000 extra copies of the President's message and the correspondence
therewith transmitted on the 20th JMarch last; and also 10,000 extra copies of the message
of the President of the United States of the 25th of April instant, (and the following day-
laid before the House,) with the accompanying documents; and also 10,000 extra copies of
House document No. 196, 1st session, 29th Congress; House document No. 119, 2d session,
29th Congress, and House document No. 37, 1st session, 30th Congress; also. House docu-
ment No. 19, 2d session, 29th Congress; House document No. 25, 1st session, 30th Con-
gress, and Senate document No. 18, 1st session, 30th Congress — the same comprising all
the correspondence between the Secretary of War and other officers of the government upon
the subject of the war, so far as the .lame may have been made public, be printed for the use
of the House.
Ex. Doc. No. 60.
HOSTILITIES BY MEXICO.
■ — " \
MESSAGE
FROM THE
PRESIDENT OF THE UNITED STATES,
RELATIVE
To^an invasion and commencement of hostilities hy Mexico.
May 11, 1846.
Read, and referred to the Committee of the Whole House on the state oi the Union.
To the Senate and House of Representatives ;
The existing state of the relations between the United States and
Mexico renders it proper that I should bring the subject to the con-
sideration of Congress. In my message at the commencement of
your present session, the state of these relations, the causes which
led to the suspension of diplomatic intercourse between the two
countries in March, 1845, and the long-continued and unredressed
wrongs and injuries committed by the Mexican government on citi-
zens of the United States, in their persons and property, were
briefly set forth.
As the facts and opinions which were then laid before you were
carefully considered, I cannot better express my present convictions
of the condition of affairs up to that time, than by referring you to
that communication.
The strong desire to establish peace with Mexico on liberal and
honorable terms, and the r adiness of this government to regulate
and adjust our boundary, and other causes of difference with that
power, on such fair and equitable principles as would lead to per-
manent relations of the most friendly nature, induced me, in Septem-
ber last, to seek the reopening of diplomatic relations between the
two countries. Every measure adopted on our part had for its
object the furtherance of these desired results. In communicating
to Congress a succinct statement of the injuries which we had suf-
fered from Mexico, and which have been accumulating during a
period of more than twenty years, every expression that could tend
to inflame the people of Mexico, or defeat or delay a pacific result,
•was carefully avoided. An envoy of the United States repaired to
Mexico, with full powers to adjust every existing difference. But
Ex. Doc. No. 60. 5
though present on the Mexican soil, by agreement between the two
governments, invested with full powers, and bearing evidence of
the most friendly dispositions, his mission has been unavailing. The
Mexican government not only refused to receive him, or listen to
his propositions, but, after a long continued series of menaces, have
at last invaded our territory, and shed the blood of our fellow-citi-
zens on our own soil.
It now becomes my duty to state more in detail the origin, pro-
gress, and failure of that mission. In pursuance of the instructions
given in September last, an inquiry w^as made, on the thirteenth of
October, 1845, in the most friendly terms, through our consul in
Mexico, of the minister for foreign affairs, whether the Mexican
government '' would receive an envoy from the United States in-
trusted with full powers to adjust all the questions in dispute be-
tween the two governments;" with the assurance that " should the
answer be in the affirmative, such an envoy would be immediately
despatched to Mexico." The Mexican minister, on the fifteenth of
October, gave an affirmative answer to this inquiry, requesting at
the same time, that our naval force at Vera Cruz might be with-
drawn, lest its continued presence might assume the appearance of
menace and coercion pending the negotiations. This force was
immediately withdrawn. On the 10th of November, 1845, Mr. John
Slidell, of Louisiana, was commissioned by me as envoy extraordin-
ary and minister plenipotentiary of the United States to Mexico,
and was entrusted with full powers to adjust both the questions of
the Texas boundary and of indemnification to our citizens. The
redress of the wrongs of our citizens naturally and inseparably
blended itself with the question of boundary. The settlement of
the one question, in any correct view of the subject, involves that
of the other. I could not, for a moment, entertain the idea that the
claims of our much injured and long suffering citizens, many of
which had existed for more than twenty years, should be postponed
or separated from the settlement of the boundary question.
Mr. Slidell arrived at Vera Cruz on the 30th of November, and
was courteously received by the authorities of that city. But the
government of General Herrera was then tottering to its fall. The
revolutionary party had seized upon the Texas question to effect or
hasten its overthrow. Its determination to restore friendly relations
with the United States, and to receive our minister, to negotiate for
the settlement of this question, was violently assailed, and was
made the great theme of denunciation against it. The government
of General Herrera, there is good reason to believe, was sincerely
desirous to receive our minister; but it yielded to the storm raised
by its enemies, and on the 21st of December refused to accredit Mr.
Slidell upon the most frivolous pretexts. These are so fully and
ably exposed in the note of Mr. Slidell, of the 24th of December
last, to the Mexican minister of foreign relations, herewith trans-
mitted, that I deem it unnecessary to enter into further detail on
this portion of the subject.
Five days after the date of Mr. Slidell's note. General Herrera
yielded the government to General Paredes, without a struggle, and
6 Ex. Doc. No. 60.
on the 30th of December resigned the presidency. This revolution
was accomplished solely by the army, the people having taken little
part in the contest; and thus the supreme power in Mexico passed
into the hands of a military leader.
Determined to leave no effort untried to effect an amicable adjust-
ment with Mexico, I directed Mr. Slidell to present his credentials
to the government of General Paredes, and ask to be officially
received by him. There would have been less ground for taking
this step had General Paredes come into power by regular constitu-
tional succession. In that event his administration would have been
considered but a mere constitutional continuance of the government
of General Herrera, and the refusal of the latter to receive our
minister would have been deemed conclusive, unless an intimation
had been given by General Paredes of his desire to reverse the de-
cision of his predecessor. But the government of General Paredes
owes its existence to a military revolution, by which the subsisting
constitutional authorities had been subverted. The form of govern-
ment was entirely changed, as well as all the high functionaries by
whom it was administered.
Under these circumstances, Mr. Slidell, in obedience to my di-
rection, addressed a note to the Mexican minister of foreign rela-
tions, under date of the 1st of March last, asking to be received by
that government in the diplomatic character to which he had been
appointed. This minister, in his reply under date of the 12th of
March, reiterated the arguments of his predecessor, and, in terms
that may be considered as giving just grounds of offence to the
government and people of the United States, denied the application
of Mr. Slidell. Nothing, therefore, remained for our envoy but to
demand his passports, and return to his own country.
Thus the government of Mexico, though solemnly pledged by
official acts in October last to receive and accredit an American
envoy, violated their plighted faith, and refused the offer of a
peaceful adjustment of our difficulties. Not only was the offer re-
jected, but the indignity of its rejection was enhanced by the mani-
fest breach of faith in refusing to admit the envoy, who came be-
cause they had bound themselves to receive him. Nor can it be
said that the offer was fruitless from the want of opportunity of
discussing it — our envoy was present on their own soil. Nor can
it be ascribed to a want of sufficient powers — our envoy had full
powers to adjust every question of difference. Nor was there room
for complaint that our propositions for settlement were unreason-
able — permission was not even given our envoy to make any pro-
position whatever. Nor can it be objected that we, on our part,
would not listen to any reasonable terms of their suggestion — the
Mexican government refused all negotiation, and have made no
proposition of any kind.
In my message at the commencement of the present session, I
informed you that, upon the earnest appeal both of the congress
and convention of Texas, I had ordered an efficient military Ibrce
to take a position " between the Nueces and the Del Norte." This
had become necessary, to meet a threatened invasion of Texas by
Ex. Doc. No. 60. 7
the Mexican forces, for which extensive military preparations had
been made. The invasion was threatened solely because Texas had
determined, in accordance with a solemn resolution of the Con-
gress of the United States, to annex herself to our Union; and, un-
der these circumstances, it was plainly our duty to extend our pro-
tection over her citizens and soil.
This force was concentrated at Corpus Christi, and remained
there until after I had received such information from Mexico as
rendered it probable, if not certain, that the Mexican government
would refuse to receive our envoy.
Meantime Texas, by the final action of our Congress, had be-
come an integral part of our Urion. The Congress of Texas, by
its act of December 19, 1836, had declared the Rio del Norte to be
the boundary of that republic. Its jurisdiction had been extended
and exercised beyond the Nueces. The country between that river
and the Dei Norte had been represented in the congress and in the
convention of Texas; had thus taken part in the act of an-
nexation itself ; and is now included within one of our con-
gressional districts. Our own Congress had, moreover, with great
unanimity, by the act approved December 31, 1845, recognized the
country beyond the Nueces as a part of our territory, by including
it within our own revenue system; and a revenue officer, to reside
within that district, has been appointed, by and with the advice and
consent of the Senate. It became, therefore, of urgent, necessity
to provide for the defence of that portion of our country. Accord-
ingly, nn the 13th of January last, instructions were issued to the
gefleral in command of these troops to occupy the left bank of the
Dei Norte. Ti\is river,- which is the southwestern boundary of the
State of Texas, is an exposed frontier; from this quarter invasion
was threatened; upon it, and in its immediate vicinity, in the judg-
ment of high military experience, are the proper stations for the
protecting forces of the government. In addition to this important
consideration, several others occurred to induce this movement.
Among these are the facilities afforded by the ports at Brazos San-
tiago and the mouth of the Del Norte, for the reception of supplies
by sea; the stronger and more healthful military positions; the
convenience for obtaining a ready and a more abundant supply of
provisions, water, fuel, and forage; and the advantages which are
afforded by the Del Norte in forwarding supplies to such posts as
may be established in the interior and upon the Indian frontier.
The movement of the troops to the Del Norte was made by the
commanding general, under positive instructions to abstain from
all aggressive acts towards Mexico or Mexican citizens, and to re-
gard the relations between that republic and the United States as
peaceful, unless she should declare war, or commit acts of hostility
indicative of a state of war. He was specially directed to protect
private property, and respect personal rights.
The army moved from Corpus Christi on the eleventh of March,
and* on the twenty-eighth of that month arrived on the left bank
of the Del Norte, opposite to Matamoras, where it encamped on a
commanding position, which has since been strengthened by the
8 Ex. Doc. No. 60.
erection of field works. A depot has also been established at Point
Isabel, near the ^Brazos Santiago, thirty miles in rear of the en-
campment. The selection of his position was necessarily confided
to the judgment of the general in command.
The Mexican forces at Mataraoras assumed a belligerent attitude,
and, on the twelfth of April, General Ampudia, then in command,
notified General Taylor to break up his camp within twenty-four
hours, and to retire beyond the Nueces river, and, in the event of
his failure to comply with these demands, announced that arms,
and arms alone, must decide the question. But no open act of
hostility was committed until the tv;enty-fourth of April. On that
day, General Arista, vs'ho had succeeded to the command of the
Mexican forces, communicated to General Taylor that " he consid-
ered hostilities commenced, and should prosecute them." A party
of dragoons, of sixty-three men and officers, were on the same day
despatched from the American camp up the Rio del Norte, on its
left bank, to ascertain whether the Mexican troops had crossed, or
were preparing to cross, the river, " became engaged with a large
body of these troops, and, after a short affair, in which some six-
teen were killed and wounded, appear to have been surrounded and
compelled to surrender."
The grievous wrongs perpetrated by Mexico upon our citizens
throughout a long period of years remain unredressed; and solemn
treaties, pledging her public faith for this redress, have been disre-
garded. A government either unable or unwilling to enforce the
execution of such treaties, fails to perform one of its plaiiiest
duties.
Our commerce with Mexico has been almost annihilated. It was
formerly highly beneficial to both nations; but our merchants have
been deterred from prosecuting it by the system of outrage and ex-
tortion which the Mexican authorities have pursued against them,
■whilst their appeals through their own government for indemnity
have been made in vain. "Our forbearance has gone to such an ex-
treme as to be mistaken in its character. Had we acted with vigor
in repelling the insults and redressing the injuries inflicted by
Mexico at the commencement, v,-e should doubtless have escaped
all the difficulties in which we are now involved.
Instead of this, however, we have been exerting our best efforts
to propitiate her good will. Upon the pretext that Texas, a nation
as independent as herself, thought proper to unite its destinies with
our own, she has. affected to believe that we have severed her
rightful territory, and in official proclamations and manifestoes has
repeatedly threatene<l to make war upon us, for the purpose of re-
conquering Texas. In the meantime, we have tried ^very effort at
reconciliation. The cup of forbearance had been exhausted, even
before the recent information from the frontier of the Del Norte; but
now, after reiterated menaces, Mexico has passed the boundary of
the United States, has invaded our territory, and shed American
blood upon the American soil. She has proclaimed that hostilities
have commenced, and that the two nations are now at war.
As war exists, and, notwithstanding all our efforts to avoid itj
Ex. Doc. No. 60. 9
exists by the act of Mexico herself, we are called upon by every
consideration of duty and patriotism to vindicate with decision the
honor, the rights, and the interests of our country.
Anticipating the possibility of a crisis like that which has
arrived, instructions were given in August last, " as a precaution-
ary measure" against invasion, or threatened invasion, authorizing
General Taylor, if the emergency required, to accept volunteers,
not from Texas only, but from the States of Louisiana, Alabama,
Mississippi, Tennessee, and Kentucky; and corresponding letters
were addressed to the respective governors of those States. These
instructions were repeated; and, in January last, soon after the in-
corporation of " Texas into our union of States," General Taylor
was further " authorized by the President to make a requisition
upon the executive of that State for such of its militia force as may
be needed to repel invasion, or to secure the country against appre-
hended invasion." On the second day of March he was again re-
minded, "in the event of the approach of any considerable Mexi-
can force, promptly and efficiently to use the authority with which
he was clothed to call to him such auxiliary force as he might
need." War actually existing, and our territory having been in-
vaded. General Taylor, pursuant to authority vested in him by my
direction, has called on the governor of Texas for four regiments
of State troops — two to be mounted, and two to serve on foot; and
on the governor of Louisiana for four regiments of infantry, to be
sent to him as soon as practicable.
In further vindication of our rights, and defence of our territory,
I invoke the prompt action of Congress to recognize the existence
of the war, and to place at the disposition of the Executive the
means of prosecuting the war with vigor, and thus hastening the
restoration of peace. To this end I recommend that authority
should be given to call into the public service a large body of vol-
unteers, to serve for not less than six or twelve months, unless
sooner discharged. A volunteer force is, beyond question, more
efficient than any other description of citizen soldiers; and it is not
to be doubted that a number far beyond that required would readily
rush to the field upon the call of their country. I further recom-
mend that a liberal provision be made for sustaining our entire
military force and furnishing it with supplies and munitions of war.
The most energetic and prompt measures, and the immediate ap-
pearance in arms of a large and overpowering force, are recom-
mended to Congress as the most certain and efficient means of
bringing the existing collision with Mexico to a speedy and suc-
cessful termination.
In making these recommendations, I deem it proper to declare
that it is my anxious desire not only to terminate hostilities
speedily, but to bring all matters in dispute between this govern-
ment and Mexico to an early and amicable adjustment; and, in this
view, I shall be prepared to renew negotiations whenever Mexico
shall be ready to receive propositions, or to make propositions of
her own.
I transmit herewith a copy of the correspondence between our
10 Ex. Doc. No. 60.
envoy to Mexico and the Mexican minister for foreign affairs; and
so much of the correspondence between that envoy and the Secre-
tary of State, and between the Secretary of War and the generalin
command on the Del Norte, as is necessary to a full understanding
of the subject.
JAMES K. POLK.
Washington, J\Iay 11, 1846.
Ex. Doc. No. 60. 11
List of papers.
No. ]. Mr. Buchanan to Mr. Black, of 17th September, 1845.
2. Mr. Black to Mr. Buchanan, of 17th October, 1845.
Two entlosures —
1. Mr. Black to Mr. Pefia y Pena.
2. Mr. Pena y Pena to Mr. Black.
3. Mr. Black to Mr. Buchanan, of 28th October, 1815.
4. Mr. Black to Mr. Buchanan, of 4th November, 1845.
Four enclosures —
1. Mr. Black to Mr. Pena.
2. Commodore Conner to Mr. Dimond.
3. Mr. Pena to Mr. Black.
4. Mr. Black to Mr. Pena.
5. Mr. Black tp Mr. Buchanan, of I8th December, 1845.
6. Mr. Slidell to Mr. Buchanan, of 17th December, 1845.
Four enclosures —
1. Mr. Slidell to Mr. Pena.
[Letter of credence.]
2. Mr. Black to Mr. Slidell.
3. Mr. Slidell to Mr. Pena.
4. Mr. Pena to Mr. Slidell.
7. Mr. Slidell to Mr. Buchanan, of 27th December, 1845.
Three enclosures —
1. Mr. Slidell to Mr. Pena.
2. Mr. Pena to Mr. Slidell.
3. Mr. Slidell to Mr. Pena.
8. Mr. Slidell to Mr. Buchanan, of 14th January, 1846.
One enclosure —
1. Mr. Pena to Mr. Buchanan.
9. Mr. Buchanan to Mr. Slidell, of 20th January, 1846.
10. Mr. Buchanan to Mr. Slidell, of 28th January, 1846.
11. Mr. Slidell to Mr. Buchanan, of 6th February, 1846.
One enclosure —
1. Mr. Pefia's report to the council of government.
12. Mr. Slidell to Mr. Buchanan, of 17th February, 1846.
13. Mr. Slidell to Mr. Buchanan, of 1st March, 1846.
One enclosure —
1. Mr. Slidell to Mr. Castillo.
14. Mr. Buchanan to Mr. Slidell, of 12th March, 1846.
15. Mr. Slidell to Mr. Buchanan, of I8th March, 1846.
Two enclosures —
1. Mr. Castillo to Mr. Slidell.
2. Mr. Slidell to Mr. Castillo.
16. Mr. Slidell to Mr. Buchanan, of 27th March, 1846.
17. Mr. Slidell to Mr. Buchanan, of 2d April, 1846.
One enclosure —
1. Mr. Castillo to Mr. Slidell.
12 Ex. Doc. No. 60.
No. 1.
Mr. Buchanan to Mr. Black.
Department of State,
Washington, September 17, 1845.
Information recently received at this department, both from your-
self and others, renders it probable that the Mexican government
may now be willing to restore the diplomatic relations between the
two countries. At the time of their suspension, General Almonte
■was assured of the desire felt by the President to adjust amicably
every cause of complaint between the governments, and to culti-
vate the kindest and most friendly relations between the sister re-
publics. He still continues to be animated by the same sentiments.
It was his duty to place the country in a condition successfully to
resist the threatened invasion of Texas by Mexico, and this has been
accomplished. He desires, however, that all existing differences
should be terminated amicably by negotiation and not by the sword.
He is anxious to preserve peace, although prepared for war.
Actuated by these sentiments, the President has directed me to
instruct you, in the absence of any diplomatic agent in Mexico, to
ascertain from the P.Iexican government whether they would receive
an envoy from the United States, intrusted with full power to ad-
just all the questions in dispute between the two governments.
Should the answer be in the affirmative, such an envoy will be im-
mediately despatched to Mexico.
If the President were disposed to stand upon a mere question of
etiquette, he would wait until the Mexican government, which had
suspended the diplomatic relations between the two countries, shoulil
ask that they may be restored. But his desire is so strong to ter-
minate the present unfortunate state of our relations with that re-
public, that he has consented to waive all ceremony and take the
initiative.
So soon as you shall have received the answer of that govern-
ment, you will communicate a copy of it, without delay, by some
safe opportunity, to F. M. Dimond, esq., our consul at Vera Cruz-
You will also transmit a copy to this department. It is of great
consequence that you should use as much despatch as possible in
executing this important commission. The future course of this
government may, and probably will, depend upon the answer which
you may receive.
I need scarcely warn you to preserve the most inviolable secrecy
in regard to your proceedings, making no communication to any
person, with the exception of Dr. Parrott, not indispensable to the
accomplishment of the object. There will be a vessel-of-v/ar at
Vera Cruz, ready to receive your despatch for this department, and
to convey it to the United States with the least possible delay.
I shall transmit this despatch, under an unsealed cover, but with
the strictest injunctions of secrecy, to Mr. Dimond, as it is deemed
advisable that he should be acquainted with its contents.
Ex. Doc. No. 60. 13
The President relies with confidence on your zeal and ability in
executing the important duty committed to your charge.
I am, &c.
No. 2.
M?'. Black to Mr. Buchanan^
[Extracts.]
Consulate of the U. S. of America,
Jllexico^ October 17, 1845.
I had the honor, on the 10th instant, of receiving your commu-
nication of the 17th ultimo. * ». * =^ q^
Saturday evening, the 11th instant, I obtained a confidential inter-
view with the minister of foreign relations of the Mexican repub-
lic, in relation to the important charge which his excellency the
President of the United States was pleased to confide to me, and
am happy now to have it in my power to advise my government of
a favorable result; the proceedings had with the Mexican govern-
ment in this affair will be seen by reference to the enclosed docu-
ments, Nos. 1 and 2.
No. 1 is a copy of a confidential communication addressed by
this consulate to his excellency the minister of foreign relations
of the Mexican government; and No. 2 is a copy of the said min-
ister's answer to said communication.
When I handed the aforesaid communications to his excellency
on Monday the 13th instant, I requested that an answer might be
given as early as possible, and desired to be informed at what time
it would likely be given. He promised that on Wednesday eve-
ning the 15th, and requested at that time a private interview with
me, to be at eight o'clock in the evening, (not at the department,
he said, but at his private dwelling,) in order, as he said, that the
alfair might be kept as close and as little exposed to public view
as possible, to avoid suspicion. At the time appointed, I went to
his house; he (being alone in his study) received me cordially and
politely, and told me the answer was ready, and only wanted his
signature, which he placed to it in my presence, stating, at the
same time, that he would accompany the answer with some verbal,
frank, and confidential explanations; which, after reading to me
the answer, he did, in the following manner:
He said that the Mexican government, notwithstanding it felt
itself very much aggrieved and offended by the acts of that of the
United States, in relation to the affairs of Texas, yet it would ap-
pear to be out of place to express these feelings in a communica-
tion of this nature; and that, if the government had but itself to
consult, the expression of these feelings would have been left out
of the communication, as they only tend to irritate; but that I
knew, as well as he did, that governments like ours must endeavor
14 Ex. Doc. No. 60.
to reconcile the feelings and opinions of the people to their public
acts; and that I also knew, very well, that a strong opposition were
daily calling the attention of the public to, and scrutinizing and
condemning every act of, the government, and that the govern-
ment endeavored to give them as little pretext as possible; and,
therefore, wished me to make this explanation to my government.
And that, in relation to the qualities he had recommended to be
possessed by the person to be sent out by the government of the
United States for the settlement of existing differences, it was the
wish of the Mexican government, and would be for the good of
both countries that a person suitable in every respect should be
sent, endued with the necessary qualities, and not one against
whom the government or people of Mexico should, unfortunately,
entertain a fixed prejudice, which would be a great obstacle in the
way to an amicable adjustment of differences.
# >? *■ * * *
* And that, in order that the coming of the commissioner
might not have the appearance of being forced on them by threat,
his government wished the naval force of the United States, now
in sight of Vera Cruz, should retire from that place before his ar-
rival; and requested that I should inform his government, by a
communication, as soon as I should know the fact, of their having
left. These things he repeated more than once, and with the ap-
pearance of a great deal of earnestness, and enjoined it upon me
not to fail to advise my government; and that he communicated
these things to me, not as a minister, .but as an individual and
friend, who wished for the good exit of the contemplated mission.
Notwithstanding my communication to the Mexican government
of the 13th instant was of the most confidential character, as well
as all the proceedings in relation to the affair, and this at the re-
quest of the Mexican minister, who himself enjoined secrecy upon
me, and promised the strictest adherence to it, on his part,
******
So you will bie able to see what reliance can be placed on the most
solemn injunctions of secrecy, as far as this government is con-
cerned.
[Enclosure Ko. l.J
Mr. Black to Mr. Pena y Pena.
[Confidential.]
Consulate of the United States,
Mexico, October 13, 1845,
The undersigned, consul of the United States of America, in a
confidential interview with his excellency Manuel de la Pefia y
Pena, minister of foreign relations and government of the Mexican
republic, which took place on the evening of the 11th instant, had
Ex, Doc. No. 60. 15
the honor to advise his excellency that he, the undersigned, had re-
ceived a communication from the Secretary of State of the United
States; and having, in that interview, made known to his excel-
lency the substance of said communication, which contained a re-
iteration of the sentiments which, at the time of the suspension of
the diplomatic relations between the two countries, had been ex-
pressed to General Almonte, and which were now renewed, and
offered to the consideration of the Mexican government,
• His excellency having heard, and considered with due attention,
the statement read from the communication aforesaid, and having
stated that, as the diplomatic relations between the two govern-
ments had been and were still suspended, the present interview
could and should have no other character than that of a confiden-
tial meeting, which was assented to, and only considered in that
light by the undersigned.
His excellency w^as then pleased to request that the undersigned
might, in the same confidential manner, communicate in writing
what had thus been made known verbally. In conformity to
that request, the undersigned has now the honor to transcribe,
herewith, that part of the communication of the Secretary of
State of the United States referred to, and is in the following
words, viz: ^^At the time of the suspensioii of the diplomatic rela-
tions betioeen the two countries^ . General Almonte was assured of
the desire felt by the President to adjust amicably every cause of
com-plaint between the governments^ and to cultivate the kindest and
most friendly relations between the sister republics. He still con-
tinues to be animated by the same sentiments. He desires that all
existing differences should be terminated amicably by negotiation^
and not by the sword.
'''■Actttated by these sentiments^ the President has directed m.e to
instruct you, in the absence of any diplomatic agent in Mexico, to
ascertain from the Mexican governw.ent whether they would receive
an envoy from the United States, intrusted with full power to adjust
all the questions in dispute between the two governmicnts. Should
the ansioer be in the affirmative, such an envoy ivill be immediately
despatched to Mexico.''^
The undersigned can assure his excellency, that it is wMth the
most heartfelt satisfaction he sees, in the preceding proposition on
the part of the President of the United States, (notwithstanding
the preparations for war on both sides,) that a door is still left
open for conciliation, whereby all existing differences may be ami-
cably and equitably adjusted, and the honor of both nations pre-
served inviolate, and their friendly relations restored and fixed
upon a firm-er foundation than they unfortunately have hitherto been;
and the undersigned has reason to believe that they will not be blind-
ed to their mutual interest, nor sutl'er themselves to become the vic-
tims of the machinations of their mutual enemies.
If the President of the United States had been disposed to stand
upon a mere question of etiquette, he would have waited until the
Mexican government, which had suspended the diplomatic rela-
tions between the two countries, should have asked that they might
16 Ex. Doc. No. 60.
be restored; but his desire is so strong to terminate the present un-
fortunate state of our relations with this republic, that he has even
consented to waive all ceremony, and take the initiative.
In view of what is hereinbefore set forth, the undersigned is
fully persuaded that the Mexican government will not misconstrue
the benevolent sentiments of the President of the United States,
nor mistake his motives.
His excellency will be pleased to return an answer with as little
delay as possible, and, in the meantime, the undersigned avails
himself of the occasion to renew to his excellency, Manuel de la
Pena y Pena, minister of foreign relations and government of the
Mexican republic, the assurances of his distinguished consideration
and personal regard.
JOHN BLACK.
[Enclosure No. 2. — Translation.]
Mr. Peria y Pena to Mr. Black.
[Confidential.]
Mexico, October 15, 1845.
Sir: I have informed my government of the private conference
which took place between you and myself on the 11th instant, and
have submitted to it the confidential letter which you, in conse-
quence of, and agreeably to what was then said, addressed to me
yesterday. In answer, I have to say to you, that, although the
Mexican nation is deeply injured by the United States, through
the acts committed by them in the department of Texas, which
belongs to this nation, my government is disposed to receive the
commissioner of the United States, who may come to this capital
with full powders from his government to settle the present dispute
in a peaceable, reasonable, and honorable manner; thus giving a
new proof that, even in the midst of its injuries, and of its firm
decision to exact adequate reparation for them, it does not repel
with contumely the measure of reason and peace to which it is in-
vited by its adversary.
As my government believes this invitation to be made in good
faith, and with the real desire that it may lead to a favorable con-
clusion, it also hopes that the commissioner will be a person en-
dowed wnth the qualities proper for the attainment of this end;
that his dignity, prudence, and moderation, and the discreetness and
reasonableness of his proposals, w-ill contribute to calm as much
£S possible the just irritation of the Mexicans; and, in fine, that
the conduct of the commissioner on all points may be such as to
persuade them that they may obtain satisfaction for their injuries,
through the means of reason and peace, and without being obliged
to resort to those of arms and force.
What my government requires above all things, is, that the mis-
Ex. Doc. No. GO. 17
sion of the com'nissioncr of the United States, and his reception
by us, should appear to be always absolutely frank, and free from
every sign of menace or coercion. And thus, Mr. Consul, while
making known to your government the disposition on the part of
that of Mexico to receive the commissioner, you should impress
upon it, as indispensable, the previous recall of the whole naval
force now lying in sight of our port of Vera Cruz. Its presence
would degrade Mexico, while she is receiving the commissioner,
and would justly subject the United States to the imputation of
contradicting by acts the vehement desire of conciliation, peace,
and friendship, which is professed and asserted by v/ords.
I have made known to you, Mr. Consul, with the brevity which
you desired, the disposition of my government; and in so doing, I
have the satisfaction to assure you of my consideration and esteem
for you personally,
MANUEL DE LA PENA Y PENA.
To John Black, Esq.,
Consul of the United States at Mexico.
No. 3.
Mr. Black to Mr. Buchanan.
[Extracts.]
Consulate of the LT. S. of America,
Mexico.) October 28, 1845,
I had the honor of addressing you on the 17th and 18th instant,
in answer to your communication of the 17th ultimo, enclosing to
you the answer of the Mexican government to my communication
of the 13th instant. '■' * #^ ^ ' * «
The Mexican government is very anxious to know^ when they
may expect the envoy from the United States; and, also, that I
laay soon be able to give it the information of the American squad-
ron having retired from the port of Vera Cruz.
We have rumors every da^ that a revolution is shortly to take
place, but, as yet, things are quiet. Let this go as it will, I think
an arrangement is safe, as it has the sanction of the Mexican con-
grega in secret session.
18 Ex. Doc. No. 60.
No. 4. ,
Mr. Black to Mr. Buchanan.
[Extract.]
Consulate of the U. S. of America,
Mexico J Jfovemher 4, 1845.
A revolution is still talked of l.cre, but the government is using
all its vigilance to prevent it. It has its suspicions of General
Parades, and has sent orders for him to break up his cantonment at
San Luis, and to disperse the troops to different parts of the repub-
lic. He must either obey this order, which will leave him without
command, or pronounce against the government.
If he pronounces, it will be for a military government, and, in
that case, the federalists will join the government, and Parades
will be put down. I wish this government may stand, as I think
it well disposed to arrange all matters in dispute with the United
States. I hope a minister will soon arrive to commence and securp
the negotiation. There should be no delay.
You will please to find enclosed copies of various documents,
from No. !• to No. 4 inclusive, as follows, viz:
No. 1. — Copy of a confidential communication of the 29th Octo-
ber, from this consulate to the minister of foreign relations of the
Mexican republic, advising of the withdrawal of the naval force of
the United States from before Vera Cruz, and enclosing a copy of
Commodore Connor's letter to F. M. Diraond, esq.. United States
consul. Vera Cruz, relating to the same.
No. 2. — Copy of Commodore Connor's letter as aforesaid,
jfo. 3. — Copy of a confidential communication of the 31st ultimo,
received from the minister of foreign affairs, relating to the appear-
ance of a vessel in the bay of Manzanillo, on the Pacific, said to
be a United States armed vessel, &c.
No. 4. — Copy of the reply of this consulate to the above com-
munication, dated the 3d instant.
On the morning of the 30th ultimo, Mr. Monasterio, the chief
clerk of the foreign department of this government, called at this
consulate, stating that he had come on the part of his excellency
the minister, to say he had received my note of the 29th ultimo,
and should answer it in writing; but, in the meantime, he had to
communicate to me a disagreeable occurrence which had taken
place at the port of Manzanillo; that an American armed vessel
had entered the bay and had very much alarmed the authorities of
that place, which news the government had received direct by ex-
press; and he offered, if I would call at the department, to show
me the official account, that I might know the particulars. In the
course of the same morning I called as requested, when I found
that the name of the vessel did not correspond to any of our armed
vessels. I told him we had no vessel of that name in our navy.
He replied that there might be a mistake in the name, but that it
was an armed vessel of the United States. I then told him if his
Ex. Doc. No. GO. 19^
excellency the minister would give me a statement, in a confiden-
tial communication, I would see what could be done, and answer
hiiQj the result of which you have in Nos. 3 and 4.
[Enclosure No. 1.]
Air. Black to Mr. Pena y Peua,
[Confidential.]
Consulate of the U. S. of America,
Mexico J October 29, 1845.
The undersigned, consul of the United States of America, has
the honor to advise his excellency Manuel de la Pena y Pefia, min-
ister of foreign relations and government of the Mexican republic,,
in view of the confidential note of his excellency of the 15th in-
stant, iu answer to that of the undersigned of the 13th, and also of
the verbal request that the undersigned might inform his excel-
lency of the occurrence of the withdrawal of the American squadron
from before Vera Cruz whenever that event should take p!ace. In
compliance with that request, the undersigned has the honor to
transmit herewith to his excellency a copy of a communication ad-
dressed by Commodore Connor, commander of the American squad-
ron before Vera Cruz, to the American consul, F. M. Dlmond,
esq., of that place, by which his excellency will see that the wishes
of the Mexican government have been, in this respect, fully and
promptly complied with.
In communicating this to the Mexican government, the under-
signed avails himself of the occasion to renew to his excellency
Manuel de la Pena y Pena, minister of foreign relations and gov-
ernment of the Mexican republic, the assurance of his distinguish-
ed consideration and personal esteem.
[Enclosure No. 2.]
Commodore Connor to Mr. Dimond.
U. S. Ship Falmouth, off Sacrificios,
October 23, 1845.
By the letter of Mr. Black, which you were kind enough to send
me this morning, I learn that the proposition to enter into negotia-
tion, made by our government to that of this country, had been
accepted. There appears to exist, on the part of this government,
some tear lest they should be accused of being forced into this
measure by the hostile attitude ot the United States.
Being fully aware that our government has had no intention of
threatening this country, but, on the contrary, has always been.
20 Ex. Doc. No. 60.
actuated by a sincere desire to heal existing differences in a manner
honorable to both nations, 1 believe that I shall best contribute to-
such an arrangement by withdrawing our naval force from before
Vera Cruz.
[lilnclosuro No. 3. — Translation.]
Mr. PeHa y Pena to Mr. Black.
[Private.]
October 31 , 18-15.
My dear Sir: Although this is not to be understood, in anj v<a}\
as an intimation of the re-opcning of the friendly relations at present
interrupted between Mexico and the United States, I find myself
coii.pelled, by an occurrence which has recently taken place on our
coast of the'Pacific, to address myself to you, inasmuch as this is-
demanded by the very nature of the occurrence, and the actual state
which at this da> is preserved by both governments.
It will be within the knowledge of the consul, that a sloop of-
war of his nation, named the " Palomita,"is cruising in the Pacific,
for this vessel has entered the bay of the port of Manzanillo, and a.
captain and a lieutenant colonel have landed from her, who have
made known that said corvette is commanded by Mr. Maist Possets;
that she carries twenty-two guns, and a crevv of two hundred and
thirteen men. The result being, that the local authorities took
alarm, and placed themselves in a posture of det^ence, as was natu-
ral on the presence of a ship of-war, and from the conduct of her
commander.
The government of Mexico has given its orders, for the purpose
of suspending for the present any act of hostility against the United
States, and limits itself to the defensive, awaiting the issue of the
negotiation proposed by the government of the Unired States through,
the consul; and this proceeding demands, with still greater reason,
that on the part of the one which has taken the initiative in that
negotiation, the sam^e preventive orders should be issued to the re-_
spective commanders in the navy of the United States, in order
that whilst the present statuo quo shall last, no vessel of war of
its navy shall present itself with hostile display in any of our ports
on either coast, or do any other act whicii may awaken apprehen-
sion in the local authorities or inhabitants of those coasts.
This is very conformable to the principles of justice; and it will '
be an evidence of proceeding in g^od faith, and with sincerity to-
wards the pacific arrangement of the pending questions between
Mexico and the United States.
I remain, with the greatest consideralion.
Ex. Doc. No. 00.
21
[Enclosure No. 4.1
.Mr. Black to .Mr. Penii y PcTiu.
[Coiifitleniiul.]
Consulate or tiik United States ok America,
Mexico, Jfovember 3, 1845.
The under.'-i-jcned, consul of the 1 niter! States of America, ha.s
the honor to acknowledge the receipt of the confidential note of
his excellency Manuel de la Ptfu y Pena, minister of foreign rela-
tions and government of the iMexican republi' , dated the 31st ulti-
mo, in which the attention of Ihe undersigned is called to a «lisa-
gre^able occurrence which has taken place at the port of Manza-
nilloj by the entry of a vessel in the bay of said port, said to be an
armed vessel of the United States, called the " Palomita;" that a
captain and lieutenant colonel had disembarked, from whom it was
ascertained that the said vessel (c« rbeta) was commanded by Maist
Posseis, and armed with twenty-two guns, and two hundred and
thirteen men, and that the authorities of that place became alarmed,
and put themselves in a state of defence in consequence of the ap-
pearance of said vessel ami the conduct of its commander.
The undersigned regrets much that any such occurrence has hap-
pened to give uneasiness and alarm to the local authorities of Man-
:i:anillo, and thi:t the attention of the Mexican government at this
peculiar juncture in the affairs of the two countries should be oc-
cupied and disturbed by accounts of this nature. But the under-
signed has reason to believe that, as far as the United States and
its authorities are concerned, the affair has been misreported. As,
in the first place, the United States has no vessel of any description
calh^l the Palomita, nor the word corresponding to it in English,
neither is there an officer in the whole United States navy, from a
midshipman up to a commodore, by the name of Maist Possets, nor
a vessel of the rate of twenty -two guns. All these corroborating
circumstances go to show that the said vessel cannot be an armed
vessel of the United States as reported, in relation to which the
Mexican government will no doubt soon be undeceived by the same
authorities from whom it has received its information.
His excellency is further pleased to state that the Mexican gov-
ernment has given orders to suspend all hostile acts against the
United States for the present, and that this requires that like pre-
ventive orders be given by the other side to the respective comman-
ders of the United States navy, during the present '■'■statua ^mo," for
United States vessels of war not to present themselves in any of
the Mexican ports, either of the north or south, with hostile show.
nor do any other act which might inspire the authorities and inhab-
itants of the said coasts with suspicion.
The undersigned would here observe, that the government and
people of Mexico have reason to believe that the government of
the United States is far from entertaining any hostile intentions to-
wards Mexico, as is fully demonstrated by the late conciliatory
22 Ex. Doc. No. 60.
measures moved and adopted by it towards the latter; and his ex»-
cellency must be satisfi d, from what has already transpired, that
the undersigned is well disposed to do everything in his power to
accommodate tkings to the wishes of the Mexican government, as
far as is consistent with a discharge of his duty to that of his own;
and he would be as careful not to offend nor wound the rights and
honor of Mexico, as he would be to defend and sustain the rights
and honor of his own country.
With reference to his confidential note of the 29th ultimo, the
undersigned avails himself of the occasion to renew to his excel-
lency Manuel de la Pefia y Peiia, minister of foreign relations and
government of the Mexican republic, the assurance of his distin-
guished consideration and personal regard.
No. 5.
J\h'. Black to Mr. Buchanan.
[Extract.]
Consulate of the United States of America,
Mexico^ December 18, 1845.
On Wednesday, the 3d instant, I received a letter from our con-
sul at Vera Cruz, dated the 29th of November, informing me that
a vessel had just arrived at Sacrificios, on board of which was the
Hon. John Slidell, who had sent for him, the said consul, to come
down to that place, as he wished to leave Vera Cruz for this capi-
tal by that night's diligence, but he, the consul, was of opinion he
would not be able to leave until the next stage.
On the receipt of this letter I called at the foreign department
of this government, to see the minister of foreign affairs, and was
informed by Mr. Monasterio, the chief clerk, that the minister was
up stairs with the President, and that he was going up to see him,
and would advise him of my wish. He soon returned, and reques-
ted me to go up, as the minister wished to see me. I went up tP
the President's quarters, when the minister came out into the ante-
chamber and met me, and accosted me, saying that the government
was informed that there was an arrival at Vera Cruz from the United
States, bringing out a commissioner, by which the government was
taken by surprise, and asked me who could this commissioner be,
and what had he come for? I told him I did not know, but I pre-
sumed it was the envoy which the Mt-xican government had agreed
to receive from the government of the United States; all the in-
foimation which I had upon the t-ubjecl was, that the consul of the
United States at Vera Cruz had advised me, in a letter under date
of the 29th of November, that the Hon. John Slidell had just ar-
ri^ed at Sacrificios, and wished to leave Vera Cruz for this capital
<bj the first diligence, and that I was under the impression that this
Ex. Doc. No. 60. 23
person was an envoy from the government of the United States to
that of Mexico, as we had good leason to expect one about this
time. He said that ought not to be; the government did not ex-
pect an envoy from the United States until January, as they were
not prepared to receive him; and he desired, if possible, that he
would not come to the capital, nor even disembark at this time, and
that I should endeavor to prevent his doing so, as his appearance
in the capital at this time might prove destructive to the govern-
ment, and thus defeat the whole affair. You know the opposition
are calling us traitors, for entering into this arrangement with you.
I told him I regretted this had not been known in time, as the en-
voy would be now on his way to this capital, and tliatihe Mexican
government had set no time for his arrival, and it was to be pre-
sumed that they w^ouid be ready to receive him whenever he arri-
ved. I know, he said, there was no time set; but from the con-
versations which I have had with yourself, and what I have heard
from others, I had good reason to believe that the envoy would
not have been appointed by your government, or, at least, not have
started on his mission, until after the meeting of Congress;' which,
he said, he understood would not meet until the first of this month.
He said that the government itself was well disposed, and ready
to proceed in the negotiation, but that if the affair was commenced
now, it would endanger its existence; that the government were
preparing the thing, collecting the opinion and consent of the de-
partments, which they expected to have finished by January, and
then they would be able to proceed in the affair w'ith more security;
that the government were afraid that the appearance of the envoy
at this time would produce a revolution against it, which might
terminate in its destruction.
No. 6.
Mr. Slidell to Mr. Buchanan.
[Extracts]
Legation of the United States of America,
Mexico^ Decern,}. 6r 17, 1845.
By ray letter of 30th ultimo, I had the honor to n orm you of
my safe arrival at Vera Cruz. I reached this city on Saturday the
(nh instant, having been detained two days by the stoppage of the
Miail coach at Jalapa. At Puebla, I was met by our consul, Mr.
Elack, who in some measure prepared me for the delays and diffi-
culties which I should have to contend with, in placing myself in
relation with this government, by informing me, that in a private
interview which he had had wnth the minister of foreign affairs,
Mr. Manuel de la Pena y Pena, for the purpose of announcing to
him my arrival at Vera Cruz, that functionary had manifested
great surprise that a minister should have presented himself
so soon, and intimated that the state of things was such that he
24 Ex. Doc. No. 60. .
should have preferred less promptness on the part of our gov-
ernment. On Monday the 8th instant, 1 addressed to the min-
ister of foreign affairs a note, in the iisua] form, announcing my
arrival in the capital, accompanying it with a copy of my letter of
credence and your official communic;ation to the minister of foreiga
affairs, and asking to be informed when and where I should be ad-
mitted to present my credentials to the President. Of this note I
annex a copy. It was handed by Mr. Black to the minister, who
assured him that I should have an answer on the following Wednes-
day; and requested him to call and receive it On that day, how-
ever, Mr. Black received a note from the secretary of the minister,
stating that it was necessary to submit the matter to the council of
gorernment, and that he would be advised when the answer would
be given. Mr. Black has since had another interview with Mr.
Ptna, and has prepared, at my request, a statement of what passed
between them, which I send you.
This council of government is a permanent body of a very ano-
malous character, composed of persons not removable by the ex-
ecutive; its functions, so far as I can understand them, are, with a
few exceptions, and these not applying to foreign relations, merely
advisory, and no obligation exists on the part of the executive,
but in the exceptional cases, to consult the council. The council
was not consulted when the executive determined to renew diplo-
matic relations with the United States, and a recourse to it at this
moment was altogether gratuitous. It is a notorious fact, that sev-
eral pof the members of this council are not only in open and vio-
lent opposition to the present administration, but are endeavoring
to get up a revolutionary movement to overthrow it; and it is gen-
erally understood that a majority of them are unfavorably dispo-
sed towards it.
The impression here among the best informed persons is, that
while the president and his cabinet are really desirous to enter
frankly upon a negotiation w^hich would terminate all their difficul-
ties with the United States, * * * * *
This at least is certain; the administration, in referring a matter
entirely within their own competence, to a body whose decision
they cannot control, and upon whose sympathies they cannot rely,
manifest either a weakness or a bad faith, which renders the pros-
pect of any favorable issue to ncLOtiations v^'ith them, at best, very
problematical.
The deliberations of the council, although ostensibly confiden-
tial, soon became known out of doors. It has been twice or thrice
convoked for tke purpose of deliberating upon my reception, and
it is perfectly well known that it has advised against it. The most
absurd reasons have there been advanced against my recognition, so
absurd, indeed, that they would appear scarcely credible to any one
not upon the spot. * ^ "' * * * *
The objections started were, that ray credentials did not appear
to have been given with the sanction of Congress; that ray ap-
poietment had not been confirmed by the Senate; that this gov-
ernment had agreed only to receive a commissioner, and that, con-
Ex. Doc. No. 60. Sr>
sequent!)', the appointment of an envoy extraordinary and min-
ister plenipotentiary was not in accordance with the letter of the
]6th October h'oin the minister of foreign affairs to Mr. Black;
that this letter only contemplated negotiations upon the subject of
Texas; and finally, to cap the climax of absurdity, that my powers
were not sufficient. I hope, bi'fore the closing of this despatch, to
obtain information of the precise grounds upon which the council
finally decided to recommend that I should not be received.
Having received no reply to my note of the 8th instant, and no
assurance of the time when I might expect one, I addressed another
nn the 15th instant, (a copy of which you will find herewith,) sta-
ting my desire to communicate speedily with my government and
requesting to know when I might expect an answer.
I have, while writing this, received a communication from the
minister of foreign relations, of which I shall turnish you a copy.
You will observe that it is dated yesterday, although I have no
doubt that it was written after the final negative decision of the
council, which was rendered on that day. You wiU find it evasive
and unsatisfactory, intimating difficulties respecting my credentials,
and that negotiations were, by the terms of his letter to our consul,
lo be confined to the subject of Texas. It concludes v/ith an as-
surance that I shall be informed, at the earliest moment, of
the decision of the council, to whom the matter had been sub-
mitted.
You will observe that this note is not addressed to rae in my of-
ficial capacity; the omission to do so is certainly not an accidental
one. I feel considerably embarrassed as to the proper course to
pursue in relation to this circumstance, unimportant in itself, but not
without significancy when taken in connexion with other circum-
stances. Your instructions direct me to bear and forbear mucli,
for the purpose of promoting the great objects of my mission.
* * * * * * it * *
As for myself, personally, I should feel very indifferent to any
questions of mere etiquette; but m my representative capacity, 1
ought not silently to suffer any mark of disrepect. Although not
yet recognized by this government as the person with whom it is
willing to enter upon official relations, so far as my own is con-
cerned, I ana its representative here, and all otiicr considerations
apart, the interests of my mission with a people attaching peculiar
importance to forms, require that I should not allow any violation
of accustomed courtesies to pnss unnoticed. My present intention
is, to address a note to the minister of foreign relations, couched
in the most respectful terms, attributing the omission to address
me by my proper title, to inadvertence, and suggesting the expec-
tation that it will not be repeated. This, however, 1 sl.'all not do
without proper reflection and consultaiion of precedents, if any
such can be found. There is less reason for immediate reply, as i
am satisfied that nothing is to be gained by pressing upon the gov-
ernment at this moment; their existence hangs by a thread, and
they retain power, not by iheir own force, but solely by «he ina-
bility of their opponents to agree amojg themselves. The great
26 Ex. Doc. No. 60.
object of the administration, in all matters, is to gain time; to do
nothing to compromit themselves, in the hope that if they can hold
over until the rateting of the new congress, which will take place
on the 1st of January, they will thtn be enabled to maintain their
position. It would seem presumptuous in me, having so recently
arrived, and with my necessarily very limited acquaintance and
means of information, to express any opinion on this subject, but'
I give it to you for what it may be worth. A revolution, and that
before the meeting of congress, is a probable event; a change of
ministers almost a certain one. Notwithstanding the desire, which
I believe the present administration really entertains, to adjust all
their difficulties with us, so feeble and inert is it, that I am rather
inclined to the opinion that the chances of a successful negotiation
would be better with one more hostile, but possessing greater en-
ergy. The country, torn by conflicting factions, is in a state of
perfect anarchy; its finances in a condition utterly desperate. * ^
A refusal to treat with, or even receive me at all, in the only ca-
pacity in which I am authorised to act, under pretexts more or less
plausible, is a possible (I aught, perhaps, to say a probable) event.
This is a contingency which could not have been anticipated, and
for which your instructions have, consequently, not provided. It
will place me in a novel, awkward, and most embarrassing po-
sition, and impose upon me a grave responsibility. Should it
occur, I shall endeavor so to conduct myself as to throw the whole
odium of the failure of the negotiation upon this governmentj
point out, in the most temperate manner, the inevitable conse-
quences of so unheard of a violation of all the usages which govern
the intercouse between civilized nations; and declare my intention
to remain here until I can receive instructions adapted to the exi-
gencies of the case. I trust that no time will be lost in furnishing
me with instructions that will enable me to act promptly and de-
cisively; and, to assure the requisite despatch, I would recommend
that they be sent by a steamer from Pensacola. Sailing vessels
are frequently from fifteen to twenty days making the passage
from Havana, or the Balize, to Vera Cruz.
I send you files of the three principal papers published here, viz:
the Diario, Siglo, and Amigo del Pueblo, which will enable you to
form some idea of the state of public opinion as indicated by the
press. The first is the official government paper; it has not made
the slightest allusion to my arrival, and preserves upon all other
debatable subjects a silence equally oracular. The second, although it
has had a sort of semi-official character, and had heretofore supported
the administration, has recently commented very freely upon its
feebleness and inefficiency. The third is the leading opposition
journal; it breathes the fiercest hostility against the United States,
denounces the proposed negotiation as treason; and, in the last
number, openly calls upon the troops and the people to put down
the government by force. * * * * *
I had hoped to have been prepared to forward with this a full
statement of the facts connected with the disputed payment of in-
stalments of the Mexican indemnity, but am not yet in possession
Ex. B&c. No. 60. 27
of the necessary evidence; I am now engaged in collecting it, and
expect to forward my report with my next despatches.
Isend this by Lieutenant Kennedy, who, at ray request, was de-
tached by Captain Saunders from the St. Mary's; which ship will
immediately, on the arrival of L eut. K., proceed to Pensacola. I
shall detain the Porpoise until I have something definite to com-
municate.
P. S. December 18, 1845. — At the moment I was about to close
this, I obtained the dictamen of the council of government, pub-
lished in the"Siglo." I send you the paper.
[Enclosure N». 1.]
Mr. Slidell to Mr. Peha y Pena.
Mexico, December 8, 1845.
The undersigned who has been appointed envoy extraordinary
and minister plenipotentiary of the United States of America, near
the Mexican government, has the honor to inform your excel-
lency that he arrived in this capital on the evening of the 8th in-
sstant, and requests to be informed of the time and place at which
he may have the honor to be admitted to present his letter of cre-
dence (a copy of which he encloses) to the most excellent Presi-
dent of the republic of Mexico, General Jose Joaquim Herrea.
He also begs leave to present, herewith, a letter addressed to
your excellency by the Hon. James Buchanan, Secretary of State
of the United States of America.
The undersigned avails himself of this occasion to tender to
your excellency the assurance of his profound respect and distin-
guished consideration.
JOHN SLIDELL.
To his excellency Man^l de la Pena y Pena,
Minister of Foreigr^Relations and Government
of the Mexican Republic.
Mr. SlideWs letter of credence.
JAMES K. POLK,
president of the united states of AMERICA.
Great and Good Friend: I have made choice of John Slidell,
one of our distinguished cit'zens, to reside near the government
of the Mexican republic in the quality of envoy extraordinary and
minister plenipotentiary of the United States of America. He is
28 Ex. Doc. No. 60.
%
well informed relative to the interests of the two countries, and ot
our sincere dtsire to restore, cultivate, and strengthen friendship
and cood correspondence between us; and, from a knowledge of
his fiiielity and good conduct, I have entire confidence that he will
render himself acceptable to the Mexican government, by his con-
stant endeavors to preserve and advance the interest and happiness
of both nations. 1, therefore, request youc excellency to receive
him favorably, and to give full credence to whatever he shall say
on the part of the United States. And I pray God to have you iu
his safe and holy keeping.
Written at the city of Washington the tenth day of Novmber,
in the year of our Lord one thousaad eight hundred and forty-five,
and cf the independence of the United States the seventieth.
Your good friend,
JAMES K. FOLK.
By the President:
James Buchanan,
Secretary of Slate.
To his Excellency Don .jose Joaquim Herrera,
Prtsident of the Mexican Repul ic.
[Enclosuro No. 2.]
Mr. Black to Mr. Slidell. — Extracts.
Consulate of the United States of America,
Mexico, December 15, 1846.
In compliance with your request, I have the honor to give you,
herewith, a written statement of what passed between his excellen-
cy Manuel de la Pefla y Pena, minister of foreign relations, &c.j
of the Mexican government, and myself, and the two interviews
had with the said minister, on the evenings of the 8th and 13th
instant, held at his house, as follows:
At the interview of Monday evening, the 8lh instant, which took
place between the hours of 6 and 7, I stated to his excellency that
I presumed he knew of the arrival in this city of the Hon. John
SiidelJ, as envoy, &c., from the government of the United States.
He replied that he had been informed of it that day. I then told
him that I had made known to Mr. Slidell what his excellency had
communicated to me in our interview of Wednesday, the 3d inst.,
in relation to the tears entertained by the Mexican government on
account of his arrival at this time, as it would have better suited
the Mexican government, and they would be more able to carry
out their views in relation to the mi-sion, if the envoy had arrived
a month later; and that our minister, Mr. Slidell, had regretted
much that he had not known the wish of the Mexican govern-
ment in relation to this point before he left home, as it would also
have better suited his convenience to have deferred his coming a.
Ex. Doc. No. 60. 29
month longer; but it was his impression that it was the wish of the
^lexican government that he should arrive with as little delay as
possible.
His excellency replied that he had been under the impression,
from what had been intimated by myself and others, that an envoy
would not be appointed by the government of the United States
until afier the meeting of Congress, which would not take place
until the 1st of December; that the Mexican government were
engaged in collecting the opinion of the department in relation to
this affair, in order that they might be prepared and better able to
carry out their views respecting the same; that he himself *\'as well
disposed to have everything amicably arranged, but that the oppo-
sition was strong, and opposed the government with great violence
in this measure, and that the government had to proceed %vith cau-
tion; that nothing positive could be done until the new Congress
meet in January; but that, in the meantime, they would receive the
minister's credentials, examine them, and be treating on the sub-
ject. He wished to know when I thought the minister would re-
ceive the confirmation of his appointment by the Senate. I said
this he would likely know in a tjew days,
-V- ,-if M^ *i- -u- -M,
* «
I then presented to his excellency the letter of the Hon. John
Slidell, enclosing a copy of his credentials, and a letter from the
Hon. James Buchanan, Secretary of State of the United States;
at the same time asking the Mexican minister when it would be
convenient to give an answer;ii^p which he replied, on Wednesday
evening, the 10th instant, at th^^ame hour and place, and requested
that I would attend, to receive the same accordingly; to which I
consented; but, about 4 o'clock in the afternoon of that day, I
received a note from Mr. Monasterio, chief clerk of the foreign
department, advising uje that the minister could not receive me
that night (as agreed on) on account of it having been det( > j'lined
to hear the opinion of the government countnl on the subjct ! of
the arrival ot the minister from the United States; but as sor.ii ;is
he was ready for the conference arranged with me, he would Ldye
the pleasure to advise me, as will be seen by a copy of said note,
whi«'h I transmit herewith.
On Saturday evening, the i3th instant, at the request of Mr.
Slidell, I called on the Mexican minister, Senor Pefia, at liis house,
to inquire when an a»'«wer would be given to his (Mr. Slidell's)
aforesaid note. He replied that the affair had been submitted to
the government council, in a special session of this day, and
that it had been referred to a committee, and that as soon as the
committee made a report, and the council should decide, he would
then advise me, through Mr. Monasterio, when he was ready for
the conference to present to me the answer for Mr. Slidell; as he
said when he came to examine the Crednntials of Mr. S. he found
them to be the same as those presented by Mr. Shannon, and other
former ministers — as a minister to resi<ie near the government of
Mexico, just as if there had been no suspension of the diplomatic
and friendly relations between the two governments; that the
30 Ex. Doc. No. 60.
Mexican government understood the present misiion to be a special
mission, and confined to the differences in. relation to the Texas
question, and not as a mission to reside near the Mexican govern-
ment, as in ordinary cases; that of course would follow when the
first question was decided.
I replied, that as I understood it', the Mexican government had
not only agreed to receive an envoy, intrusted with full powers to
settle the question in dispute in relation to the affairs of Texas,
bat all the questions in dispute between the two governments, as
proposed by the government of the United States. He replied
that the credentials of Mr. Slidell had not reference to any ques-
tions in dispute, but merely as a minisiter to reside near the Mexi-
can government, without reference to any questions in dispute,
just as if the diplomatic and friendly relations between the two
governments had not been and were not interrupted; that I knew
the critical situation of the Mexican government, and that it had
to proceed with great caution and circumspection in this affair;
that the government itself was well disposed to arrange all differ-
ences.
-* * * * * * * »
He said he was happy to say that he had received very favorable
information in relation to our minister, the Hon. Mr. Slidell; that
he understood he was a person endued with excellent qualities,
and an eminent lawyer; and as he himself was of that profession,
they would be able to understand each other better, and that he
would be much pleased to cultivate his acquaintance; and that if
etiquette and the present state of affairs would permit, he would
be happy to pay him a visit, even before he was presented to the
government; and said he would advise me, through Mr. Monas-
terio, when he was ready to present to me the answer to Mr. Sli-
dell's note.
The foregoing, sir, is, as far as my recollection will serve, a true
statement of what passed between the aforesaid Mexican minister
and myself in the before mentioned interviews.
f . [Enclosure No. 3.]
Mr. Slidell to Mr. Pefia y Pena.
Mexico, December 15, 1845.
The undersigned, envoy extraordinary and minister plenipoten-
tiary of the United States of America, had the honor, on the 8th
instant, to address a note to your excellenry, informing him of
the arrival of the undersigned in this capital, accompanying the
same with a copy of his letters of credence, and requesting to be
informed when and where he might have the honor of presenting
his said letters of credence to the most excellent president of the
Mexican republic, General Jose Joaquim de Herrera.
Ex. Doc. No. 60. 31
To this note the undersigned has not as yet received any reply.
He is necessarily ignorant of the reasons which have caused so long
a delay; but, inasmuch as he is desirous to communicate as speedily
as possible with his government, he begs leave, most respectfully,
to ask your excellency to inform him when he may expect to re-
ceive a reply to his note of the 8th instant.
The undersigned renews to his excellency Manuel de la Peiia y
Pena the assurance of his most distinguished consideration.
JOHN SLIDELL.
His Ex'y Manuel pe la Pena y Pena,
Minister of Foreign Relations and
Government of the Mexican Republic.
[Enclosure No. 4.]
Mr. Pena y Pena to Mr. Slidell.
Palace of the National Government,
Mexico J December 16, 1845.
The undersigned, minister of foreign relations, in answer to the
letter which Lis excellency Mr. John Slidell was pleased to address
to him yesterday, has the honor to inform him that the delay in his
reception, to which he alludes, and the consequent delay in answer-
ing his preceding note, making known his arrival in this capital,
and accompanying a copy of his credentials, have arisen solely
from certain difficulties, occasioned by the nature of those creden-
tials, as compared with the proposition made by the United States,
through their consul, to treat peacefully upon the affairs of Texas,
with the person who should be appointed to that effect; for which
reason it has been found necessary to submit the said credentials to
the council of government, for its opinion with regard to them.
The undersigned will communicate the result to his excellency
without loss of time; assuring him meanwhile that the government
of Mexico is ready to proceed agreeably to what it proposed in its
answer on the subject.
The undersigned avails himself of this opportunity to offer to
his excellency Mr. Slidell the assurances of his very distinguished
consideration.
MANUEL DE LA PENA Y PENA.
His Excellency John Slidell, ^c, ^'c.
32 Ex. Doc. No. 60.
No. 7.
Mr. Slidell to Mr. Buchanan.
[Extraete.]
Legation of the United States of America.
Mexico^ December 27, 1845.
I have the honor to transmit, herewith, a copy of my despatch.
• f the 17lh instant.
On the 20th instant, not having received from the minister of
foreign relations the reply in relation to my reception, which he
had assured m& would be made as soon as he should be informed of
the results of the reference to the council of government, I thought
it advisable to avail myself of the opportunity which his silence
afforded to correct the statement made by him in his note of the
16th instant, that the United States had proposed, through their
consul, to treat in a friendly manner resp'ecting the affairs of Texas.
I accordingly addressed him the communication of which you wilt
find a copy herewith; pointing out, briefly, the error into which he
had fallen, with the hope, rather than the expectation, thrit it might
induce him to withhold oi qualify the reply which it was known,
from the public declaration of the minister himself in the chamber
of deputies, had been prepared, declaring the refusal of the Presi-
dent to receive me. On the 21st instant I received from Mr. Pena
Y Peiia his promised reply, conveying the formal and unqualified
refusal of the Mexican government to receive me in the character
for which I am commissioned; of this most extraordinary document
I send a copy. To this I replied, under date of the 24th instant,
disproving the unfounded assertion of Mr. Pena y Pena, and refut-
ing the arguments upon which the refusal to receive me was based.
It would be superfluous lor me to recapitulate what I have said in
my letter to the minister of foreign relations, and I shall refer you
for particulars to the accompanying copy.
I am not without apprehension lest, in my anxiety to preserve
that tone of forbearance, in my intercourse with this government,
which has been so strongly inculcated upon me bv your instruc-
tions, I may have failed to animadvert with becoming spirit on itt
unparalleled bad faith, its gross falsification of the correspondence
■which led to my appointment, and the utter futility of the misera-
ble sophistry by which it attempts to justify its conduct. If I have
«rred in this respect, I doubt not that you will find sufficient ex-
cuse for the error in the peculiarity of my position, unprecedentedj
I believe, in our diplomatic annals; the absence of all instructions
in a contingency so unlooked for; and the feeling of self abnega-
tion which has prompted me rather to subject myself to the impu-
tation of a want of proper firmness and energy, than to take a
course which could scarcely have failed to close the door upon all
subsequent attempts at negotiation, and render war inevitable.
Apart, indeed, from your instructions, two other considerations
Ex. Doc. No. 60. 33
-would have operated to restrain me from replying to the note of
Mr. Pefia y Pena in stronger terms — the conviction that it was dic-
tated rather by the fears than the feelings of the existing govern-
ment, and the relative situation of the two countries — which would
have rendered the language of menace and recrimination unbe-
coming.
You will observe that I have signified to this government my in-
tention to proceed in a few days to Jalapa, there to await your final
instructions. I have not decided upon this course without due de-
liberation, and I hope that it will meet with your approbation. My
reasons were, first, to let this government understand, from my acts
as well as my words, the serioas consequences likely to result from
a persistence in their present course; and, secondly, to avoid the
possibility of any suspicion attaching to the legation, of interfer-
ence of any kind in the struggle now going on.
With a people so jealous and suspicious, the most innocent move-
ments or associations are liable to be misunderstood and misrepre-
sented; and, for that reason, I have, since my arrival, abstained
from all intercourse with members of- either of the contending par-
ties. To enable you better to decide upon the course proper to be
pursued, I will endeavor to give you, in as few words as possible,
some idea of the present state of things here. I will not enter into
detail; for their phases vary so much from day to day, and there
are so many fractions and subdivisions of party, that, even if I pos-
sessed the necessary information, I could not communicate it to
you within any ordinary limits. The two great divisions of party
are those of the federalists and centralists; the former desiringvthe
re-establishment of the constitution of 1824, which, with the ex-
ception of the absence of religious toleration, was very nearly a
counterpart of our own; the latter, as the name implies, advocating
a consolidated government, as the only one adapted to the charac-
ter of the people, and possessing sufficient strength and energy to
preserve their nationality. But in these two great parties there
are many shades of opinion — some of the federalists, for instance,
being disposed to concede greater powers to the general govern-
ment; while many of the centralists advocate an executive with
unlimited powers, to be exercised either by a single person or a
triumvirate; and some would even go so far as to abrogate all the
forms of a republican government, and call for the establishment
of a monarchy, in the person of some foreign prince, to be guaran-
tied by some leading European powers.
* # *• * * =:* # >»
General Herrera, the actual President, was elected but a few
months since, almost unanimously, and in accordance with the
forms of the constitution; he came iato power under auspices ap-
parently the most flattering, and yet he will, in all probability,
soon vacate the national palace, to be succeeded by some military
chief, whose career, in turn, will be equally short lived.
The associations of General Herrera have heretofore generally
been with tha federal party, and the bias of his feelings in that
direction was indicated by the selection from it of a majority of the
3
34 ^ Ex. Doc. No. 60.
snembers of his cabinet; but his failure to proclaim the federation,
and 10 throw himselt frankly upon that party, soon alienated the
greater portion of it; while the remainder have given him but a
feeble and reluctant support, and the whole force of the central-
ists, comprising nearly all the officers of the array, and almost the
entire clergy, has been arrayed against him. He is universally ad-
mitted to be a man of probity, and the persons immediately about
him are said to be free from any antecedent stain. * * *
* * * He has end*-avored to conduct the government
pu' ely, and to correct some of the gross abuses which have existed
in every branch of the public service; this has, of cou'-se, enlisted
:against him the host of office-holders throughout the country, and
he has not shown that energy which was necessary to carry his
good intentions into effect. 'J'he command of the division ol re-
ser\e, destined to operate on the frontu r of Texas, was entrusted
to General Paretics, who, although he had, from causes of personal
<Jissatisfaction, contributed to the overthrow of Santa Anna, has
alv;ays been known as the advocate of centralism, or ra her of a
military despotism. Ordered to advance, several months since, to
the line of the Rio del Norte, he has, on various frivolous pretexts,
constantly disobeyed or evaded his instructions, and the govern-
ment, although it cannot have been ignorant of his hostile inten-
tions, has not dared to displace him. The force under his command
is variously estimated at from 5,000 t* 8,000 men, and is said to
comprise the most efficient troops of the republic. The intention
of the government to negotiate with the United States has been
made the great theme of denunciation, and the opposition has been
grsidually maturing its plans of insurrection in every quarter. The
arrival of an American minister was to be the signal of the out-
break; it occurred sooner ban was anticipated, and cons^^quently
found them unprepared. Paredes did not issue his revolutionary
proclamation until the 15th instant, and did not put his troops in
march towards this place until some days after; a corresponding
«novement in the capital whs expected to have taken place imme-
-^iately on the receipt ot Patedes's proclamation, and such undoubt-
edly was the intention of the revolutionists; but it seems that his
<'p/an5" as these insurrectionary programmes are here called, dis-
Baiisfied som'^' of the leadeis; they could not agree upun their
course of operations, and the movement was postponed. This gave
• the government a breathing spell. In the meantime, several ot ihe
most conspicuous revolutionists have been arrested and are now in
prison; others, (ard among them General Almonte,) agamst whom
orders of arrest have been i.>sue<l, are concealed; extraordinary
powers for six months have been granted to the President by Con-
gress- the city, which is now beinjj^ fortified, has been declared in
a state of siege, and the liberty of the prs >s suspended. The gov-
ernment appears to be detei mined to defend itself obstinately, al-
though the defection ol the garrisons ot San Juan de UUoa and
Vera Cruz, and of the fnrce stationed at Jalapa, gives it but little
reason to rely upon the fidelity of any portion of the army. What
V7i\\ be the res^ult, it would be idle for me to predict, but the gen-
Ex. Doc. No. 60. 35
eral opinion here appears to be that the government must succumb.
****** Of one thing, however, T feel as-
sured, that, after what has occurred, shouUJ any concession be
made by our government, if any Ami-rican minister present himself
here without an un(,Uiliiied retraction, by whatever parly may
succeed in the present contest, ol Mr. Pefia y Peiia's note of the
20th instant, he will come on a bootless errand. The desire of
our government to secure peace will be mistaken for timidity; the
most extravagant pretensions will le made and insisted upon, until
the Mexican people shall be convinced, by hostile demonstriUions,
that our differences must be settled promptly either by negotiation
©r the sword.
I shall be detained here a few days, engaged in collecting the
facts, and taking certain steps in relation to the disputed paycuent
of instalments, which, when obtained and completed, will form the
subject of a separate despatch.
•
[Enclosure No. 1.]
Mr. Slidell to Mr Pena.
Mexico, December 20, 1845.
The undersioned, envoy extraordinary and minister plenipoten-
tiary of the United States of America, has the honor to acknow-
ledge the receipt, on the 17th instant, of the n-^.te of your excel-
lency, dateil the 16th instant, in reply to that of the undersigned
of t)ie 15th instant. By this note, the undersigned is informed that
"'the delay which has occurred in his reception, and, consequeiitly,
in the reply to his former note of the 8th instant, announcing his
arrival in this capital, and presenting a copy of his credentials,
has proceeded exclusively irom certain difficulties presenter! by the
tenor of his credentials, compared with the proposal made by the
United Stales, through their consul, to treat in a friendly manner
respecting the affairs of Texas, by a person whom they should name
to that effect; for which cause it has been necessary to submit the
said credentials to the ^ die tarn en^ of the council of government."
Your excellency further says that you "will inform me, without
the loss of a moment, of the result, as.^uring me, in the meanwhile,
that the government of Mexico is ready to proceed in conforraity
with what it declared in its reply to the proposal made through
the consul."
The undersigned has delayed until now replying to the note of
your excellency, in the expectation that the promised information
of the result of the application to the council of government would
have made him acquainted with the precise character of the ditfi-
eulties in relation to his credentials, to which allusion is made.
Having been disappointed in this expectation, and presuming, from
the silence of your excellency, that the question submitted is still
pending before the council, the undersigned begs leave to call the
3G Ex. Doc. No. 60.
attention of your excellency to what he supposes to be a misap-
prehension, on the part of your excellency, of the proposition
made by the United States, through their consul, Mr. Black, on
the 13th of October last, and its acceptance by the Mexican gov-
ernment, as signified by the letter of your excellency of the 15th
of October to the consul. If the undersigned be mistaken in this,
his error must be attributed to the very vague manner in which the
difficulties respecting the tenor of his credentials are alluded to.
By reference to the letter above mentioned of the consul, your
excellency will find that Mr. Black was instructed, ''in the ab-
sence of any diplomatic agent in Mexico, to ascertain from the
Mexican government whether they would receive an envoy from
the United States, entrusted with full pfewer to adjust all the ques-
tions in dispute between the two governments, ' and to sayy
"should the answer be in the affirmative, that such an envoy should
be immediately despatched to Mexico." In this letter, not only
was no suggestion made of a disposition to treat on the isolated
question of Texas, but no reference whatever can be found in it to
that question, excepting so far as it was comprised in the inquiry
whether the Mexican government would receive an envoy entrusted
with full power to adjust all questions in dispute between the two
governments.
In reply to this letter, your excellency, under date of the 15th of
October, said that, "although the Mexican go^'-ernment is deeply
injured by the United States, through the acts committed by them
in the department of Texas, belonging to this nation, my govern-
ment is disposed to receive the commissioner of the United States
who may come to this capital with full powers to settle the present
dispute in a peaceful, reasonable, and honorable manner; thus
giving a new proof that, even in the midst of lis injuries and of its
firm determination to exact adequate reparation of them, it does
not repel with contumely the measure of reason and peace to
which it is invited by its adversary."
The undersigntd will not permit himself to anticipate the possi-
"bility of any obstacle being interposed by the Mexican government
to prevent the renewal of its diplomatic relations with the United
States, and the opening in due season, of negotiations for the
termination of all existing difficulties; and he has not presented,
the foreo^oing extracts from the correspondence which led to his
appointment to the distinguished trust with which he has been
honored by the Executive of the United States, for the purpose of
commencing an argument in relation to his credentials — which
would now be premature, and which he hopes will not be, at any
time, necessary — but simply for the purpose of rectifying an error
into which your excellency has, as he is bound to believe, inadver-
tently fallen, in stating that the United States had proposed to
treat on the subject of Texas.
The undersigned, in closing this note, begs leave to call the
attention of your excellency to the omission of your excellency to
address him by his proper title, which he presumes is accidental.
Although the undersigned is not yet received by the Mexican goT-
Ex. Doc. No. 60. ' 37
efnment as the accredited agent of that of the United States; still,
Ijearing, as he does, a commission from the President of the United
States establishing his diplomatic character, that character should
be recognized in any communication addressed to him. The
undersigned trusts that he will not again have occasion to refer to
this subject. He would not, perhaps, now do so, were it a ques-
tion of mere etiquette; but, in the present disturbed state of the
country, contingencies may possibly occur, during the pendency of
the question submitted to the council of government, in which he
might have occasion to reclaim the privileges and immunities which
his commission confers upon him.
The undersigned tenders to your excellency, &c., &c.
JOHN SEIDELL.
His Excellency Manuel de la Pena y Pena^
Minister of Foreign Relations.
] Enclosure No. 2 — Translation.]
Mr. Pena y Pena to Mr. Slidell.
Palace of the National Government,
Mexico^ December 20, 1845.
The undersigned, minister of foreign relations and government
of the Mexican republic, had the honor to receive the note which
Mr. John Slidell was pleased to address to him on the 8th instant,,
making known his arrival at this capital, in the character of envoy
extraordinary and minister plenipotentiary of the United States of
America, near the government of the undersigned, and requesting
that a time and a place should be appointed for his admission to
present his credentials, of which he was pleased to send copies
enclosed.
The undersigned, having submitted the whole to his excellency
the President of the republic, and having also considered atten-
tively the note addressed to him by the Secretary of Slate of the
United States, relative to the mission of Mr. Slidell, regrets to
inform him that, although the supreme government of the republic
is animated by the pacific and conciliatory intentions which the
undersigned manifested to the consul of the United States in his
confidential note of the 14th of October last, it does not conceive
that, in order to fulfill the object proposed by the said consul, in
the name of the American government, and accepted by the under-
signed, it should admit his excellency Mr. Slidell in the character
with which he is invested, of envoy extraordinary and minister
plenipotentiary residing in the republic.
In order to place this refusal upon its proper grounds, the un-
dersigned will briefly communicate to Mr. Slidell the reasons by
which his excellency the President is guided.
The proposition in question emanated spontaneously from the
38 Ex. Doc. No. 60.
government of the United States, and the Mexican government ac-
cepted it, in order to give a new proof, that in the midst of griev-
ances, and its firm decision to exact adequate reparation, it did not
repel or contemn the measure of reason and peaice to which it was
invited; so that this proposition, as well as ii acceptance, re>ted
ubon the precise and definite understanding that the commissioner
should be ad hoc — that is to say, commissioned to settle, in a peace-
ful and honoiable manner, the questions relative to Texas. This
has not been done, as Mr. Siidell does not come invested with that
chaiacter, but with the absolute and general 'functions of an envoy
extraordinary and minister plenipotentiary, to reside in this quality
near the Mexican government.
If his excellency Mr. Siidell be admitted in this character, which
differs substantially from that proposed for his mission on the part
of the United States, and accepted by the government of the un-
dersigned, there would be reason to believe that thenceforth the
relations between the two republics were open and frank, which
could not be -the case until ♦he questions which have led to the pre-
sent interruption ot those relations should have been settled in a
manner peaceful, but at the same time honoiable to Mexico.
Although it be true that, in the cred^'ntial letter brought by his
excellency Mr. Siidell, it is stated that he is informed of the de-
sire of the President of the United States to restore, cultivate, and
strengthen friendship and good correspondence between the two
countries, it is also no less true that in this clause the single word
restore is by no means sufMcient to give to Mr. Siidell the special
character of commissioner, or plenipoten.tiary ad hoc; to make pro-
positions as to the affairs of Texas, calculated to establish peace
firml)', and to arrest the evils of war by means of an adequate agree-
ment. Mr. Siidell is too enlightenecl not himself to see that the
powers of such a plenipotentiary ought to refer, and be a'lequaj:e5
and di:ected definitely to the business for which he is appointed;
and that he is very iar from possessing these requisites, in virtue
of the character in which he appears, of an absolute and general
minister, of an ordinary plenipotentiary, to reside near the Mexi-
can government.
The admission of such a minister should be, as the undersigned
has already said, preceded by the agreement which the United S:ates
proposes to enter into for the establishment of peace and good cor-
respondence with Mxico, interrupted by the occurrences of Texas
— this point being, from its very nature, necessary to be attained
before any other; and until it shall have been entirely and peace-
fully settled, not even an appointment should be made of a resident
minister by t-ither of the two governments.
The supreme government ot Mexico, therefore, cannot admit his
excellency Mr. Siidell to the exercise of the functions of the mis-
sion conferred on him by the United States governmerit. But as
the sentiments expressed by the undersigned to the consul, in his
above mentioned communication of the 14th of Ociober last, are in
no wise changed, he now repeats them; adding that he will have
the utmost pleasure in treating with Mr. Siidell so soon as he shall-
Ex. Doc. No. GO. • 39
have presented credentials authorizing him expressly and exclusive-
ly to settle thequestions wliich have disturbed the harmony and
good understanding between the two republics, and which will
bring on war between them unless such settlement be etfecled in
a satisfactory manner, lo which the proposition from the govern-
ment of the United States related, and under the express under-
standing of which that proposition was accepted by the Altfxicani
government. Until this be done, Mr Slidell cannot be admitted
in the character with which he appears invested, as the honor, the
dignity, and the interests of the Mexican republic would thereby
be placed in jeopardy.
The undersigned takes the liberty lo adjoin to the present note
his answer to ttiat of the Secretary of Siate of the United States^
presetited to him by Mr. John Slidell; to whom he has the honor
at the same time to present the assurances of his very distinguished
consideration.
MANUEL DE LA PENA Y PENA.
To his Excellency John Slidell, ^., ^c, fyc.
[Enclosure No. 3.]
Mr. Slidell to Mr. Pena y Pena.
Mexico, December 24, 1845.
The undersigned, envoy extraordinary and minister plenipoten-
tiary of the United States of America, had the honor to receive, oii
the evening of Sunday the 21st instant, the communication of Mr.
Ptfia y Pena, dated on the preceding day. The undersigned will
Abstain from the full expression of the feelings of astonishment and
dissatisfaction which its perusal has so naturally excited, fearlul
that, if he did not do so, he might overstep the bounds which cour-
tesy and the usages of diplomatic intercourse prescribe, in address-
ing; a person occupying the distinguished position of Mr. Ptfia y
Pena; but he should be recreant alike to the character, dignity, and
interests of the government which he has the honor tu represent^
were he not to point out to your excellency, and th.ough him to
to the people of the United States and of Mexico, the misstatements-
(and he begs to be understood that he uses this woid in no invidi-
ious sense) which the communication of your excellency contains
of the correspondence which iridu ed the appointment of the under-
signed, refute the reasoning by which Mr. Pi-na y Peila attempts
to sustain the refusal of the Mexican government to receive him,
and apprise him of the very grave consequences to which a per-
sistence in that refusal will probably lead.
In performing this ungrateful duty, the undersigned will sedu-
lously endeavor to avoid every expression that could, by possibility^
otfend the jtist sensibilities of the Mexican government; but this
feeling, sincerely entertained, would dengenerate into culpable
40 ' Ex. Doc. No. 60.
weakness, were he to withhold any fact or suppress any argument
necessary to the faithful discharge of the task which has been im-
posed upon him — that of vindicating the strict correctness of the
course pursued by his government, and demonstrating the glaring
impropriety of that which the Mexican government seems deter-
minl'd to pursue.
For this purpose, it will be necessary to make a brief reference
to the difficulties which existed between the two countries, when,
at the instance of your excellency, the consul of the United States,
acting by authority of his government, addressed to your excellen-
cy, on the 13th of October last, a letter, the substance of which
had been communicated orally to your excellency in a confidential
interview two days previously. Diplomatic relations had been
suspended by the recall of General Almonte, the Mexican minister
at Washington, in March last, and the subsequent withdrawal of the
minister of the United States from Mexico.
Mexico considered herself aggrieved by the course which the
United States had pursued in»relation to Texas, and this feeling, it
is true, was the immediate cause of the abrupt termination of all
diplomatic relations ; but the United States, on their part, had
causes of complaint, better founded and more serious, arising out
of the claims of its citizens on Mexico.
It is not the purpose of the undersigned to trace the history of
these claims, and the outrages from which they sprung. The an-
nals of no civilized nation present, in so short a period of time, so
many wanton attacks upon the rights of persons and property as
have been endured by citizens of the United States from the Mexi-
can authorities — attacks that would never have been tolerated from
any other nation than a neighboring and sister republic. They
were the subject of earnest, repeated, and unavailing remonstrance,
during a long series of years, until at last, on the 11th of Aprii,
1839, a convention was concluded for their adjustment. As, by
the provisions of tnat convention, the board of commissioners or-
ganized for the liquidation of the claims was obliged to terminate
its duties within eighteen months, and as much of that time was lost
in preliminary discussions, it only acted finally upon a small por-
tion of the claims, the amount awarded upon which amounted to
$2,026,139, (two millions twenty-six thousand one hundred and
thirty-nine dollars;) claims were examined and awarded by the
American commissioners, amounting to $928,627, (nine hundred
and twenty-eight thousand six hundred and twenty-seven dollars,)
upon which the umpire refused to decide, alleging that h's au-
thority had expired, while others, to the amount of $3,336,837,
(three millions three hundred and thirty-six thousand eight hundred
and thi'-ty-seven dollars,) remained altogether unacted upon, be-
cause they had been submitted too late for the decision of the board.
In relation to the claims which had been submitted to the board of
commissioners, but were not acted on tor want of time, amounting
to $4,265,464, (four millions two hundred and sixty five thousand
four hundred and sixty-four dollars,) a convention was signed in.
this capital on the 20th of November, 1843, by Mr. Waddy Thorap-
Ex. Doc. No. 60. 41
son, on the part of the United States, and Messrs. Bocanegra and
TrigueroSj on that of Mexico, which was ratified by the Senate of
the United States, with two amendments manifestly reasonable and
necessary. Upon a reference of these amendments to the govern-
ment of Mexico, it interposed evasions, difficulties, and delays of
every kind, and has never yet decided whether it would accede to
them or not, although the subject has been repeatedly pressed by
the ministers of the United States. Subsequently, additional claims
have been presented to the Department of State, exceeding in
amount $2,200,000, (two millions two hundred thousand dollars,)
showing in all the enormous aggregate of $8,491,603, (eight mil-
lions four hundred and ninety-one thousand six hundred and three
dollars.) But what has been the fate even of those claimants
against the government of Mexico, whose debt has been fully liqui-
dated, recognized by Mexico, and its payment guaranteed by the
most solemn treaty stipulations? The Mexican government finding
it inconvenient to pay the amount awarded, either in money or in
an issue of treasury notes, according to the terms of the conven-
tion, a new convention was concluded on the 30th of January,
1843, between the two governments, to relieve that of Mexico from
this embarrassment. By its terms, the interest due on the whole
amount awarded was ordered to be paid on the 30th April, 1843,
and the principal, with the accruing intere;;t, was made payable
in five years, in equal instalments, every three months. Under this
new agreement, made to favor Mexico, the claimants have only re-
ceived the interest up to the 30th xipril, 1843, and three of the
twenty instalments.
Tne undersigne.i has not made this concise summary of the inju-
ries inflicted upon x4.merican citizens during a long series of years,
coeval indeed with the existence of the Mexican republic, repara-
tion for which has been so unjustly delayed, for the purpose of re-
crimination, or to revive those angry feelings "^vhich it was the ob-
ject of his mission to assuage, and, if possible, by friendlj and
frank negotiation, to bury in the most profound oblivion; but sim-
ply to prove, that if the proposition made by his government,
through its consul, for the renewal of diplomatic relations, pre-
sented any ambiguity, (which, he will proceed to show, does not
exist;) it could not, by any fair rule of construction, bear the in-
terpretation which your excellency has given to it. The United
States have never yet, in the course of their history, failed to vin-
dicate, and successfully, too, against the most powerful nations of
the earth, the rights of their injured citizens. If such has been
their course in their infancy, and when comparatively feeble, it
cannot be presumed that they will deviate from it now.
Mr. Pefia y Peiia says, that, having communicated to his excel-
lency the president of the republic the note of the undersigned, of
the 8th instant, with a copy of his credentials, and the letter of
the Secretary of State of the United States relative to his mission,
he regrets to inform the undersigned, that although the supreme
government of the republic continues to eniertain the same pacific
and conciliatory intentions which your excellency manifested to
43
Ex. Doc. No. 60.
the consul of the United States in his confidential note of 14th Oc-^
tober iasr, it Hoes not think that, to accomplish th# object which.
was proposed Hy the said consul, in the name of tlie Anjtrican gov-
ernment, and which was accepted by Mr. Pena y Pena, it is in the
situation (este en el caso) to admit the undersii^ned in the charac-
ter with which he comes invested, of envoy extraordinary and min-
ister plenipotentiary resident in the repubiic, and that, to sustain,
this relusal, Mr Pt-na y Pena will briefly expose to the undersicn-
ed the reasons which have governed his »X(ellency the president.
Your excellency then proceeds to say, that the proposition in ques-
tion was spontaneously made by the government of the United
States, and accepted by that of Mexico, to give a new proof that
even in the midst of its injuries, and of its tirm determination to
exact adequate reparation for them, it neither repelled nor under-
valued the measure of reason and peace to which it was invited, so
that the proposition, as well as its acceptance, turned upon the
precise and positive supposition that the commissioner should be
ad hoc; that is to say, to arrange in a peacelul anrt decorous man-
ner ihe questions of Texas. This has not been done, since the un-
dersigned does not come. in that capacity, but in the absolute and
geneial capacity of envoy extraordinnry and minister plenipotenti-
ary, to reside in that quality near the Mexican government Ttiat
if the uiHlersiji;ned be admitted in tiiis character, which diff»rs es-
sentially from that which was proposed for his mi>sion on the part
United States, and which was accepted by the Mexican govern-
ment, it would give room to believe that the relations of the two
republics became at once open and free; which could not take
place, without the questions, which had brought about the st;ite of
interruption which now exists, were previously terminated peace-
ably, but in a decorous manner lor Mexico.
If your excellency had not himself conducted the preliminary
and informal negotiations with the consul of the United *^tates, of
which the preceding version is given by 1 im; if the letter of the
consul had not been addressed to, and answered by your excellencyj
the undersigned would be constrained to believe that your excel-
lency had derived liis knowledge of it from some unauthentic source..
But, as this is not the case, the undersigned trusts that your excel-
lency will pardon him if he suggests the doubt whether your excel-
lency — constantly, occupied, as he must for some time past have
been, by the disturbed state of the internal affairs of the republic —
has reperused the letter of the consul of October 13, and the answer
of your excellency of October I5, with that scrupulous attention
which the gravity of the case demanded; and whether the lapse of
time has not left on the mind of your excellency but a vague and
incorrect impression of what rea:ly occured. Another solution^
however, of this difficulty suggests itself lo the undersigned, and he
shall be mos>t happy to find that it is the correct one. Your excel-
lency refers to his answer to the consul as being dated on the 14th
October, while tht- letter of your excellency, now in possession of
the consul, is dated on the loth October, as the undersigned has
had occasion to verify by personal inspection; and he repeats, that
Ex. Doc. No. 60. 43
he will learn with the greatest satisfaction that his present peculiar
and most embarra-^sing position is the result of unintentional error
on the part of the Mexican government.
The undersigned will now proceed, by precise and literal quota-
tation from the letter of the consul of October 13, to show, in the
most conclusive manner, that the government of the United States
proposed to send to Mexico an envoy intrusted loith full -power to
adjust all the questions in dispute between the two powers; and that
the Mexican government, through your excellency, in the letter of
October 15, declared itself disposed to receive the commissioner of
the United States, who might come to this capital with full powers
to settle those disputes in a peaceable, reasonable, and honorable man-
ner. The consul, in his letter of October 13, said that, in a confi-
dential interview with your excellency, which took place on the
11th October, he had the honor to inform your excellency that he
(the consul) had received a communication from the Secretary of
State of the United States; and having, in that interview, made
known to your excellency the substance of said eommuniciition,
your excellency, having heard and considered with due attention the
/Statement read from the said communicatif n, stated that, as the di-
plomatic relations between the two governments had been, and still
■weresuspended,lhe interview should have no other character than that
of a confidential meeting; to which he (the consul) assented, con-
sidering it only in that light. That your excellency then requested
that he (the consul) might, in the same confidential manner, com-
municate in writing what had thus been made known verbally; that,
in conformity with that request, he transcribed that part of the
communication of the Secretary of State of the United States, which
was in the following words: "At the time of the suspension of the
diplomatic relations between the two countries, General Almonte
was assured of the desire felt by the President to adjust amicably
every cause of complaint between the governments, and to culti-
vate'the kindest and most friendly relations between the sister
republics. He still continues to be animated by the same senti-
ments. He de^res that all existing differences should be termina-
ted amicably by negotiation, and not by the sword. Actuated by
these sentiments, the President has directed me to instruct you, in
the absence of any diplomatic agent in Mexico, to ascertain from the
Mexiean government whether they would receive an envoy from
the United States, entrusted with full power to adjust all the ques-
tions in dispute between the two governments. Snould the answer
he in the affirmative, such an envoy will be immediately despatched
to Mexico."
Your excellency, under date of October 15, in reply to the con-
sul, said: "I have informed ray government of the private confer-
ence which took place between you and myself on the 11th instant,
and have submitted to it the confidential letter which you, in con-
sequence of, and agreeably to, wnat was then said, addressed to me
yesterday. In answer, I have to say to you, that although the Mex-
ican nation is deeply injured by the United States, through the acts
committed by them in the department of Texas, belonging to this
44 Ex. Doc. No. 60.
nation, my government is disposed to receive the commissioner of
the United States, who may come to this capital with full powers
to settle the present dispute in a peaceable, reasonable, and honor-
able manner; thus giving a new proof, that, even in the midst of its
injuries, and of its firm determination to exact adequate reparation
of them, it does not repel nor undervalue the measure of reason and
peace to which it is invited by its adversary."
" As my government believes this invitation to be made in good
faith, and with the real desire that it may lead to a favorable con-
clusion, it also hopes that the commissioner will be a person en-
dowed with the qualities proper for the attainment of this endj that
his dignity, prudence, and moderation, and the discreetness and
reasonableness of his proposals, will contribute to calm, as much
as possible, the just irritation of the Mexicans; and, in fine, that
the conduct of the commissioner may be such as to persuade them
that they may obtain satisfaction for their injuries through the
means of reason and peace, and without being obliged to resort to-
those of arms and force.
" What my government requires above all things is, that the mis-
sion of the commissioner of the United States should appear to be
always absolutely frank, and free from every sign of menace or
coercion; and thus, Mr. Consul, while making known to your gov-
ernment the disposition on the part of that of Mexico to receive the
commissioner, you should impress upon it, as indispensable, the
recall of the whole naval force now lying in sight of our port of
Vera Cruz. Its presence would degrade Mexico while she is receiv-
ing the commissioner, and would justly subject the United States
to the imputation of contradicting, by acts, the vehement desire of
conciliation, peace, and friendship, which is professed and asserted
by words. I have made known to you Mr. Consul, with the brevity
"which you desired, the disposition of my government; and, in so
doing, I have the satisfaction to assure you of my consideration and
esteem for you personally."
The undersigned Las transcribed the letter of your excellency at
length and verbatim, on account of the discrepancy of dates, to
which he has before adverted, in order that your excellency may
have an opportunity of comparing it with the copy on the files of
his office. Argument and illustration would be superfluous to show
that the off'er of the United States was accepted by your excellency,
without any other condition or restriction than that the whole naval
force, then lying in sight of Vera Cruz, should be recalled. That
condition was promptly complied w.th, and no ship of war of the
United States has since appeared at Vera Cruz, excepting those
which have conveyed thither the undersigned and the secretary of
his legation. Nor is it the intention of his government that any
should appear at Vera Cruz, or any other port of the republic on
the gulf of Mexico, excepting such -only as may be necessary for
the conveyance of despatches.
The undersigned has said that no other condition or restrictioa
"was placed by Mr. Pefia y Pefia upon the acceptance of the propo-
s tion made through the consul, than that of the withdraw^al of the
Ex. Doc. No. 60. 4S
naval force of the United States from Vera Cruz, because he will
not do your excellency the injustice to suppose that any reliance is
placed by your excellency on the mere verbal distinction between
the* terms envoy and commissioner, when the proposition of the
United StateS; and the acceptance of your excellency, alike con-
templated the appointment of a person entrusted with full powers
to settle the questions in dispute. Indeed, your excellency admits
that the title of the diplomatic agent is of no importance, by using
the words commissioner and plenipotentiary ad hoCj as convertible
terms.
Your excellency repeatedly and expressly admits that the Mexi-
can government accepted the proposition of the United States^
made through its consul, to send an envoy to Mexico. That pro-
position was frank, simple,' and unambiguous in its terms. If your
excellency, acting as the organ of the Mexican government, in-
tended to qualify or restrict in any degree the acceptance of the
proposition, such intention should have been manifested in terms
not to be misunderstood; and the undersigned uuhtsitatingly rejects
a supposition, which would be inconsistent with the high respect
which he entertains for Mr. Pefia y Pen?', that vour excellency did
not intend to respond to the proposition in a corresponding spirit
of frankness and good faith.
The answer of your excellency to the consul having been for-
warded by him, the President of the United States promptly com-
plied with the assurance which had been given that an envoy
would be sent to Mexico with full power to adjust all questions in
dispute, by the appointment of the undersigned, thus acting in ac-
cordance with the friendly feeling which prompted the government
of the United States spontaneously (as your excellency correctly
observes) to make peaceful overtures to the Mexican government;
for the consul, in submitting the proposition to your excellency,
said, in conformity with his instructions, that "if the Presiu^^nt of
the United States had been disposed to stand upon a mere qii^.-i:ou
of etiquette, he would have waited until the Mexican govf rjiint at,
which had suspended the diplomatic relations between llitt iwa
countries, should have asked that they might be restored; but his*
desire is so strong to terminate the present unfortunate state of our
relations with this republic, that he has even consented to waive
all ceremony and take the initiative."
The appointment of an envoy extraordinary and minister pleni-
potentiary, the highest grade of diplomatic agent ever employed
by the government of the undersigned, afforded renewed proof, if
any such proof could have been necessary, of the sincere desire of
the President of the United States to terminate the present unfor-
tunate state of their relations with Mexico. What will be his sur-
prise when he is informed that this additional manifestation of his
friendly feeling, invited by your excellency, has been rejected by
the Mexican government with contumely? for, notwithstanding the
protestations of peace and good will with which the rejection of
the undersigned is accompanied, he must be excused if he look to
46 Ex. Doc. No. 60.
the acts rather than the words of the Mexican government as the
true fxpniit-nts of its feelings.
There remains another 'aro;ument on which Mr. de la Pena y Pena
hasfs the refusal to receive the undersigned, w< ich will be brrefly
noticed. Your excellency says th;it although it is true that, in the
}etter of credence of the undersigned, it is said that he is informed
of the desire which the Piesident of the United States has to re-
esfab/isk^ cultivate, and strengthen the friindship and good corres-
pondence of the two countiies, yef neither that clause, and still
less the single word re-establish^ is sufficient to give to the under-
signed the special character of commissioner, or, what is equiva-
lent, (6 bien sea,) of plenipotentiary ad hoc^ to make propositions
on the affairs of Texas, capable of establishing peace and nvoiding
the evils of war, by means of a competent arrangement. Your ex-
cellency is pleased to say, that it will not escape the discernment
(ilustracion) ol the undersigned that the powers of such a plesiipo-
tentiary should be relative, adequate, and confined by their ferras
to the business for which he is nominated, and that the nomination
"which has been made in his person, conferring upon Him the
character of a full and general minister of an ordinary plenipoten-
tiary, to reside near the Mexican government, is very far from
offering those qualities. The undersigned is free to confess that
your excellency has paid an unmerited compliment to his discern-
ment in supposing that this distinction could not have escaped
him; for, by the very terms of his credentials, he is not meieiy an
ordinat) plenipotentiarj , but an envoy extraordinary; and, as such,
he is entrusted with full powers to adjust all the questions in dis-
pute between the two governments; and, as a necessary conse-
quence, the special question of Texas.
It is not usual for a minister to exhibit his powers until he has
been accredited; and, even then, they are not called for until a
treaty is either to be made or concluded, or a particular affair of
importance negotiated. Still, had your excellency thought proper
to intimate a wish to be informed on this subject, the undersigned
•wouM no! have hesitated to furnish him witn a copy of his powers,
by whiih your excellency would have perceived that the under-
signed is, in due form, invested with full and all manner of power
and authority, for and in the name of the United States, to treat
-with tie Mexican republic of and concerning limits and bounda-
ries between the United States of America and the Mexican repub-
lic, and of all matters and subjects connected therewith, and which
may be interesting to the two nations, and to conclude and bign a
treaty or convention touching the premises.
Your txcellency says tl;e supreme government of the republic
cannot admit the undeisigned to the exercise of the mission which
has been conferred upon him by that of the United States; but, as
it has not in any degiee changed the sentiments which your excel-
lency manifested to the consul, in his communication of tlie 14th
of October last, he now repeats them, adding that he will have the
greate-t pleasure in treating with he undersigned, so soon as he
shall present the credentials which would authorize him expressly
Ex. Doc. No. 60. 47
;an<1 solely to settle the questions which have disturbed the harmony
and good intelligence of the two republics, and wiiich will lead
them to war if ihey be not satisfactorily arranged; which settle-
ment was the object of the proposition of the gove;ntneiit of the
United States, and was the express condition of the Mexican gov-
ernment in accepting it; without it, the umlersigned cannot be re-
ceive<l in the capacity in which he presents himself, since it would
compromit the honor, dignity, am) interests of the Mexican repub-
lic. The undersigned concurs lully wi(h your excellency in the
-opinion expressed by him, that the questions which have disturbed
the harm.ony and .good intelligence of the two republics will lead
them to war, if tht-y be not satisfactorily arranged. If this, un-
fortunately, should be the result, the fault will not be wi'h the
United States; the sole responsibility of such a calamity, with all
its constquences, must rest with the Mexican republic.
The undersigned would call the attention of your excellency to
the strange discrepancy between the sentiments expressed in the
clause of his letter last cited, arid the conclusion at which he ar-
rives, that the reception of the undersigned would comprf>mit the
honor, dignity, and interests of the Mexican repub'ie. Your ex-
■cellency says tiiat he will have the greatest pleasure in treating
with the undersigned, so soon as the undersigned shall present cre-
dentials which would authorize him expressly and solely to settle
the questions which have disturbed the haruHjny and good intelli-
gence of the two republics. What are these questions'? The
grievances alleged by hoth governments; and these the undersigned
is fully enjp(*wrred to adjust. Does the Mexican uovernment, after
having formally accepted the proposition of .he United States, ar-
rogate to itself the right of dictating not only the rank and title
•which their diplomatic agent shall bear, but the precise form of
the credentials which he shall be permitted to present, and to trace
out, in advance, the order in which the negotiations are to be con-
ducted? The undersigned, with every disposition to put thf most
favorable construction on the language of your excellency, cannot
but consider it as an absolute and unqualified repudiation of all
•diplomatic intercourse between the two governments. He fears
that the Mexican government does not properly appreciate the
friendly overtures of the United States, who, although anxious to
preserve peace, are still prepared (or war.
Had the undersigned been accredited by the Mexican govern-
ment, it would have been tree to choose the subjects upon which it
"would n^■gotiate, subject, of course, to the discretion of the under-
signed, controlled by his instructions, to treat upon the isolated
tquisuon of Texas; and, should it have been found impossible to
agree upon a basis of negotiation, his mission, which was not in-
tended to be one of mere ceremony, would probably soon have ter-
minated, leaving the relations of the two countries in the state in
"which the undersigned found them. If the unilersiijned had been
admitted to the honor of presenting his credentials to his excellency
the President of the republic, he was instructed to assure his excel-
lency of the earnest desire which the authorities and people of the
48 Ex. Doc. No. 60.
United States entertain to restore those ancieat relations of peace
and good will which formerly existed between the governments
and citizens of the two republics. Circumstances have of late
estranged the sympathies of the Mexican people, which had been
secured towards their brethren of the north by the early and de-
cided stand which the United States had taken and maintained in
favor of the independence of the Spanish American republics on
this continent. The great object of the mission of the undersigned
was to endeavor, by the removal of all mutual causes of complaint
for the past, and of distrust for the future, to revive, confirm, and,
if possible, to strengthen those sympathies. The interests of Mex-
ico and of the United States are, if well understood, identical, and
the most ardent wish of the latter has been to see Mexico elevated,
under a free, stable, and republican government, to a distinguished
rank among the nations of the eartji. Such are the views of the
government of the undersigned, and such was the spirit in which
he was directed to act. As for the undersigned, while it was made
his duty to manifest this feeling in all his official relations with the
government of Mexico, it would have been to him, individually, a
source of great gratification to have contributed, by every means
in his power, to the restoration of those sentiments of cordial
friendship which should characterize the intercourse of neighbor-
ing and sister republics.
The undersigned is not to have the opportunity of carrying these
intentions into effect. Mexico rejects the olive branch which has
been so frankly extended to hfr, and it is not the province of the
undersigned to criticise the motives and comment upon the influ-
ences, foreign or domestic, which have induced her to pursue this
course, or to speculate upon the consequences to which it may lead.
For a contingency so unexpected and unprecedented, no foresight
could have provided; and the undersigned consequently finds him-
self without instructions to guide him in his very delicate and sin-
gular position. He shrinks from taking upon himself the fearful
responsibility of acting in a matter that involves interests so mo-
mtntous. and, as no motive can exist for protracting his stay in this
capital, he will proceed in a few days to Jalapa, where he can com-
municate more speedily with his government, and there await its
final instructions.
The undersigned received with the communication of your ex-
cellency a sealed letter, directed to the Secretary of State of the
United States, with a request that it might be forwarded to its ad-
dress. He regrets that he cannot comply with this request. The
letter iiom the Secretary of State to your excellency, of which the
\indersigned was the bearer, was unsealed, and he cannot consent
to be made the medium of conveying to his government any official
document from that of Mexico while he is ignorant of its contents.
If Mr. Pena y PeuA will favor the undersigned with a copy of his
letter to the Secretary of State, the undersigned will be happy to
forward the original with his first despatches.
Ex. Doc. No. 60. 49
He lakes this occasion to tender to his excellency D. Manuel de
la Pena y Pena the renewed assurances of his distinguished con-
sideration.
JOHN SLIDELL.
His Excellency Manuel de la Pena y Pena,
Minister of Foreign Relations and Government.
No. 8.
Mr. Slidell to Mr. Buchanan.
[Extracts.]
Legation of the United States of America,
MexicOj January 14, 1846.
Lieutenant White, of the Somers, arrived her on the 12th instant
with your despatches, of the 17th ultimo. I had the honor of ad-
dressing you on the 27th and 29th ultimo by the Porpoise. I for-
ward with this duplicate of my despatch of 10th instant, relating
to the disputed payment of instalments of indemnity due 30th
April and 30th July, 1844.
The contest between the military and the government terminated
as I had expected. On the night of the 29ih December the greater
portion of the troops .in garrison here " pronounced'''' in favor of
the revolutionists; one regiment only, that stationed in the palace,
preserved a semblance of fidelity, but it was well known that many
of its officers were disaffected, and on the following day General
Herrera, satisfied that he could make no effectual resistence, re-
signed the Presidency. The ringing of bells and firing of cannon
announced the success of the revolutionists and the overthrow of
the government. When it is recollected that the civil authorities
throughout the country, with the single exception of St. Luis de
Potosij were opposed to the movement of Paredes; that most of
them had made loud protestations of their intention to resist it at
all hazards; that both branches of Congress had unanimously de-
clared their abhorrence of his treachery, and denounced his ^[plan^^
as an undisguised military despotism; and that, after all this war
of manifestoes and resolutions, not a shot has been fired in defence
of constitutional government, you may form some idea * *
On the resignation of Herrera, General Valencia, one of the revo-
lutionists, who, as president of the council of government, by the then
existing constitution, became President ad interim of the republic,
assumed to act in that capacity * * * He invited
Paredes to a conference in the city, which was declined. In the
meantime the troops here, whom he had instigated to revolt, de-
clared their preference for Paredes. He, then, with Almonte,
Tornel, and other leaders of the revolution, proceeded to the head-
quarters of Paredes, where they were given by him to understand
4
50 Ex. Doc. No. 60.
that, having the army in his favor, he intended to organize a new
government in his own way. * * * * #
On the 2d January Paredes entered the capital with his troops,
those already stationed here joining his triumphal march. On the
same day, a junta of military officers, convened by him, met and
established a plan of provisional government, to be administered
by a President elected by a body composed of two notables from
each department. These notables, nominated by Parades, met on
the following evening, and, as you may readily imagine, unani-
mously elected him President, and, on the 4th instant, he took the
oath of office. By the plan of the junta of officers, a constituent
Congress was to be convened, with unlimited powers, for the esta-
blishment of a new government, the mode of election to be an-
nounced within eight days. Before the expiration of the eight
days, the President issued a proclamation, stating that the details
of the organization of the constituent Congress could not be pre-
pared within the limited period, but that they would be promul-
gated as soon as possible. The proclamation is filled with protes-
tations of liberal principles, and of the determination of its author
to retire from public affairs so soon as the organization of the new^
government will permit him to do so. The papers which I have
sent you present the details, into which I do not consider it neces-
sary. to enter, because no safe inference can be drawn, from any of
the published declarations of Paredes, as to his real intentions.
He had given the most earnest assurances of his fidelity to Herrera,
and, after he raised the standard of revolt, had repeatedly, and in
the most solemn manner, declared his fixed intention not to occupy
any place in the government; but all his movements indicate that
his purpose, for several months past, has been to place himself at
the head of affairs without control or limitation. He had success-
fully cajoled the leaders of the revolution into an opposite belief,
and now finds himself strong enough, for the moment at least, to
act without them. They looked upon him as an instrument, and
find him a master. It is thought by many of the best informed
persons here, that the revolution was gotten up chiefly by the
friends of Santa Anna, who are still numerous and influential, and
that, had they not been outwitted by Paredes, the way would soon
have been prepared for his return from exile and restoration to
power.
Paredes has formed a cabinet composed of General Almonte, as
Minister of War; Messrs. Castillo y Lanzas, of Foreign Relations;
Parres, of Hacienda, and Becerra, of Justice, &c. With the ex-
ception of Almonte, they have not hitherto occupied any very
prominent position in public affairs. Mr. Castillo y Lanzas was,
some years since, charge d'affaires at Washington. He is an intel-
ligent and well educated gentleman, and were he permitted to ex-
ercise any control, would, as I have reason to know from free con-
versations with him at a time when he had no idea of being ap-
pointed to his present place, be decidedly favorable to an amica-
ble adjustment of all questions pending between the two govern-
ments. * # # * * *
Ex. Doc. No. 60. 51
I will not hazard any conjecture as to the probable duration of
the power of Paredes. In his recent movements he has manifested
tact and energy. While exercising dictatorial power, he has ab-
stained from all ostentatious display — he has not established him-
self in the national palace, where the Presidents have always re-
sided — he moves about unattended. * # * The
civil authorities throughout the country have generally acquiesced
in the new state of things, but they will be prepared to throw off
the yoke, if they can secure the co-operation of a portion of the
troops. Arista, who commands on the frontier of Texas, is the
only general now openly opposed to Paredes. His command has been
transferred to General de la Vega. * * * * g^^
the greatest difficulty with which Paredes has to contend is in the
state of the finances. Indeed, I do not see where means can pos-
sibly be found to carry on the government. The annual expense
of the army alone exceeds twenty-one millions of dollars, while
the entire net revenue is not more than ten to twelve millions.
The amount of the public debt cannot be ascertained with any de-
gree of precision; but it does not fall much, if at all, short of one
hundred and fifty millions. On a small portion of it partial pay-
ments of interest are occasionally made; frr the balance no provi-
sion whatever is thought of. The best index of the state of Mexi-
can credit is the price of a class of securities, on which the inte-
rest, at the rate of 6 per cent, per annum, had until recently been
paid with some degree of regularity, and for which a part of the
import duties, supposed to be sufficient, had been specially hypo-
thecated. They are now nominally at 25 per cent., but if offered
in any quantity would not command 20 cents on the dollar. While
there is a prospect of war with the United States, no capitalist
will loan money at any rate, however onerous. Every branch of
the revenue is already pledged in advance. The troops must be
paid or they will revolt, and any attempt to reduce the military
establishment would probably be attended with the same result.
******
You will be surprised at the prolongation of my stay in the cap-
ital. During the progress of the revolution the roads were in-
fested by robbers, and scarcely a diligence passed on that to Vera
Cruz without being plundered. Immediately after the entry of
Paredes, I applied verbally, through our consul, to the commandant
general for an escort to Jalapa, but was informed that there were
"no disposable troops on the road. Mr. Castillo took possession of
the department of foreign affairs on the 6th instant, when Mr.
Black, at my request, addressed him a written application for an
escort. Mr. Castillo, on the 8th instant, replied that public order
not having been yet completely restored, the force necessary for
the escort could not be spared, but that it would be given when the
state of political affairs would permit it, of which the consul
should have timely notice. I send copies of these notes, (Nos. 1
and 2.) Nothing has since been heard on this subject. * * * *
I shall not be surprised to receive, in a day or two, notice of the
escort being at my disposition. When received, I shall proceed,
52 Ex. Doc. No. 60.
without delay, to Jalapa. If there be any disposition on the part
of those now in power to reconsider the decision of their prede-
cessors, I feel satisfied that my absence from the capital will tend
rather to accelerate than to retard its manifestation. I learn from
good authority that my notes to Mr. Pena y Pena have been sub-
mitted to the council of governmentj but have not yet been con-
sidered.
I send the letter of Mr. Pena y Peiia, addressed to you, which,
being sealed, I declined forwarding until furnished with a copy.
I have taken the liberty of breaking the seal. You will find the
letter to be a brief summary of his note to me of 20th December.
P. S. — 15th January. Mr. Black has received from Mr. Cas-
tillo notice that an escort will be furnished when required by me.
I shall leave on the I7th instant, accompanied by Mr. Parrott.
[Enclosure No. 1. — Translation.]
Mr. Pena y Pena to Mr. Buchanan.
National Palace,
Mexico^ December 20, 1845.
The undersigned, minister of foreign relations of the Mexican
republic, has the honor, in answer to the note which the honorable
Secretary of State of the United States did him the honor to ad-
dress to him, under date of the 10th of November last, making
known to him the diplomatic mission with which his excellency
the President of the said States had intrusted Mr. John Slidell,
near the government of this republic, to say, that, as the proposi-
tion made to this government by the A^nerican consul on the 13th
of October last, that it should hear the propositions which the gov-
ernment of the United States might make for terminating the dif-
ferences unhappily subsisting between the two republics, was ac-
cepted with the express condition that the person charged to make
those propositions should come invested with powers ad hoc for
that purpose; and, as those which have been conferred upon Mr.
Slidell give him the character of envoy extraordinary and minister
plenipotentiary, to reside in the republic, he cannot be admitted
by this government to perform his mission, inasmuch as, in the ac-
tual state of interruption of the relations between Mexico and the •
United States, it was necessary, before the reception of a minister
of that class, that the questions which have arisen from the events
in Texas should have been settled definitively, in a conciliatory
and honorable manner; to this object, solely and exclusively,
should the mission of Mr. Slidell have been directed; and under
thi« supposition, as distinctly stated, the government of the under-
signed was ready to receive him.
In the note this day addressed to that gentleman, are explained
the reasons on which this refusal is based; and it is also declared
that no variation has taken place in the sentiments expressed by
Ex. Doc. No. 60. 53
the undersigned to the consul of the United States in his confiden-
tial note of the 14th of October last; on the contrary, those senti-
ments are repeated; and he would have the utmost satisfaction in
treating with Mr. Slidell, so soon as he should have presented cre-
dentials which authorize him exclusively to settle the differences
existing between the two countries. If this object could be at-
tained, there would be no inconvenience then in receiving him in
the character of minister resident near the government of the un-
dersigned.
In addressing the present note to the Secretary of State of the
United States, the undersigned, having no doubt that the just mo-
tives which determine his excellency the president not to receive
Mr. Slidell in the character in which he presents himself will be
properly appreciated, seizes this occasion to offer the assurances of
his distinguished consideration.
MANUEL DE LA PENA Y PENA.
Hon. James Buchanan,
Secretary of State of the United States.
No. 9.
Mr. Buchanan to Mr. Slidell.
[Extract.]
Department of State,
Washington, January 20, 1846.
I have the honor to transmit, herewith, your commission as en-
voy extraordinary and minister plenipotentiary of the United
States of America to the Mexican republic, under the appointment
made by the President, by and with the advice and consent of the
Senate.
Your despatches Nos. 2 and 3, under date, respectively, the 30th
November and 17th December, have been received; and I shall
await the arrival of others by the "Porpoise" with much solici-
tude. Should ihe Mexican government, by finally refusing to re-
ceive you, consummate the act of folly and bad faith of which
they have affoided such strong indications, nothing will then re-
main for this government but to take the redress of the wrongs of
its citizens into its own hands.
In the event of such a refusal, the course which you have deter-
mined to pursue is the proper one. You ought, in your own lan-
guage, so to conduct yourself as to throw the whole odium of the
failure of the negotiation upon the Mexican government; point
out, in the most temperate manner, the immediate consequences of
so unheard of a violation of all the usages which govern the inter-
course between civilized nations; and declare your intention to re-
main in Mexico until you can receive instructions adapted to the
exigencies of the case. This sojourn will afford you an honorable
opportunity to watch the course of events, and avail yourself of
54 Ex. Doc. No. 60.
any favorable circumstances which, in the meantime, may occur.
Should a revolution have taken place before the 1st of January, the
day appointed for the meeting of Congress, (an event which you
deemed probable,) or should a change of ministry have been effect-
ed, which you considered almost certain, this delay will enable
you to ascertain the views and wishes of the new government or
administration. The desire of the President is, that you should
conduct yourself with such wisdom and firmness in the crisis, that
the voice of the American people rhall be unanimous in favor of
redressing the wrongs of our much injured and long suffering
claimants.
It would seem to be the desire of the Mexican government to
evade the redress of the real injuries of our citizens, by confining
the negotiation to the adjustment of a pecuniary indemnity for its
imaginary rights over Texas. This cannot be tolerated. The two
subjects must proceed hand in hand; they can never be separated.
It is evidently with the view of thus limiting the negotiation that
the Mexican authorities have been quibbling about the mere form
of your credentials, without ever asking whether you had instruc-
tions and full powers to adjust the Texan boundary. The advice
of the council of government seems to have been dictated by the
same spirit. They do not advise the Mexican government to refuse
to receive you; but, assuming the fact that the government had
agreed to receive a plenipotentiary to treat upon the subject of
Texas alone, they infer that it is not bound to receive an envoy ex-
traordinary and minister plenipotentiary without this limitation.
In the meantime, the President, in anticipation of the final refus-
al of the Mexican government to receive you, has ordered the army
of Texas to advance and take position on the left bank of the Rio
Grande; and has directed that a strong fleet shall be immediately
assembled in the gulf of Mexico. He will thus be prepared to act
•with vigor and promptitude, the moment that Congress shall give
him the authority.
This despatch will not be transmitted to you by the "Mississip-
pi." That vessel will be detained at Pensacola for the purpose of
conveying to you instructions, with the least possible delay, after
-we shall have heard from you by the "Porpoise," and of bringing
you home, in case this shall become necessary.
No. 10.
Mr. Buchanan to Mr. Slidell.
[Extracts.]
Department of State,
Washington, January 28, 1846.
Your despatches, dated the 27th and 29th December last, (erro-
neously numbered 2 and 3, instead of 3 and 4,) were received at
this department on the 23d instant.
Ex. Doc. No. 60. 55
After a careful and critical examination of their contents, the
President entirely approves your conduct. The exposure, con-
tained in your reply to the Mexican minister for foreign affairs, of
the evasions and subterfuges of his government in excuse of their
refusal to recognise you as envoy extraordinary and minister pleni-
potentiary of the United States, is so complete as to leave nothing
for me to add upon the subject. It is now, however, morally cer-
tain that the insurrection of Paredes has proved successful, and that
a new administration of some kind or other at this moment controls
that unfortunate country.
The question arises, therefore, what course you should pursue in
this contingency. In my despatch of the 20th instant, I have al-
ready anticipated nearly all that it is necessary to say in answer to
this question. The President is sincerely desirous to preserve
peace with Mexico, Both inclination and policy dictate this
course. Should the Mexican government, however, finally refuse
to receive you, the cup of forbearance will then have been ex-
hausted. Nothing can remain but to take the redress of the inju-
ries to our citizens, and the insults to oar government, into our
own hands. In view of this serious alternative, every honorable
effort should be made before a final rupture. You should wait pa-
tiently for a final decision on the question of your reception, unless
it should be unreasonably protracted, or you should clearly dis-
cover that they are trifling with this government. It is impossible
for any person not upon the spot and conversant with the motives
and movements of the revolutionary government now most pro-
bably existing in Mexico, to give you precise instructions how long
your forbearance ought to continue. Much must necessarily be
left to your own discretion. In general terms, I may say that you
should take care to act with such prudence and firmness that it may
appear manifest to the people of the United States, and to the
world, that a rupture could not be honorably avoided. After this,
should the Mexican governmeHt finally refuse to receive you, then
demand passports from the proper authority, and return to the
United States. It will then become the duty of the President to
submit the whole case to Congress, and call upon the nation to as-
sert its just rights, and avenge its injured honor.
In conclusion, there is one portion of your despatch of the 27th
ultimo on which I shall make a single remark. You seem to con-
sider it indispensable, before the commencement of any negotia-
tion with the Mexican government, that there should be an unqua-
lified retraction of the note of Mr. Pena y Pena to you of the 20th
ultimo. This might be a necessary preliminary, if there had been
no change of government. But in the present probable condition
of affairs, under a new and entirely distinct government, and not
merely a change of administration, such a retraction, however de-
sirable, ought not to interpose an insuperable obstacle to nego-
tiation.
56 Ex. Doc. No. 60.
No. 11.
Mr. Slidell to Mr. Buchanan.
[Extracts.]
Legation of the United States of America,
Jalapttj February 6, 1846.
I reached this place on the 20th ultimo. Since my despatch of
the 14th ultimo, nothing has occurred to indicate the course likely
to be taken by the existing government as to my receptionj but I
think that it will mainly be controlled by the aspect of the Ore-
gon question. Should our difficulties with Great Britain continue
to present a prospect of war with that power, there will be bat a
very faint hope of a change of policy here.
I send you a copy of a communication of Mr. Pena y Pefia to
the council of government, made on the 11th December, inviting
an expression of the opinion of the council on the subject of my
recognition, and suggesting his reasons why 'it should be refused.
This document presents, in the most glaring light, the bad faith of
the late government; and, in connexion vv'ith the statement of Con-
sul Black, accompanying my despatch of 17th December, shows in
the most conclusive manner that, from the moment my arrival was
announced, it Lad determined to avail itself of any pretence, how-
ever frivolous, to refuse a reception, in the hope that, by thus de-
priving its opponents of their chief theme of reproach and agi-
tation, the impending blow would be averted. Mr. Pena y Peila,
after stating to the council substantially the same objections to my
credentials as are embodied in his note to me of 20th December,
gives, as an additional and conclusive reason for their insufficiency,
the fact of my appointment not having been confirmed by the
Senate.
The anxiously expected convocatoria, or edict, of Paredes, call-
ing together the constituent congress, and establishing the mode
of its election, was promulgated on the 27th ultimo. It is, per-
haps, the most singular instrument of the kind that has ever ap-
peared; but its tendency could easily have been anticipated, as it
was known that its preparation was allotted to Lucas Alaman,who
has long been the avowed advocate of monarchical principles.
The electoral machinery is extremely complicated, and has evi-
dently been framed that its complexity might, to a certain extent,
conceal the purpose which it is intended to effect. Ditferent
classes are to be represented, each class having a distinct constitu-
ency, with widely varying qualifications for the right of suffrage.
The assembly has unlimited powers to form a constitution, which
is to take effect without any appeal to the people or the depart-
ments. It is to consist of one hundred and sixty members, one
hundred of whom are to be chosen by land owners, merchants,
manufacturers, proprietors of mines, and members of certain pro-
Ex. Doc. No. 60. 57
fessions. The remaining sixty members are to be chosen by the
judiciary, administrative officers, the clergy, and the military. The
constituent body will be extremely limited; the payment of a very
bio-h rate of direct contribution being required for the exercise of
the right of suffrage, and still higher rates are established for the
qualifications of the members of the assembly. It will give to
Parades the power of returning a very large majority of members,
prepared to do anything which he may dictate. The congress is to
meet four months from the date of the convocatoria; nine months
are allowed to form the new constitution. During this interval of
thirteen months, he will, of course, continue to exercise uncon-
trolled power; unless, in the meantime, some discontented generals
succeed in making a counter-revolution. This can only be avoided
by punctual payment of the army, and by carefully abstaining from
the concentration of any large force out of the capital.
Since the accession of Parades, no payments have b^en made,
exceptino- to the troops; none of the civil employees have received
any parfof their salaries; and, as I mentioned in a previous des-
patch, the expenses of the army, alone, greatly exceed the entire
revenue of the country. How this financial difficulty can be over-
come, is a problem not easily solved. It is generally understood
that the current disbursements have been met by the voluntary
contributions of the clergy; but this is a resource which must soon
be exhausted. Loans from domestic or foreign capitalists, in the
present state of affairs, are out of the question. The only expe-
dient yet resorted to for the increase of the revenue, has been the
permission to introduce raw cotton at the rate of ten dollars per
quintal, payable in advance at the moment of receiving the permit.
Much reliance has been placed upon this measure; but, by late
letters from Mexico, I learn that permits had been taken out only
for two thousand quintals.
* * * * * *
By the plan of provisional government of the 3d of January, it
was solemnly declared, that it should be administered in conformity
with existing laws; but an exception was made in favor of such
measures as might be necessary " to preserve the integrity of the
territory;" and, by the decree for the admission of cotton, all
moneys received for the cotton licenses are to be devoted to this
object. This clause (allowing the exercise of extraordinary
powers for the preservation of the integrity of the territory) will
be appealed to in justification of any proceedings, however des-
potic, which Parades may find it expedient to adopt. The mask
of liberal principles has, indeed, been already thrown off. An ar-
bitrary edict, issued by Santa Anna in 1839, abolishing the liberty
of the press, was revived simultaneously with the promulgation of the
convocatoria, and is evidently intended to silence all criticism of its
provisions. Offending editors are to be sent, without trial, to the for-
tresses of San Juan de Ulloa and Acapulco. The feeling of the
small portion of the population who have any opinions on political
subjects, is almost universally opposed to the convocatoria; but,
as few are disposed to incur any risk in announcing or sustaining
58 Ex. Doc. No. 60.
their principles, and there are no means of producing anything
like concert of action, there is little chance of any resistance to
the usurpation of Paredes, unless some of the troops should '•'•pro^
nounce^^ against him. This may well happen; for although the
disaflfection to Herrera was very general in the army, many of the
officers were not well disposed towards Paredes. Some of the re-
giments where this feeling was supposed to exist have been re-
moved from the capital, and great dissatisfaction is said to hare
been manifested by them.
For some time past rumors have been rife of the establishment
of a monarchy, in the person of a foreign prince. Such an idea is
undoubtedly entertained by some of the clergy, and a few other
persons of note in the city of Mexico; but it receives little coun-
tenance in the army, where almost every general indulges aspira-
tions for the presidency, and is universally repudiated in the de-
partments^ Paredes unquestionably wishes to establish a despotic
government; but it is equally certain that he intends to place him-
self at its head. His power is now established (for the time at
least) throughout the country, Arista having surrendered his com-
mand; but the submission of the civil authorities generally is sullen
and unwilling, and can only be maintained by military force.
Yucatan is of course excepted from this remark. She has declared
her absolute separation; and, as she has heretofore successfully re-
sisted all the force that Santa Anna could direct against her, with
resources infinitely superior to any which the existing government
can command, she cannot now fail to maintain her independence.
The minister of foreign aflfairs has acknowledged the reception
of Mr. Black's communication, notifying the revocation of the
powers of Mr. Emilio Voss. I send a copy of his note. No. 3.
*******
P. S. — The mail which has just arrived brings intelligence that
the department of Sinaloa has declared its independence, and that
the garrison of Mazatlan has pronounced against Paredes. This is
an important movement, as Mazatlan is one of the ports that con-
tribute most largely to the revenue, its receipts being inferior only
to those of Vera Cruz.
[Enclosure No. 1. — Translation.]
Department of Foreign Relations,
Government, and Police,
Mexico J December 11, 1845.
I have the honor to submit to the council, through the medium
of your excellency, the documents relative to the appointment of
a commissioner of the government of the United States of America
for the peaceable settlement of the questions at issue between the
two republics.
As you will please to observe to the council, the proposition to
Ex. Doc. No. 60. 59
appoint such a commissioner came spontaneously from the Ameri-
can government, which maue it through the medium of its consul
in Mexico; and our government accepted it, with the declaration
that it did so in order to give a new proof that, even in the midst
of its grievances, and of its firm decision to exact adequate repara-
tion, it neither repelled nor contemned the measure of reason and
peace to which it was invited, so that the proposition, as well as
the acceptance, rested upon the exact and definite understanding
that the commissioner should be appointed ad hoc; that is to say,
for the settlement of the questions of Texas in a pacific and honor-
able manner.
As the council will also see, in the last official communications
among the documents submitted, Mr. John Slidell has arrived in
this capital as commissioner of the United States, but it does not
appear that this gentleman has been appointed by his government
as a minister instructed specially (o treat on the questions of Texas,
but with the general and absolute attributes of an envoy extraordi-
nary and minister plenipotentiary and that he is to reside in that
character near the Mexican government^ in the same manner and
almost in the same words used in accrediting Mr. Wilson Shannon,
.as may be seen by reference to the document on that subject here-
with submitted.
From these facts naturally flow the following reflections:
First. The mission of this commissioner has degenerated sub-
stantially from the class proposed on the part of the United States
and accepted by our government.
Secondly. If this commissioner should be received simply in the
character in which he appears, grounds would justly be aff"orded
for the presumption that the relations between us and the United
States remain free and open; a presumption which would be in
reality most erroneous, and at the same time most injurious to the
dignity and interests of Mexico.
Thirdly. Should he be admitted in the character in which he
presents himself, however explicitly we might protest that he was
received only for the purpose of hearing his peaceful propositions
respecting the affairs of Texas, it would always appear to the whole
world that he had been received as and had been a minister pleni-
potentiary residing near the Mexican republic; and it is evident
that this fact might serve to confuse or to diminish the most clear
and direct protests.
Fourthly. The government of Mexico neither could nor ought to
refuse the invitation given to it on the part of the United States to
hear and deliberate upon peaceful propositions respecting Texas.
In adopting this course, which morality requires, prudence coun-
sels, and the most learned and judicious publicists recommend, the
government observed the principle which they lay down as just
and proper: "As the evil of war is terrible, in the same proportion
are nations called on to reserve to themselves the means of termi-
nating it. It is therefore necessary that they should be able to
send ministers to each other, even in the midst of hostilities^ in
order to make propositions for peace, or tending to diminish the
60 Ex. Doc, No. 60.
fury of arms. * * * It may be stated, as a general
maxim, that the minister of an enemy ought always to be admitted
and heard; that is to say, that war alone, and of itself, is not a
sufficient reason for refusing to hear any proposition which an
enemy may offer," &c. But if this doctrine be just and rational,
so also is it just that the fact of a nation's having assented to hear
propositions of peace made to it by its enemy should not serve as
a means of obscuring its rights and silencing, in that way, the de-
mands of its justice. Such would be the case if Mexico, after as-
senting to receive and hear a commissioner of the United States
who should come to make propositions of peace respecting the de-
partment of Texas, should admit a minister of that nation, absolute
and general, a common plenipotentiary to reside near the Mexican
republic.
Fifthly. It is true that in the- communication addressed to our
President by the President of the United States, it is declared that
the commissioner is informed of the sincere desire of the latter to
restore^ cultivate and strengthen friendship and good correspond-
ence between the two countries; but it is clear that neither this
clause, nor still less the single word restore, is sufficient to give to
Mr. Slidell the special character of commissioner to make proposi-
tions respecting Texas, calculated to establish peace firmly, and to
arrest the evils of war by a definitive settlement. The reason of
this is, that the full powers of such a minister should be adequate
to the business for which he is appointed.
Sixthly. The settlement which the United States seek to effect in
order to attain peace and good correspondence with Mexico, which
have been suspended by the occurrences in Texas, is a point neces-
sarily to be determined before any other whatever; and until that
is terminated entirely and peacefully, it will be impossible to ap-
point and admit an American minister to establish his residence
near the government of Mexico.
Seventhly. Moreover, the President of the United States cannot
appoint ambassadors, nor any other public ministers, nor even con-
suls, except with the consent of the Senate. This is fixed by the
second paragraph of the second section, article second, of their na-
tional constitution. But in the credentials exhibited by Mr. Sli-
dell, this requisite, indispensable to give legality to his mission,
does not appear.
Eighthly. Nor could that requisite have appeared, as Mr. Slidell
was appointed by the President on the 10th of November last,
and Congress did not assemble until the first Monday of the present
month of December, agreeably to the second paragraph of the
fourth section, article first, of the same constitution.
JVinthly, and finally. It is a principle most salutary and natural
that he who is about to treat with another has the right to assure
himself, by inquiries, as to the person and the powers of the indi-
vidual with whom he is to enter into negotiation. And this uni-
versal principle of jurisprudence extends also to affairs between
nation and nation. Hence comes the necessity that every minister
Ex. Doc. No. 60. 61
should present his credentials; and hence his examination and
qualification by the government to which he presents himself.
From all these considerations, the supreme government concludes
that Mr. Slidell is not entitled to be admitted, in the case in ques-
tion, as a commissioner of the government of the United States,
with the object of hearing his propositions, and settling upon them
the affairs of Texas; that it will admit the commissioner whenever
he may present himself in compliance with the conditions wanting
in the credentials, as above mentioned; and that this should be the
answer given to him. The supreme government, however, desiring
to fortify its judgment, in a case of so delicate a nature, by the
opinion of its enlightened council, hopes that this body will, with-
out delay, communicate what it considers proper to be done in the
MANUEL DE LA PENA Y PENA.
No. 12.
Mr. Slidell to Mr. Buckanaji.
Legation of the United States ot America,
JalapUy February 17, 1846.
I have the honor to acknowledge the receipt, on this day, of your
despatch No. 5, dated 20th ultimo.
I send, herewith, duplicate of mine, of 6th instant, w^hich will
place you in possession of the present state of affairs in Mexico.
Intelligence has since been received that the authorities of the de-
partments of Nuevo Leon, Tamaulipas, Chihuahua, Michoacan, and
Queretaro, have protested, in strong terms, against the usurpation
of Paredes, and, refusing to continue in the exer^-ise of their func-
tions, have dissolved. The government is evidently losing ground,
and the disaffection w'hich is openly manifested in the northern de-
partments is extending itself in every direction. The civil em-
ployees are still without pay; but, what is vastly more important,
the stipend of the troops in the capital is now seven days in arrear,
and there is not a dollar in the treasury. As the Mexican soldier
supplies his own food, the failure to pay him regularly is a much
more serious matter than in armies where a regular commissariat
provides for his daily subsistence. Appearances justify the belief
that Paredes will not be able to sustain himself until the meeting
of the constituent Congress; that his government will perish from
inanition, if from no other cause.
I may, perhaps, have stated too unqualifiedly my opinion that if
a despotism were established, Paredes intended to place himself at
its head.
I send you a copy of the "Tiempo," a journal lately established;
it is conducted by Lucas Alaman, who is reputed to be the most
confidential adviser of Paredes. It contains the confession of faith
62 Ex. Doc. No. 60.
of the monarchist party, and unreservedly advocates the calling of
a foreign prince to the throne. This might be considered conclu-
sive evidence of the views of Paredes, were it not for the exist-
ence of two other ministerial journals, which are strongly opposed
to a monarchyj one of them, indeed, has decided federal tenden-
cies.
I shall anxiously await your definite instructions by the ''Missis-
sippi." The advance of General Taylor's force to the left bank of
the Rio del Norte, and the strengthening our squadron in the gulf,
are wise measures, which may exercise a salutary influence upon
the course of this government.
I have the honor. &c.,
JOHN SLIDELL.
No. 13.
Mr. Slidell to Mr. Buchanan.
[Extracts.]
Legation of the United States of America,
Jalapa, March 1, 1846.
Sir: I have the honor to acknowledge the receipt, on the 27th
ultimo, of your despatch of the 28ih January, and am highly gratified
to learn that my conduct has been so fully approved by the Presi-
dent and by you.
In conformity with your instructions, I have addressed a note to
the minister of foreign relations, re-submitting the question of my
recognition for final decision. I send you a copy. I have not fixed,
in my note, any precise term for an answer; but I have requested
our consul at Mexico to hand the note, personally, to Mr. Castillo
y Lanzas, and, if he find him disposed to converse upon the sub-
ject, to say to him that I thought it more conciliatory and cour-
teous not to mention it in my official communication, but that, if a
definite and favorable reply were not received by me on the 15th
instant, I should then apply for my passports. This will allow
an entire week for consultation and the preparation of the answer.
Since my despatch of 17th ultimo, an important change has
occurred in the cabinet of Paredes. Almonte has resigned the
Secretaryship of War; his letter of resignation does not assign the
cause, but his friends say that it is on account of his disapproba-
tion of the monarchical tendencies"of Paredes. * *
My note will be presented at the most propitious moment that
could have been selected. All attempts to eflfect a loan have com-
pletely failed. The suspicion of an intention to introduce a foreign
monarch has tended very much to abate the^ clamor against the
United States, and many now begin to look in that direction for
support and protection against European interference.
My letters from Mexico speak confidently of my recognition;
Ex. Doc. No. 60. 63
but there is no safety in reasoning from probabilities or analogies
as to the course of public men in this country. * * *
If, however, I should now be received, I think that my prospects
of successful negotiation will be better than if no obstacles had
been opposed to my recognition in the first instance.
[Eoclosure No. 1.]
Mr. Slidell to Bon J. Castillo y Lanzas.
JalapAj March 1, 1846.
The undersigned, envoy extraordinary and minister plenipoten-
tiary of the United States of America to the Mexican republic,
had the honor, on the eighth day of December last, to address to
his excellency Manuel de la Pena y Peiia, then minister of foreign
relations, a copy of his credentials, with a request that he might
be informed when he would be admitted to present the original to
the President of the Mexican republic. On the 16th December,
the undersigned was informed by Mr. Pena y Pena that difficulties
existed in relation to the tenor of his credentials, which made it
necessary to consult the council of government thereon, and on the
twentieth of the same month, he was advised by Mr. Pena y Pena
that the Mexican government had decided not to recognise him in
his capacity of envoy extraordinary and minister plenipotentiary.
To these communications of the minister of foreign relations the
undersigned replied, under dates of 20th and 24th December,
refuting the reasoning by which the refusal to recognize him was
attempted to be sustained, vindicating the course pursued by his
government, and declaring his intention to proceed to Jalapa, there
to await instructions adapted to an emergency so entirely unlooked
for. He has now received these instructions.
* The President of the United States entirely approves the course
pursued by the undersigned, and the communications by him
addressed to the Mexican government. Had the then existing
government continued in power, as no alternative would have
remained, the undersigned would have been directed to demand his
passports, the President of the United States would have submitted
the whole case to Congress, and called upon the nation to assert
its just rights, and avenge its injured honor.
The destinies of the Mexican republic, however, having since
been committed to other hands, the President is unwilling to take
a course which would inevitably result in war, without making
another effort to avert so great a calamity. He wishes, by exhaust-
ing every honorable means of conciliation, to demonstrate to the
civilized world that, if its peace shall be disturbed, the responsi-
bility must fall upon Mexico alone. He is sincerely desirous to
preserve that peace; but the state of quasi hostility which now
64 Ex. Doc. No. 60.
exists on the part of Mexico is one which is incompatible with t e
dignity and interests of the United States; and it is for the Mex<-aii
government to decide whether it snail give place to friendly nego-
tiation, or lead to an open rupture.
It would be idle to repeat the arguments which the undersigned
had the honor to present in his notes of the 20th and 24th Decem-
ber, above referred to. He has nothing to add to them, but is
instructed again to present them to the consideration of the Presi-
dent ad interim of the Mexican republic, General Mariano Paredes
y Arrillago.
The undersigned begs leave to suggest, most respectfully, to
your excellency, that inasmuch as ample time has been afforded
for the most mature reflection upon the momentous interests
involved in the question of his recognition, as little delay as pos-
sible may occur in notifying him of the final decision of his excel-
lency the President ad interim. He cannot but indulge the hope
that it will be such as to result in the establishment of cordial and
lasting amity between the two republics.
The undersigned avails himself of this opportunity of presenting
to his excellency Don Joaquim Castillo y Lanzas the assurances of
his distinguished consideration.
^ JOHN SLIDELL.
To his Excellency Don Joaquim Castillo y Lanzas,
Minister of Foreign Relations and Government.
Mo. 14.
Mr. Buchanan to Mr. Slidell.
[Extracts.]
Department of State,
Washington^ March 12, 1846.
The duplicate of your despatch No. 6, of the 6th ultimo, and your
despatch No. 7, have been received. In the latter you state that
vou shall anxiously await my definitive instructions by the Mis-
• • • ?5
^''lUs'not deemed necessary to modify the instructions which you
have already received, except in a single particular, and this arises
from the late revolution effected in the government of the Mexican
republic by General Paredes. ^
I am directed by the President to instruct you not to leave that
republic until you shall have made a formal demand to be received
bv the rew government. The government of Paredes came into
existence not by a regular constitutional succession, but in conse-
quence of a military revolution, by which the subsisting constitu-
tional authorities were subverted. It cannot be considered as a
mer- continuance of the government of herrera. On the contrary,
Ex. Doc. No. 60. 65
the form of government has been entirely changed, as well as the
high functionaries at the head of the administration. The two go-
vernments are certainly not so identical that the refusal of the one
to receive you ought to be considered conclusive evidence that
such would be the determination of the other. It would be diffi-
cult, on such a presumption, in regard to so feeble and distracted a
country as Mexico, to satisfy the American- people that all had
l)een done which ought to have been done to avoid the necessity of
resorting to hostilities.
On your return to the United States, energetic measures ao-ainst
Mexico would at once be recommended by the President; and
these might fail to obtain the support of Congress, if it could be
asserted that the existing government had not refused to receive
our minister. It would not be a sufRcient answer to such an alle-
gation that the government of Herrara had refused to receive you,
and that you were therefore justified in leaving the country, after
a short delay, because, in the meantime, the government of Parades
-liad not voluntarily offered to reverse the decision of his prede-
cessor.
The President believes that for the purpose of making this de-
jnand, you ought to return to the city of Mexico, if this be practi-
cable consistently with the national honor. It was prudent for
you to leave it iuring the pendency of the late revolution, but this
xeason no longer continues. Under existing circumstances, your
presence there might be productive of the most beneficial conse-
quences.
The time when you shall ask to be received by the government
of Parades is left to your own discretion. The President thinks
this ought to be done speedily, unless good reasons exist to the
contrary. Your demand ought to be couched in strong but respect-
ful language. It can no longer be resisted on the ridiculous pre-
tence that your appointment has not been confirmed by the Senate.
I transmit you, herewith, a sealed letter from the "President of
the United States, accrediting you in your official character, to Gen-
vcral Parades as President ad interim of the Mexican republic. An-,
open copy of the letter is also enclosed, which you will communi-
cate to the minister for foreign affairs, with a request for him to
Jiame a time for you to present the original to the actino- President
in person.
In regard to the time of your departure from the Mexican repub-
lic, the President is willing to extend your discretion. In the pre-
sent distracted condition of that republic, it is impossible for those
{at a distance to decide as correctly- what ought to be your course
in this particular as you can yourself upon the spot. The intelli-
gence which you have communicated, "that the department of
Sinaloa has declared its independence," " that the garrison of Ma-
zatlan has pronounced against Parades," and "that the authorities
of the departments of Nuevo Leon, Tamaulipas, Chihuahua, Micho-
acan, and Queretaro have protested in strong terms against the
usurpation of Parades, and, refusing to continue in the exercise of
their functions, have dissolved," may well exercise an influence oa
66 Ex. Doc. No. 60.
your decision. Indeed, you suppose that appearances justify the.
belief that Parades will not be able to sustain himself until the
meeting of the constituent congress; that his government will per-
ish from inanition, if from no other cause.
In this critical posture of Mexican affairs, it will be for yourself
to decide the question of the time of your departure according to
events as they may occur. If, after you shall have fulfilled your
instructions, you should indulge a reasonable hope that by con-
tinuing in Mexico you could thus best subserve the interests of
your country, then you ought to remain, provided this can be done
with honor. The President reposes entire confidence in your pa-
triotism and discretion, and knows that no temporary inconveni-
ence to yourself will prevent you from performing your duty. It
may be that, when prepared to take your departure, another revo-
lution might be impending, the result of which would enable you,
by a timely interposition, to accomplish the great objects of your
mission. Besides, in the present distracted condition of Mexico, it is
of importance'that we should have an able and discreet agent in that
country to watch the progress of events, and to communicate infor-
mation on which the department may rely. Jalapa is probably not
go favorable a position for observation as the city of Mexico.
No. 15.
Mr. Slidell to Mr. Buchanan.
[Extracts.]
Legation of the United States of America,
Jalapa^ March 18, 1846.
On the 15th instant I received from the minister of foreign rela-
tions a reply to my communication of the 1st instant, of which you
have already been advised.
It is a peremptory refusal to receive n^e in the capacity of envoy
extraordinary and minister plenipotentiary. I have consequently,
in conformity with your instructions, applied for my passports, and,
so soon as they are received, I shall proceed to Vera Cruz, there to
embark for New Orleans. I send you copies of the note of the
minister of foreign relations, and of my reply.
The state of affairs in this country has not materially varied since
I had the honor of add'ressing you on the 1st instant. The down-
ward course of the Paredes government is continued with accele-
rated speed. I do not think that he can sustain himself until the
period fixed for the meeting of his constituent congress; and I
should not be surprised at his ejection from his usurped power at
a much earlier day. My letters from the capital all concur as to
the extreme precariousness of his tenure of office, and the great
excitement that exists not only there, but throughout the depart-
ments. The apprehension of his intention to introduce an alien
' * ' Ex. Doc. No. m. 67
monarchy has excited the public mind to a degree of which I had
not considered it capable.
I am at a loss whether to ascribe his refusal to receive mdj at a
moment when his position is so critical, to the dread of having the
pretext which he had so successfully used against Herrera employed
against himself, or to a reliance upon foreign intervention. Per-
haps his motive may be a mixed one. *****
As to any changes of rulers in Mexico, I look upon them as a
matter of great indifference. We shall never be able to treat with
her on fair terms until she has been taught to respect us. It cer-
tainly was proper to place us in the strongest, moral position before
our own people and the world, by exhausting every possible means
of conciliation; but here all amicable advances are considered as
indicative either of weakness or treachery. .
The next movement will probably be a "pronunciamento" of the
federal party sustained by a portion of the array. It is said, and
^strange as it may appear) on good authority, that the expelled dic-
tator Santa Anna will be invited to head this liberal movement.
The leading military men are in his favor, and, should he accept
the invitation, he will have little difficulty in putting down Parades.
[Enclosure No. 1. — 'Translation.]
Mr. Castillo y Lanzas to Mr. Slidell.
National Palace, Mexico, March 12, 1846.
The undersigned, minister of foreign relatione and_ goverament
of the republic, has the honor to acknowledge receipt of the note
addressed to him from Jalapa, under date of the 1st instant, by his
excellency John Slidell, appointed minister plenipotentiary and en-
voy extraordinary of the United States of America.
So soon as the said communication was received by the under-
signed, he proceeded to communicate it to his excellency the Pre-
sident ad interim; and* he, after deliberately considering its con-
tents, and maturely meditating upon the business, has seen fit to
order the undersigned to make known to Mr. Slidell, in reply as
he now has the honor of doing, that the Mexican government can-
not receive him as envoy extraordinary and minister plenipotentia-
ry to reside near it.
And here the undersigned might terminate his note, if reasons of
great weight did not convince him of the necessity of makino- somie
reflections in this placej not through fear of the comsequences which
may result from this decisive resolve, but through the respect
which he owes to reason and to justice-
It is true that this warlike display with which the American Union
presents herself — by sea, with her squadrons on both coasts* by
•land, with her invading forcei advancing by the northern frontiers-
68 Ex. Doc. No. 60.
at the same time that, By her minister plenipotentiary, propositions
are made for conciliation and accommodation — would be a suffi-
ciently powerful rccison for not listening to them, so long as all
threatening shall not be withdrawn, even to the slightest appear-
ance of hostility. But even this is waived by the government of
the republic, in order that it may in all frankness and loyalty en-
ter into the discussion, relying solely upon reason and facts. A sim-
ple reference to the truth plainly stated, suffices to show the jus-
tice by which Mexico is upheld in the question now under discus-
sion.
The vehement desire of the government of the United States to
extend its already immense territory, at the expense of that of Mex-
ico, has been manifest for many years; and it is beyond all doubt
that, in regard to Texas at least, this has been their firm and con-
stant determination; for it has Ijeen so declared, categorically and
officially by an authorized representative of the Unian, whose as-
sertion, strange and injurious as was its frankness, has neverthe-
less not be6n belied by. the United States.
Putting out of view, now, all the events to which this marked
intent has given rise through a long series of years — events which
have served not only to prove it more strongly, but also to show
that no means, of whatever kind they may be, were to be spared
for its accomplishment — it is sufficient to attend to what occurred
last year. This is the important part to the present cas€.
Considering the time as having come for carrying into effect the
annexation .of Texas, the United States, in union and by agreement
"with their natural allies and adherents in that territory, concerted
the means for the purpose. The project was introduced into the
American Congress. It was at first frustrated, thanks to the pru-
dential considerations, the circumspection, and the wisdom v/ith
AThich the Senate of the Union then proceeded. Nevertheless, the
project was reproduced in the following session, and was then ap-
proved and sanctioned in the form and terms known to the whole
world.
A fact such as this, or, to speak with greater exactness, so nota-
ble an act of ursurpation, created an imperious necessity that Mex-
ico, for her own honor, should repel it with proper firmness and
dignity. The supreme government had beforehand declared that it
would look upon such an act as a casus belli; and, as & conse-
quence of this declaration, negotiation was by its very nature at an
end, and war was the only resource of the Mexican government.
But before it proceeded to recover its outraged rights, proposi-
tions were addressed to it from tie so called President of the re-
public of Texas, which had for their object to enter into an amica-
ble, accommodation upon the basis of her independence; and the
gorernment agreed to hear them, and consented to receive the com-
missioners who with this view were sent to it from Texas.
Moments so precious were not thrown away by the agents of the
United States in Texas. Availing themselves of the statu quo of
Mexico, they so pi'epared matters and directed affairs, that the al-
ready concerted annexation to the American Union should follow
almost immediately.
Ex. Doc. No. 60. 69
Thus, this incorporation of a territory which had constituted an
integral part of that of Mexico during the' long period of the Span-
ish dominion, and after her emancipation for so long a term, with-
out any interruption whatever, and which moreover had been re-
cognized and sanctioned by the treaty of limits between tne Mex-
ican republic and the United States of America — this annexation
wa's effected by the reprobated means of violence and fraud.
Civilized nations have beheld with amazement, at this enlightened
and refined epoch, a powerful and well consolidated State, avail-
ing itself of the internal dissensions of a neighboring nation, putting
its vigilance to sleep by protestations of friendship, setting in ac-
tion all manner of springs and artifices, alternately plying intrigue
and violence, and seizing a moment to despoil her of a precious
part of her territory, regardless of the incontrovertible rights of
the most unquestionable ownership, and th^ most uninterrupted
possession.
Here, then, is the true position of the Mexican republic: despoiled,
outraged, contemned, it is now attempted to subject her to a humil-
iating degradation. The sentiment of her own dignity will not
allow her to consent to such ignominy.
After the definite and clear explanations rendered to his excel-
lency .Mr. Slidell, in the note of the 20th, December last, referred
to by him, it is not easy to comprehend how the Executive of the
United States should still think it can find reasons for insisting upon
that which was then refused upon grounds the most conclusive.
The consul of the United States in this capital addressed on the
13th of October to the then minister of foreign relations a confi-
dential note, wherein, referring to what he had previously stated to
the minister in an interview of the same character, he says:
'' At the time of the suspension of the diplomatic relations be-
tween the two countries, General Almonte was assured of the desire
felt by the President to adjust amicably every cause of complaint
between the governments, and to cultivate the kindest and most
friendly relations between the sister republics. He still continues
to be animated by the same sentiments. He desires that all exist-
ing differences should be terminated amicably, by negotiation, and
not by the sword.
" Actuated by these sentiments, the President has directed me to
instruct you, in the absence of any diplomatic agent in Mexico, to
ascertain from the Mexican government whether ih^y would receive
an envoy from the United Svates, entrusted with full power to
adjust all the questions in dispute between the two governments.
Should the answer be in the affirmative, such an envoy will be im-
mediately despatched to Mexico."
To this the piinistry now in the charge of tVe undersigned replied
on the 15th of the same month, " that, although the nation is gravely
offended by that of the United States, by reason of the acts com-
mitted by the latter towards the department of Texas, the property
of the former, my government is disposed to receive the commissioner
who may come from the United States to this capital with full
powers from his government to arrange in a pacific, reasonable, and
70 Ex. Doc. No. 60.
decorous manner^ the present controversy; thereby giving a new-
proof that, even in the midst of injuries, and of its firm determina-
tion to exact the adequate reparation, it does not repel nor despise
the part of reason and of peace to which it is invited by its ad-
versary."
From these extracts it is manifest that it was the firm intention
of the Mexican government to admit only a plenipotentiary from
the United States clothed with powers ad hoc — that is to say, spe-
cial powers to treat upon the question of Texas, and upon this
alone, as preliminary to the renewal of friendly relations between
the two countries, if the result should be such as to admit of their
restoration, and then, but not before, of the reception of an envoy
extraordinary and minister plenipotentiary near the same govern-
ment.
Nor could the government of the republic on that occasion ex-
lend its engagement beyond this: for to admit any person sent by
the United States in the character simply of the ordinary agents
between friendly nations, whilst the grave question of Texas was
still pending, directly and immediately affecting, as it does, the in-
tegrity of the Mexican territory, and the very nationality itself,
would be equivalent to an acknowledgment that this question was
at an end, thus prejudging it without even touching it, and to a
recognition that the relations of friendship and harmony between
the two nations were from that moment in fact re-established.
So very simple a truth is this, that the appointment of an envoy
extraordinary and minister plenipotentiary by the Executive of the
United States, and the subsequent ratification of this appointment,
notwithstanding all that was set forth on the subject by tHe gov-
ernment of Mexico, cause this act to appear as an attempt which
the undesigned does not permit himself to qualify.
If good faith presides, as is to be supposed, over the dispositions
of the" government of the United States, what motive could exist
for so anxiously repelling the indispensable restriction with which
Mexico has acceded to the proposal spontaneously made by the
former 1 If it was really and positively desired to tie up again the
bonds of good understanding and friendship between the two nations,
the way was very easy: the Mexican government offered to admit
the plenipotentiary or commissioner who should come clothed with,
special powers to treat upon the question of Texas.
Upon this point the resolve of the Mexican government is immu-
table. And since in the extreme case it is the rights of the Mexican
nation which will have to be affirmed, for it is her honor which has
been outraged, and which will have to be avenged, her government
will, if this necessity arise, call upon all her citizens to fulfil the
sacred duty of defending their country.
A lover of peace, she would wish to ward off this sad contingency;
and without fearing war, she would desire to avoid so great a
calamity for both countries. For this she has offered herself, and
will continue to offer herself, open to all honorable means of con-
ciliation, and she anxiously desires that the present controversy
may terminate in a reasonable and decorous manner.
Ex. Doc. No. 60. 71
In the actual state of things, to say that Mexico iinaintains a posi-
tion of quasi hostility with respect to the United States, is to add a
new offence to her previous injuries. Her attitude is one of de-
fence, because she sees herself unjustly attacked; because a portion
of her territory is occupied by the forces of a nation intent, with-
out any right whatever, to possess itself of it; because her ports are
threatened by the squadrons of the same power. Under such cir-
cumstances, is she to remain inactive, witbpout taking measures suited
to so rigorous an emergency?
It is then not upon Mexico, seeing iier present state, that it de-
Tolves to decide if the issue shall be a friendly negotiation or an
open rupture. It is long since her interests have made this neces-
sary, and her dignity has demanded it; but in the hope of an accom-
modation at once honorable and pacific, she has silenced the clamor
of these imperious exigencies.
It follows that, if war should finally become inevitable, and if in
consequence of this war the peace of the civilized world should be
disturbed, the responsibility will not fall on Mexico. It will all
rest upon the United States; to" them will the whole of it belong.
Not upon Mexico, who, with a generosity unequalled admitted the
American citizens who wished to colonize in Taxes, but upon the
United States, who, bent upon possessing themselves, early or late,
of that territory, encouraged emigration thither with that view, in
order that, in due time, its inhabitants, converting themselves from
/?olonists into its masters, should claim the country as their own,
for the purpose of transferring it to the United States. Not upon
Mexico, who, having in due season protested against so enormous
a transgression, wished to remove all cause for controversy and hos-
tilities, but upon the United States, who, to the scandal of the
world, and in manifest violation of treaties, gave protection and aid
to, those guilty of a rebellion so iniquitous. Not upon Mexico, who,
in the midst even of injuries so great and so repeated, has shown
herself disposed to admit propositions for conciliation, but upon
the United States, who, pretending sincerely to desire a friendly
nnd honorable accommodation, have belied by their acts the sin-
cerity of their words". Finally, not upon Mexico, who, putting out
of view her own dearest interests, through her deference for peace,
has entertained as long as was wished, the propositions which, with
this view, might be made to her, but upon the United States, who,
hy frivolous pretexts, evade the conclusion of such ait arrangement,
proposing peace at the very moment when they are causing their
squadrons and their troops to advance upon the ports and frontiers
of Mexico, exacting a humiliation impossible to be submitted to, in
order to find a pretext, if no reason can be- found, which may occa-
sion the breaking out of hostilities.
It is, therefore, upon the United States, and not upon Mexico,
that it devolves to determine in the alternative presented by Mr.
Slidell-^that is, between a friendly negotiation and an open
rupture.
The undersigned doubts not that he makes his excellency Mr.
Slidell sensible that, in view of what is set forth in the present
72 Ex. Doc. No. 60.
note, the Mexican government trusts that the Executive of the-
United States, in coming to the determination which it shall deem.
proper, will act with the deliberation and mature consideration de-
manded by the exceedingly grave interests involved in this very
ihorny question.
The Mexican government, preparing for war, should circum- «
stances require it, will keep alive its flattering hope that peace
will not be disturbed on the new continent; and in making this
declaration in the face of the world, it emphatically disclaims all
responsibility for the evils which may attend a struggle which it
has not provoked, and which it has made every effort to avoid.
In communicating all this (by order of his government) to his
excellency John Slidell, the undersigned avails himself of the op-
portunity to offer to him the assurance of his very distinguished
consideration.
J. M. DE CASTILLO Y LANZAS.
His Excellency John Slidell.
[Enclosure No. 2.]
Mr. Slidell to Mr. Castillo.
Jalapa, March 17, 1846.
The undersigned, envoy extraordinary and minister plenipoten-
tiary of the LTnited States of Amerrca, has the honor to acknowl-
edge the receipt of the note of your excellency of the 12th instant^
by which he is informed that the Mexican government cannot re-
ceive him in his capacity of envoy extraordinary and minister
plenipotentiary, to reside near that government.
As it is the intention of the undersigned, in conformity with his
instructions, to return to the United States with the least possible
delay, embarking at Vera Cruz, he has now to request that he may-
be furnished with the necessary passports, which he will await at
this place.
As your excellency has advanced no new arguments in support
of the refusal to receive the undersigned as envoy extraordinary
and minister plenipotentiary, he will abstain from commenting
upon that portion of the note of your excellency which, with a
mere difference of phraseology, presents substantially the same rea-
soning as that urged by Mr. Pefia y Pefia in his note of the 20th.
December last; but he cannot permit, by his sileme, the inference
which would naturally be implied, of his assent to the correctness
Df the statements made by your excellency in relation to the ques-
tion of Texas, and to the general course of policy which is so
gratuitously ascribed to the government of the United States. la
the review of these statements, which it becomes his duty to make,
he will strive to preserve that calmness of tone and reserve of lan-
guage which is most Consistent with the consciousness of right, and
the power to vindicate it, if necessary, and of which he regrets to
Ex. Doc. No. 60. 73
find that your excellency has not given him the example. The
United States can confidently appeal to the history of the events
of the last twenty years as affording the most conclusive refutation
of the charges of usurpation, violence, fraud, artifice, intrigue, and
bad faith, so lavishly scattered through the note of your excel-
lency.
It has never been pretended th^t the scheme of colonization of
the territory of Texas, by citizens of the United States, was sug-
gested by their government. It was in conformity with a policy
deliberately adopted by that of Mexico, and she must accus'e her-
self alone for results which the slightest foresight must have anti-
cipated, from the introduction of a population whose character,
habits, and opinions were so widely divergent from those of the
people with whom it was attempted to amalgamate them. There is
no ground for the assertion that " the United States, profiting by
the generosity with which their citizens had been invited to Texas^
and resolved, sooner or later, to take possession of that territory,
encouraged emigration thither, with the view that its inhabitants,
changing the character of colonists for that of masters, should
seize upon the territory for the purpose of transferring it to the
United States." It is true that no obstacles to this emigration
were interposed by them, for it has ever been one of the most
cherished articles of the political creed of the American people,
that every citizen has the absolute and uncontrollable right to
divest himself of his allegiance, and to seek, if he think proper, the
advancement of his fortunes in foreign lands. Stimulated by the
gratuitous allotment of lands to emigrants, and by the similarity,
approaching, with the exception of religious tolerance, almost to
identity, of the political institutions of the Mexican republic to
those under wh'ch they had been reared, the population of Texas
soon attained a developement that authorized the demand of a
privilege which had been solemnly guarantied to them by the con-
stitution of 1824 — admission into the Mexican union as a separate
State. A convention was held, and a State constitution formed, in
conformity with the provisions of the fundamental compact of
1824. It was presented to the general congress, with a petition to
be admitted into the union; the application was rejected, and the
delegate imprisoned. Soon after, the constitutional congress of
Mexico was dissolved by military force; the same arbitrary power
convened a new congress, by which the federal constitution was
abrogated, and a consolidated or central government established in
it§ stead. Texas, as she had an unquestionable right to do, refused
to acknowledge the authority of a government which had been im-
posed upon the other States by a successful military usurpation.
The compact which had bound her to the Mexican republic was
dissolved; and, an abortive effort having been made to reduce her
to subjection, she, on the 3d of March, 1836, declared herself an
independent republic, and nobly sustained that declaration on the
battle field of San Jacinto, by the complete defeat and destruction
of a numerous and well appointed army, commanded by the presi-
dent of the Mexican republic in person. She then demanded the
74 , ' Ex. Doc. No. 60.
recognition of her independence, and asked to be annexed to the
United States. The language of President Jackson, in a commu-
nication by him addressed to Congress on the subject, affords a
striking illustration of the good faith and forbearance towards
Mexico which has ever characterized the conduct of the United
States. He advised that no change should be made in the attitude
of the United States, " if not until Mexico herself, or one of the
great foreign powers, should recognise the independence of the
new government, at least until the lapse of time, or course of
events, should have proved, beyond cavil or dispute, the ability of
the people of Texas to maintain their sovereignty, or to uphold
the government constituted by them." These overtures on the
part of Texas were pending for several years, but were not enter-
tained by the government of the United States until the period had
arrived when, in the language of President Jackson, above quoted,
the lapse of time and course of events had proved, beyond cavil or
dispute, The ability of her people to maintain her separate sove-
reignty. Her independence must be considered as a settled fact,
which cannot be called in question. Nearly four years since, Mr.
Webster, then Secretary of State, in a despatch to the minister of
the United States at Mexico, said: " From the time of the battle
of San Jacinto, in April, 1836, to the present moment, Texas has
exhibited the same external signs of national independence as
Mexico herself, and with quite as much stability of government.
Practically free and independent; acknowledged as a political sove-
reignty by the principal powers of the world; no hostile foot find-
ing rest within her territory for six or seven years; and Mexico
herself refraining for all that period from any further attempt to
re-establish her own authority over the territory;" three addi-
tional years of inaction on the part of Mexico elapsed, before the
final action of the United States upon the question of annexation,
with the assent of the same Senate whose prudence, circumspec-
tion, and wisdom, your excellency so justly eulogizes. And if
any additional sanction could have been required to a measure so
evidently just and proper, it has been afforded by Mexico herself,
who, through her minister of foreign affairs, Mr. Cuevas, au-
thorized by the national Congress, on the 19th of May last, de-
clared: "The supreme government receives the four articles above
mentioned as the preliminaries of a formal and definitive treaty;
and, further, that it is disposed to commence the negotiation as
Texas may desire, and to receive the commissioners which she
raiay name for the purpose." The first condition was, "Mexico
consents to acknowledge the independence of Texas." True it is,
that, by the second condition, Texas engaged that she would stipu-
late in the treaty not to annex herself, or become subject, to any
country whatever. When it is recollected that this preliminary
arrangement was made through the intervention of the ministers of
Great Britain and France, consequent upon the passage of the act
of annexation, it cannot be denied that it was intended to apply
solely to the United States; and that, while Mexico acknowledged
her inability to contest the independence of Texas, and was pre-
Ex. Doc. No. 60. 75
pared to abandon all her pretensions to that territory, she was in-
duced to make this tardy and reluctant recognition — not by any
abatement of her hostile sentiments towards her (so called) rebel-
lious subjects, but in the hope of gratifying her unfriendly feel-
ings against the United States.
The undersigned cannot but express his unfeigned surprise that,
in the face of this incontrovertible evidence that Mexico had aban-
doned all intention or even hope of ever re-establishing her au-
thority over any portion of Texas, your excellency should have as-
serted that " Texas had been an integral part of Mexico, not only
during the long period of Spanish dominion, but since its emanci-
pation, without any interruption whatever during so long a space
of time;" and, again, that "the United States had despoiled Mexico
of a valuable portion of her territory, regardless of the incontro-
vertible rights of the most unquestionable property, and of the
most constant possession.^'' How weak must be the cause which
can only be sustained by assertions so inconsistent with facts that
are notorious to all the world; and how unfounded are all these
vehement declamations against the usurpations and thirst for terri-
torial aggrandizement of the United States! The independence of
Texas, then, being a fact conceded by Mexico herself, she had no
right to prescribe restrictions as to the form of government Texas
might choose to assume, nor can she justly complain, that Texas,
with a wise appreciation of her true interests, has thought proper
to merge her sovereignty in that of the United States.
The Mexican government cannot shift the responsibility of war
upon the United States, by assuming that they are the aggressorfe^ A
plain, unanswerable fact responds to all the subtleties and sophis-
tries by which it is attempted to obscure the real question; that
fact is,, the presence in Mexico of a minister of the United States,
clothed with full power to settle all the questions in dispute be-
tween the two nations, and among them that of Texas. Their com-
plaints are mutual; the consideration of them cannot be separated;
and they must be settled by the same negotiation, or by the arbi-
trament which Mexico herself has elected. With what reason
does Mexico attribute to the United States the desire of finding a
pretext to commence hostilities'? The appearance of a few ships
of war on the Mexican coasts, and the, advance of a small military
force to the frontier of Texas, are cited as evidence that the de-
clarations of a desire to preserve peace are insincere. Surely it
cannot be necessary to remind your excellency that the menaces of
war have all proceeded from Mexico; and it would seem that the
-elevation to power of its actual government, was too recent to have
afForded-your excellency time to forget the ostensible reasons for
which that which preceded it was overthrown. The crime imputed
to the then president — a crime so odious as to justify his forcible
expulsion from the presidency, to which he had been but a feW
months previous elected with -unparalleled unanimity, and in ac-
cordance wnth all the forms of the constitution— was that of not hav-
ing prosecuted the war against Texas, or, in other words, against
the United States — a crime, of which the enormity was aggravated
76 Ex. Doc. No. 60.
in a ten-fold degree, by his having accepted the proposal of the
United States to negotiate. To suppose that the present govern-
ment has not always intended, and does not still intend, vigorously
to prosecute an offensive war against the United States, would be
to insinuate the degrading charge of making declarations which it
did not design to fulfil, wnth the unwortlfy motive of supplanting
a rival.
With these avowed intentions on the part of Mexico, and, so far
as words can constitute war, that state actually existing, with what
fairness can she complain of precautions having been taken by the
United States to guard against the attacks with which they have
been menaced; so far at least as their very moderate peace estab-
lishment would permit them to do so? Are they patiently and
meekly to abide the time when Mexico shall be prepared to strike^
with due effect, the threatened blow?
Your excellency has alluded to the internal dissensions of Mexi-
co, and accused the United States " of taking advantage of them^
beguiling its vigilance by protestations of friendship, bringing into
play every kind of device and artifice, and appealing alternately
to intrigue and violence." Were the disposition of the United
States such as your excellency is pleased to attribute to them, they
would have eagerly availed themselves of the opportunity afforded
by the first refusal to receive the urfdersigned; and certainly no
moment more propitious than the present to carry their ambitious
schemes into effect could have been selected. Instead of availing
themselves of it, they have, with a degree of forbearance that by
many, perhaps by most impartial observers, will be considered hu-
miliating, repeated the overtures for negotiation which had been
rejected under circumstances the best calculated to offend national
pride; and this most conciliatory advance, made by the aggrieved
party, is said by your excellency to be an attempt which he cannot
permit himself to call by its proper name, (una tentativa que el
infrascrito no se permite calificar.) This reserve is remarkable,
when contrasted with the terms of vituperation so freely employed
in other parts of the note: or is it that your excellency could dis-
cover no epithet sufficiently energetic to stigmatize an offence so
enormous as a renewed proposition to enter upon negotiations'?
The undersigned has already exceeded the limits which he had
prescribed to himself for reply. The question has now reached a
point where words must give place to acts. While he deeply re-
grets a result so little contemplated when he commenced the duties
of his mission of peace, h-^ is consoled T3y the reflection that no
honorable efforts to avert the calamities of war have been spared
by his government, and that the^e efforts cannot fail to be properly
appreciated, not only by the people of the United States, but by
the world.
Tiie undersigned begs leave to renew to his excellency Don J.
M. de Castillo y Lanzas the assurances of his distinguished consi*
deration. o
JOHN SLIDELL.
His Excellency Don J. M. de Castillo y Lanzas,
inister of Foreign Relations and Government.
Ex. Doc. No. 50. 77
No. 16.
Mr. Slidell to Mr. Buchanan.
[Extracts.]
Legation of the United States of America,
Jalap a, March 27, 1846.
I expected to ha^ve received my passports, by the mail of this
day, as an order to furnish me an escort was forwarded to the com-
snanding general at this place by the mail which reached here on
the 24th instant, and the fact of their having been issued had been
announced in the journals of the capital. They have not appeared,
and, as I have no letters' from our consul, I am induced to believe
that, from some misapprehension, they have been forwarded to Vera
Cruz. I shall accordingly proceed thither to morrow,, embarking
immediately for the Balize, if my anticipation be correct; if not, I
shall remain there until I have heard something definitive on the
subject.
Letters from Mazatlan of the 4th instant state that Captain Fre-
mont, with his corps of observation, arrived at Suter's settlement,
on the Sacramento, early in January. He is said to have disco-
vered a good wagon road to Oregon, which is much shorter than
any heretofore travelled. He has gone to Monterey, in Upper Ca-
lifornia, leaving his corps on the Sacramento.
I am informed that the council "of government has been deliber-
ating on the question of issuing " patentas de corso," or letters of
marque, in anticipation of hostilities with the United States. I do
not learn that any final decision was made.
Parres, the Secretary of Hacienda, has resigned; everything in-
dicates a speedy breaking up of Paredes' government; several jour-
nals openly advocate the return of Santa Anna, and his restoration
to power. The failure of Paredes to enforce against the editors
his menaces of deportation to San Juan de Ulloa, or Acapulco,
aflfords the best evidence of his weakness. He wants the power,
not the will.
General Almonte has been appointed minister to Great Britain,
* * *■* * * # *
Letters by the mall of to-day state that Paredes has found him-
self at last compelled to come out with a proclamation denying the
intention cf establishing a monarchy which have been charged
against him; that the document had already been printed, but raj
informant could not procure a copy.
78 Ex. Doc. No. 60.
No. 17.
fMr. Slidell to Mr. Buchanan.
[Extracts.]
United States Ship Mississippi,
^i Sea, April 2, 1846.
I last had the honor of addressiiig you, on the 27th ultimo, from
Jalapa. My passports had, as I,supgosed, gone to Vera Cruz, al-
though they were directed to me at Jalapa.
I send a copy of Mr. Castillo y Lanzas's note accompanying the
passports. You will observe from its date*, that, with a promptness
very unusual in Mexican councils, they were transmitted by the
first mail after the reception of ray note of 17th March.
* • * * * * * # *
The notes of Mr. Castillo y Lanzas will give you a correct idea,
of the temper of the Paredes government; and although it will pro-
hably soon be replaced by another, we have no reason to expect a
change of tone towards us until 'Mexico shall have been made to
feel our strength.
• General Almonte had reached Jalapa, on his way to Vera Cruz,
there to embark in the British steamer.
* * * * * * * * *:
I send you a paper containing the manifesto of Paredes, of which
I made mention in my last. It professes to present his views of
the difficulties with the United States, and in relation to the form,
of government. As to the latter, it will be seen, on a critical ex-
amination, that it is far from being satisfactory. It merely affirms
that hp is in favor of a republican government, until the constituent
congress shall have decided the question; that his preferences are
for a republic, but if what he assumes will be an expression-of the
national will shall pronounce differently, he is prepared to obey it.
But we know, from recent experience, what reliance is to be placed
on the declarations of Parades. * * * *
The manifesto declares that until the national congress shall have
considered the question, no act of aggression will be committed
against the United States by the Mexican government, but that it
will repel any that may be offered by them. This declarationy
however, under existing circumstances, even if made in good faithj
leaves a wide range of discretion; for the advance of our troops to
the bpnks of the Rio del Norte cam at any time be made a ground
for commencing hostilities. * * a. * *
Ex. Doc. No. 60. 79
[Enclosure No. 1.]
Mr. Castillo y Lanzas to Mr, Slidell. .
[Translation.]
National Palace,
Mexico, March 21, 1846.
The undersigned, minister of foreign relations and government,
has the honor to acknowledge the receipt of the note which his ex-
cellency John Slidell, appointed envoy extraordinary and minister
plenipotentiary of the United States, was pleased to address to hirp,
•under date of the 17th instant, from the city of Jalapa.
As it appears that Mr. Slidell, in this communication, merely
reproduces arguments and historical reasons which have been pre-
viously presented by other diplomatic agents of the United States
in this country, and have been repeatedly refuted victoriously by
the Mexican government, it would be unnecessary for the under-
signed to undertake anew the useless task of entering into an ex-
amination of the said reasons and arguments.
And as Mr. Slidell is, moreover, agreeably to instructions from
his government, about to return to the United States, and he asks
that passports be delivered to him to that effect, the undersigned
has the honor to enclose them to his excellency, in compliance
with the orders of his excellency the acting president of the re-**
public.
The undersigned at the same time avails himself of the opportu-
nity to renew to his excellency Mr. Slidell the assurances of hi&
distinguished consideration.
' ■ J. M. DE CASTILLO Y LANZAS. .
His Excellency John Slidell.
ORDERS AND INSTRUCTIONS TO GENERAL TAYLOR, FROM MAY 28 IS-ld-
TO MARCH 2, 1846.
[Confidential.]
War Department, May 28, 1845.
Sir: I am directed by the President to cause the forces now un-
der your command, and those which may be assigned to it, to be
put into a position where they may most promptly and efficiently
act in defence of Texas, in the event it shall become necessary or
proper to employ them for that purpose. The information received
by the Executive of the United States warrants the belief that
Texas will shortly accede to the terms of annexation. As soon as
the Texan congress shall have given its consent to annexation, and
a convention shall assemble and accept the terms offered in the
resolutions of congress, Texas will then be regarded by the execu-
tive government here so far a part of the United States as to be en-
80 Ex. Doc. No. 60. ^
titled from this government to defence and protection from foreign
invasion and Jndian incursions. The troops under your command
will be placed and kept in readiness to perform this duly.
In the letter addressed to you from the adjutant general's office,
of the 21st of March, you were instructed to hold a portion of the
troops under your immediate command in readiness to move into
Texas under certain contingencies, and upon further orders from
this department. In the treaty between the United States and
Mexico, the two governments mutually stipulated to use all the
means in their power to maintain peace and harmony among the
Indian nations inhabiting the lands on their borders; and to re-
strain by force any hostilities and incursions by these nations with-
in their respective boundaries, so that the one would not suffer the
Indians within its limits to attack, in any manner whatever, the
citizens of the other, or the Indians residing upon the territories of
the other. (See the 33d article, a copy of which is herewith trans-
mitted.) The obligations which in this respect are due to Mexico
ty this treaty, are due also to Texas. Should the Indians residing
within the limits of the United States, either by themselves, or as-
sociated with others, attempt any hostile movement in regard to
Texas, it will be your duty to employ the troops under your com-
mand to repel and chastise them j and for this purpose you will
give the necessary instructions to the military posts on the upper
Red river, (although not under your immediate command,) and,
"with the approbation of the Texan authorities, make such move-
ments, and take such position, within the limits of Texas, as in
your judgment may be necessa-ry. You are also directed to open
immediate correspondence with the authorities of Texas, and with
any diplomatic agent of the United States, (if one should be resid-
ing thf-rein,) with a view to information and advice in respect to
the common Indian enemy, as well as to any foreign power. This
coraraunication and consultation with the Texan authorities, &c.,
are directed with a view to enable you to avail yourself of the
superior local knowledge they may possess, but not for the pur-
pose of placing you, or any portion of the forces of the United
States, under the orders of any functionary not in the regular line
of command above you.
Should the territories of Texas be invaded by a foreign power,
and you shall receive certain intelligence through her functionaries
of that fact, after her convention shall have acceded to the terms
of annexation contained in the resolutions of the Congress of the
United States, you will at once employ, in the most effective manner
your judgment may dictate, the forces under your command, for
the defence of these territories, and to expel the invaders.
It is supposed here that, for the mere purpose of repelling a com-
mon Indian enemy, as above provided for, it may not be necessary
that you should march across the Sabine or upper Red river (at
least in the first instance) with more than the particular troops
•which you were desired in the instructions before referred to, of the
21st March, to hold in immediate readiness for the field, but it is
not intended to restrict you positively to that particular amount of
Ex. Doc. No. 60. 81
force. On the contrary, according to the etDor:?^ency, you may aJd
any other corps, or any number of companies within your department,
deemed necessary, beginning with those nearest at hand; and in the
contingency of a foreign invasion of Texas, as above specified,
other regiments from a distance may be ordered to report to you.
Very respectfully, your obedient servant,
WM. L. MARCY,
Secretary of War.
General Z. Taylor,
Fort Jesup, Louisiana.
[Confidential.]
War Department, June 15, 1845.
Sir: On the 4th day of July next, or very soon thereafter, the
convention of the people of Texas will probably accept the propo-
sition of annexation, under the joint resolutions of the late Con-
gress of the United States. That acceptance will constitute Texas
an integral portion of our country.
In anticipation of that event, you will forthwith make a forward
movement with the troops under your command, and advance to the
mouth of the Sabine, or to such ottier point on the gulf of Mexico, or
its navigable waters, as in your judgment may be most convenient
for an embarkation at the proper time for the western frontier of
Texas.
In leaving to your judgment to decide the route, it is intended
that you choose the most expeditious, having due regard to the
health and efficiency of the troops, on reaching the point of desti-
nation.
The force under your immediate command, at and near Fort
Jesup, to be put in motion on the receipt of these instructions, will
be the 3d and 4th regiments of infantry, and seven companies of the
2d regiment of dragoons. The two absent companies of the 4th
infantry have been ordered to join their regiments. Artillery will
be ordered from New Orleans.
It is understood that suitable forage for cavalry cannot be ob-
tained in the region which the troops are to occupy; if this be so,
the dragoons must leave their horses and serve as riflemen. But it
is possible that horses of the country, accustomed to subsist on
meagre forage, may be procured, if it be found necessary. You will
therefore take the precaution to order a portion of the cavalry
equipments to accompany the regiment, with a view to mounted
service.
The point of your ultimate destination is the western frontier of
Texas, where you will select and occupy, on or near the Rio
Grande del Norte, such a site as will consist with the health
©f the troops, and will be best adapted to repel invasion, and
to protect what, in the event of annexation, will be our
western border. You will limit yourself to the defence of the ter-
6
82 Ex. Doc. No. 60.
..jitory of Texas, unless Mexico should declare war against the
IJri?*^^ States.
Your movement to the g^tllf of Mexico, and your' preparations to
embark for the western frontier of Texas, are to be made without
^^y ^elay; but you will not effect a landing QV. tl^^t frontier until
you have yourself ascertained the due acceptance of Texas ot lu^
proffered terms of annexation, or until you receive directions from
-^r- Donelson.
I am, sir, very respectfully, your obedient servant,
GEORGE BANCROFT.
To Brigadier General Z. Taylor,
U. S. ^rmyj com' g 1st dep^t, Fort Jesup, La.
P. S. — The revenue cutters Spencer and Woodbury have heem
placed, by the Treasury Department, at the disposition of Mr. Don-
elson.
War Department, July 8, 1845
Sir: This department is informed that Mexico has some mili j^rr
establishments on the east side of the Rio Grande, which arf , ^nd
for some time have been, in the actual occupancy of her tro' ^pg^ j^
carrying out the instructions heretofore received, you will [jg care-
ful to avoid any acts of aggression, unless an actual str^^g ^^ ^^^
should exist. The Mexican forces at the posts in their possession
and which have been so, will not be disturbed as long ^g j-j^g rela-
tions of peace between the United States and Mexic o^continue.
WM. L. MARCY.
Brigadier General Z. Taylor.
War Department,
Washington, July 30, 1845.
Sir: Your letter, from New Orl'eans, of the 20th instant, ad-
dressed to the Adjutant General, has been received and laid before
the President, and he desires me to express to you his approval of
jour movements.
He has not the requisite information in regard to the country to
enable him to give any positive directions as to the position you
ought to take, or the movements which it may be expedient
to make. These must be governed by circumstances. While avoid-
ing, as you have been instructed to do, all aggressive measures to-
wards Mexico, as long as the relations of peace exist between that
republic and the United States, you are expected to occupy, protect
and defend the territory of Texas to the extent that it has been oc-
cupied by the people of Texas. The Rio Grande is claimed to be
the boundary between the two countries, and up to this boundary
you are to extend your protection, only excepting any posts on the
Ex. Doc. No. 60. 83
eastern side thereof, which are in the actual occupancy of Mexican
forces, or Mexican settlements over which the republic of Texas
did not exercise jurisdiction at the period of annexation, or shortly
before that event. It is expected that, in selecting the establishment
for your troops, you will approach as near the boundary line, the Rio
Grande, as prudence will dictate. With this view, the President
desires that your position, for a part of your forces at least, should
be west of the river Nueces.
You are directed to ascertain and communicate to this depart-
ment the number of Mexican troops now at Matamoras, and the
other Mexican posts along the border, their position, the condition
of them, and particularly the measures taken or contemplated to
increase or strengthen them. If you should have any reason to
Relieve that the government of Mexico is concentrating forces on
the boundaries of the two countries, you will not only act with
reference to such a state of things, but give the earliest informa-
tion to this department.
Very respectfully, &c.,
, WM. L. MARCY,
Secretary of War.
Brig. Gen. Z. Taylor,
Commanding the army of occupation in Texas.
War Department,
Adjutant GeneraPs Office, Washington, August 6, 1845,
General: Pursuant to the instructions of the Secretary of War,
the 7th regiment of infantry has been ordered to join the army
under your command in Texas, and the three companies of the 2d
dragoons at Fort Washita are also under orders to proceed to
Austin without delay, with instructions to report to you on their
arrival.
Although a state of war with Mexico, or an invasion of Texas-
by her forces, may not take place, it is nevertheless deemed proper
and necessary that your force should be fully equal to meet, with
the certainty of success, any crisis which may arise in Texas, and
which would require you, by force of arms, to carry out the in-
structions of the government.
I am instructed by the Secretary of War to request you to learn
from the authorities of Texas what auxiliary forces, volunteers,
&c., could be placed at your disposal in case any additional troops
may be needed; and how soon they would be able to take the field
upon any emergency. I am also instructed to say, that for such
procedure on your part the requisite authority is now conferred.
A copy of a communication addressed to the Texan authorities
touching the subject, by the State Department, is herewith trans-
mitted for your information.
Such auxiliary volunteer force from Texas, when events, not
now revealed, may justify their employment, will be organized and
84 Ex. Doc. No. 60.
mustered under your orders, and be received into the service of the
United States when actually required in the field to repel invasion,
actual or menaced, and not before. In organizing these forces, you
will of course follow the regulations prescribed in cases when de-
tachments of militia from the States and Territories are called into
the service of the United States. It should be understood that, as
yet, no provision exists by law for the payment of such forces, but
appropriations for thrtt purpose will doubtless be made by Con-
gress. They will be furnished with rations v/hile in actual service,
as the other troops under your command. The amount and descrip-
tion of the force to be mustered into the service of the United
States is left to your determination, and, of course, to be regulated
by circumstances.
In view of further precautionary measures, I am instructed by
the Secretary of War to learn from you, at the earliest date, what
other force and munitions (judging from any information you may
possess as to the future exigencies of the public service) you deem
it necessary to be sent to Texas; that is to say, what additional
troops, designating the arms of the service; what supply and de-
scription of ordnance and ordnance stores, small arms, &c.
It is deemed expedient to establish in Texas one or more depots
of ordnance and other supplies, for which purpose you w-ill please
report the proper points to be occupied. Orders have already been
issued to send 10,000 muskets and 1,000 rifles into Texas. They
will be shipped for Galveston, subject to your orders on their
arrival, as to the proper place of deposite, which of course should
be with reference to convenience and accessibility in case they be
required for the public use. Should these arms be put into the hands
of the volunteers and auxiliary troops, you will please observe all
needful precaution, so that they be returned to the United States on
the discharge of the troops from the public service.
Officers of the corps of engineers, topographical engineers, and
ordnance, have been ordered to Texas, with instructions to report
to you without delay.
''General order," No. 37, dated the 5th instant, was forwarded
to you by the lust mail.
I am, general, very respectfully, your obedient servant,
R. JONES,
Jidjutant General.
Brig. Gen. Z. Taylor,
Commanding U. S. forces in Texas, bay of Aransas.
War Department,
Washington, August 23, 1845.
Sir: The Information hitherto received as to the intentions of
Mexico and the measures she may adopt, does not enable the ad-
ministration here to give you more explicit instructions in regard
to your movements than those which have been already forwarded
Ex. Doc. No. 60. 85
to yqu. There Is reason to believe that Mexico is making efforts
to assemble a large army on the frontier of Texas, for the purpose
of entering its territory and holding forcible possession of it. Of
their movements your are doubtless advised, and we trust have
taken, or early vs^ill take, prompt and efficient steps to meet and
repel any such hostile incursion. Should Mexico assemble a large
body of troops on the Rio Grande, and cross it with a considerable
force, such a movement must be regarded as an invasion of the
United States and the commencement of hostilities. You will, of
course, use all the authority which has been or may be given you
to meet such a state of things. Texas must be protected from hos-
tile invasion, and for that purpose you will of course employ to
the utmost extent ail the means you possess or can command.
An order has been this day issued for sending one thousand more
men into Texas to join those under your command. When the ex-
isting orders are carried into effect, you will have with you a force
of four thousand men of the regular army. We are not enabled
to judge what auxiliary force can, upon an emergency, be brought
together from Texas, and as a precautionary measure you are au-
thorized to accept volunteers from the States of Louisiana and
Alabama, and even from Mississippi, Tennessee, and Kentucky.
Should Mexico declare war, or commence hostilities by crossing
the Rio Grande with a considerable force, you are instructed to
lose no time in giving information to the authorities of each or any
of the above mentioned States as to the number of volunteers you
may want from them respectively. Should you require troops
from any of these States, it would be important to have them with
the least possible delay. It is not doubted that at least two regi-
ments from New Orleans and one from Mobile could be obtained
and expeditiously brought into the field. You will cause it to be
known at these places what number and description of troops you
desire to receive from them in the contemplated emergency. The
authorities af these States will be apprized that you are authorized
to receive volunteers from them, and you may calculate that they
will promptly join you when it is made known that their services
are required. Arms, ammunition, and camp equipage for the
auxiliary troops that you may require, will be sent forward sub-
ject to your orders. You will so dispose of them as to be most
available in case they should be needed, at the ssme time with a
due regard to their safety and preservation. Orders have been is-
sued to the naval force on the gulf of Mexico to co-operate with
you. You will, as far as practicable, hold communication with the
commanders of our national vessels in your vicinity, and avail
yourself of any assistance that can be derived from their co-operation.
The Lexington is ordered into service as a transport ship, and will
sail in a few days from New York with a detachment of United
States troops for Corpus Christi. She will be employed as the
exigency of the public service may require. In order to keep up
a proper communication between the army in Texas and the United
States, the On-ka-hy-e, the Harney, and the Dolphin will be put
into service, as soon as they can be made ready, as despatch vessels
to convey intelligence, supplies, &c. You will avail yourself of
86 Ex. Doc. No. 60.
these vessels, and all other proper means, to keep the government
here advised of your operations, and of the state of things in Texas
and Mexico.
I have the honor to be, with great respect, yours,
WM. L. MARCY,
Secretary of War.
General Z. Taylor.
[Sent to the quartermaster at New Orleans.]
War Department,
Washington^ August 2b ^ 1845.
Sir: General Taylor, to w^hom has been committed the command
of the army of occupation in Texas, is authorized to draw any
auxiliary force he may need from Texas. If such aid should be
•wanted, it is not doubted that the patriotic citizens of that State
will rally to his assistance with alacrity, in sufficient numbers to
enable him, in conjunction with United States troops, to repel the
invasion of Texas by Mexico, should it be attempted. Though
our information as to the force Mexico may bring into the field lor
such a purpose is not very accurate, yet there is reason to appre-
hend that it is more numerous than that under the command of
General Taylor; and may, perhaps, exceed his effective force when
augmented with the auxiliary aid he may derive from Texas. Be-
sides, he may need additional troops to a greater number, and
sooner than they can be furnished him from that State. Should he
need assistance from your State, he is directed to signify to you
the number and description of troops he may deem necessary to
receive as volunteers into service. Relying upon the zeal and pub-
lic spirit of the gallant militia of Alabama, Mississippi, and Louis-
iana, the governme) t here do not doubt that he will be promptly
furnished with such and so many as he may express a desire to
have mustered into the service of the United States; and it has the
most perfect reliance upon your countenance and co-operation in
organizing and sending into Texas such a valunteer force from your
State as he may desire. It is necessarily left to his judgment to
designate the number. It is proper to observe, that the emergency
rendering such assistance from the militia of your State necessary,
does not appear to have been foreseen by Congress, and conse-
quently no appropriation was made for paying them; but it is
not to be doubled that such a provision will be promptly made
when Congress shall again assemble. In order to be paid, the
State troops must be mustered into service. In organizing compa-
nies and regiments for that purpose, the number of officers must be
proportioned to that of the privates. Enclosed I send you, from
the Adjutant General, a statement of the number and rank of offi-
cers for each company of men, as well as the regimental and staff
officers, should a regiment of volunteers be called for. From the
Ex. Doc. No, 60. 87
knnwn patriotism an(1 military arclor of the militia of your State,
.4^- is presumed that volunteers to the number that "may be required
■will reailily tender their services to their country in the contem-
plated emergency. Should aid from your State be required by
the commanding general in Texas, it will be of the utmost impor-
tance that the troops should be sent into that State without delay.
This consideration will render it proper that they should come
from such part of the State as can most promptly furnish them.
I have the honor to be, very respectfully, your obedient servant,
WM. L. MARCY,
Secretary of War.
His Excellency Benjamin Fitzpatrick,
Governor of Jilahama^ Tuscaloosa^ Alabama.
His Excellency A. G. Brown,
Governor of Mississippi, Jackson, Mississippi.
His Excellency Alexander Mouton,
Governor of Louisiana, JVew Orleans, Louisiana.
Letters were also addressed on the 28th of the same month, to
the governors of Tennessee and Kentucky, on the same subject,
and in the same words as the above.
Adjutant General's Office,
Washington, August 26, 1845.
General: I am instructed by the Secretary of War to say, it is
very desirable that you should keep the department informed of
the state of the service on the Texan frontiers, and the situation
of the army under your command, by every opportunity which may
offer. Official information, at short intervals, is now the more ne-
cessary, as the country is filled with rumors of the movement of
Mexican troops in direction of your head-quarters, as also of mat-
ters in relation to our own service. But, however exaggerated
these reports may be, we cannot, for want of official tidings, un-
dertake to correct what we have good reason to believe not to be
true. You are requested, therefore, to write, if but a single line,
by almost every vessel which may sail from near your head-quar-
ters for New Orleans.
Your last letter, received August 11th, is dated from Aransas
Bay, July 28th, and to-night's mail brings letters and papers of
the 19th from New Orleans, wath news from Aransas Bay, and the
mouth of the Rio Grande, of August 12th.
I send you general orders No. 41, of yesterday's date, giving you
more troops, which I hope you will not need before their arrival.
I am, general, with great respect, your obedient servant,
R. JONES, Adg't. General.
General Taylor,
Commanding, 8j'c.,the army of occupation.
€8 Ex. Doc. No. 60.
War Department,
Washington J August 30, 1845.
Sir: Only 'one letter has been received from you since you en-
tered Texas, and that was written the day after you arrived at
Aransas bay. Permit me to urge upon you the importance of
availing yourself of every opportunity of communicating with this
department. It is desirable to have early and correct information
from you, to enable the government to form a true judgment of
the designs and movements of Mexico, founded on ascertained
facts. It is presumed that, in pursuance of previous instructions
from this department, you have taken special pains to become ac-
quainted with the proceedings of Mexico, particularly in regard
•to the number, and kind, of Mexican troops at Matamoras, Mon-
terey, and other places, as well as those which are on the march
towards them, and may be brought to act against your forces, or
pushed across tlie Rio Grande, either in the vicinity of Matamoras
or at distant points in that river. You will not, I trust, underrate
the importance of such information, or fail to use the proper and
necessary means for acquiring it. You are directed, should you
. deem it expedient, to employ competent and trustworthy persons
to obtain such intelligence.
The instructions, heretofore issued, enjoin upon you to defend
Texas from invasion and Indian hostilities; and, should Mexico in-
vade it, you will employ all your forces to repulse the invaders,
and drive all Mexican troops beyond the Rio Grande. Should you
Judge the forces under your command inadequate, you will not fail
to d^aw sufficient auxiliary aid from Texas; and, if there be need,
from the States, pursuant to your previous instructions. It is not
to be doubted that, on 'your notification, volunteer troops, to the
number you may require, will rally .with alacrity to your standard.
You have been advised that the assembling a large Mexican army
on the borders of Texas, and crossing the Rio Grande with a con-
siderable force, will be regarded by the Executive here as an inva-
sion of the United States, and the commencement of hostilities. An
attempt to cross that river with such a force, will also be consid-
ered in the same light. There may be other acts on the part of
Mexico which would put an end to the relations of peace between
that republic and the tlnited States. Should depredations be com-
mitted on our commerce by her public armed vessels, or privateers,
acting under her authority, this will constitute a state of war.
Orders have been issued to the vessels of the United States in
the gulf, to furnish you with information of any hostile proceedings
of Mexico, and the state of things in that republic. You will em-
trace every occasion that may present, to forward to the com-
manders of these vessels such intelligence as you may possess,
concerning the movements of the military forces, and the state of
things in Mexico and Texas, and to suggest to them such assist-
ance and co-operation as you may desire to receive.
In case of war, either declared or made manifest by hostile acts,
your main object will be the protection of Texas; but the pursuit
of this object will not necessarily confTne your action within the
Ex. Doc. No. 60. 89
territory of Texas. Mexico having thus commenced hostilities,
you may, in your discretion, should you have sufficient force, and
be in a condition to do so, cross, the Rio Grande, disperse or cap-
ture the forces assembling to invade Texas, defeat the junction of
troops uniting for that purpose, drive them from their positions on
either side of that river, and, if deemed practicable and expedient,
take, and hold possession of, Matamoras and other places in the
country. I scarcely need to say, that enterprises of this kind are
only to be ventured on under circumstances presenting a fair pros-
pect of su.ccess.
Very respectfully, your obedient servant,
WM. L. MARCY,
Secretary of War.
Brigadier Gen. Z. Taylor.
Commanding the U. S. army in Texas.
P. S. — Herewith you will find a copy of the order of the Navy
Department to Commodore Connor.
War Department,
Washington^ October 16, 1845.
Sir: The information which we have here, renders it probable
that no serious attempts will, at present, be made by Mexico to
invade Texas, although she continues to threaten incursions. Pre-
vious instructions will have put you in possession of the views of
the government of the United States, not only as to the extent of
its territorial claims, but of its determination to assert them. In
carrying out these instructions, you will be left very much to your
own judgment, by reason of your superior knowledge of localities,
and the earlier notice you may receive of the probable views of
Mexico, and the movements of her troops.
On the supposition that no active operations on your part will
be required during the approaching winter, an important question
to be decided is the position or positions to be occupied by your
forces. This must be determined mainly with reference to the
objects for which the army under your command was sent into
Texas. You will approach as near the western boundary of Texas
(the Rio Grande) as circumstances w^ill permit; having reference
to reasonable security; to accommodations for putting your troops
into winter huts, if deemed necessary; to the facility and certainty
of procuring or receiving supplies; and to checking any attempted
incursions by the Mexican forces or the Indian tribes. Ought
your present position to be changed? the forces which are, or soon
will be, assembled under your command, be kept together or
divided? and, if divided, what positions are to be taken, and how
are they to be divided? These are questions which must be in a
measure left to your judgment, or. at least, the decision upon
them here, if there be time, will be influenced in no inconsiderable
degree by the information and views which you may furnish the
90 Ex. Doc. No _^
department. You need not, theref
Washington, to carry out what ye ore, wait for directions from.
Upon all the points above enum- u may deem proper to be done,
your reports and views in full ? erated, and others not suggested,
to the continuance of the pr •''e desired, not only with reference
United States and Mexico, br esent aspect of affairs between the
or being directed to take. -'t in the contingency of your selecting,
Grande near its mouth, c ) ^ position on the banks of the Rio
open hostilities. It is f '' places above, or even in the event of
and topographical corr -xpected that the officers of the engineer
examine, as far as prr .^^j who have been sent into Texas, will
with a view to seler :^cticabJe, under your direction, the country,
porary occupation .^^"§ eligible positions for permanent or tern-
war. It is extre' ? lor depots of supplies, arms, and munitions of
part of it which ^e 7 desirable that the sea coast, or at least that
of any contemr , T'V ^^^.^^^ely to be visited by our vessels in aid
here than it n ^.^^ military operations, should be better known
which may r °^ ^^> l^ ^^^^ ^^ the character of the several rivers
furnish faci^ .'resent obstacles to the movements of our forces, or
avail your , '^^^ ^^' transporting supplies. You are requested to
possess, t "In ? • P^^P^r. occasions, and employ the means you
forward • ?^[^^^ information in regard to all these matters, and
y- it to this department.
iTery respectfully, your obedient servant,
WM. L. MARCY,
T> • T /-, , ^ rr. Secretary of War.
Brigadier General Z. Taylor, *^
Commanding army of occupation in Texas.
War Department,
Washington, January 13, 1846.
Sir: I am directed by the President to instruct you to advancer
and occupy, with the troops under your command, positions on or
near the east bank of the Rio del Norte, as soon as it can be con-
veniently done with reference to the season and the routes by
which your m''jvements must be made. From the views heretofore
presented to this department, it is presumed Point Isabel will be
considered by you an eligible position. This point, or some one
near it.^ and points opposite Matamoras and Mier, and in the vicinity
01 -Ijaredoj are suggested for your consideration; but you are left
""j your better knowledge to determine the post or posts which you
are to occupy, as well as the question of dividing your forces with
a view to occupying two or more positions.
In the positions you may take in carrying, out these instructions
and other movements that may be made, the use of the Rio del
Norte may be very convenient, if not necessary. Should you„
attempt to exercise the right which the United States have in com-
mon with Mexico to the free navigation of this river, it is probable
that Mexico would interpose resistance. You will not attemp'c to
enforce this right without further instructions.
Ex. Doc. No. 60. 91
You are requested to report to this department, without delay,
what means you may require, if any, beyond those you now pos-
sess, to enforce and maintain our common right to navigate this
river, as well as your views of the importance of this right in the
defence and protection of the State of Texas.
It is not designed, in our present relations with Mexico, that
you should treat her as an enemy; but, should she assume that
character by a declaration of war, or any open act of hostility
towards us, you will not act merely on the defensive, if your rela-
tive means enable you to' do otherwise.
Since instructions were given you to draw aid from Texas, in
case you should deem it necessary, the relations between that State
and the United States have undergone some modification. Texas
is now fully incorporated into our union of States, and you are
hereby authorized by the President to make a requisition upon the
executive of that State for such of its militia force as may be
needed to repel invasion or to secure the country against appre-
hended invasion.
I have the honor to be, with great respect, your obedient
servant,
WM. L. MARCY,
Secretary of War.
brigadier General Z. Taylor.
War Department,
Washington^ January 20, 1846.
Sir: You will perceive by a letter which has been addressed to
General Taylor, commanding the United States troops in your
State, a copy of which I send to you herewith, that the President
has authorized him, in case of hostilities between the United States
and Mexico, and an invasion or threatened invasion of your State,
to make a requisition for such militia force as in a possible state of
things may be required from Texas.
By the request of the President I hereby apprise you of the
directions which have been given to General Taylor, and express
to you the confidence here entertained, that, should he make a
requisition, it will be promptly responded to.
WM. L. MARCY,
Secretary of War.
-His Excellency James Henderson,
Governor of the State of Texas.
92 Ex. Doc. No. 60.
[Extracts.]
War Department,
Washington^ March 2^ 1846.
Sir: Your letter of the 7th ultimo, addressed to the adjutant
general, with accompanying documents, marked Nos. 1 and 2, has
been submitted to the President for his consideration.
* ^ ''<■■ ■IP ^ ^ 4p ^ IF
It is very desirable that you should use all the means at your
command to acquire the most full and accurate information in rela-
tion not only to the military movements in the northern provinces
of Mexico, but to the feelings and disposition of the people ia
them towards the present government, and to keep us advised
thereof. It is the settled determination of the United States, in
every possible event, to protect private property, to respect per-
sonal rights, and to abstain from all interference in religious mat-
ters. Upon these points you will give the most ample assurances,
and improve every occasion that may arise to furnish proof of the
good faith with which these assurances are made. If, in the course
of events, you should have occasion to enter Mexico, it would be
proper to quiet all apprehensions, so far as it can be done, by a
public proclamation that the rights of property, persons, and re-
ligion, will be respected. Particular care should be taken not to
alarm the religious feelings of the Mexicans.
At this time, we have no information direct from Mexico so late
as that contained in the extra of the Corpus Christi Gazette of
the 12th of February. Though this is not of a character to com-
mand much confidence, yet it may not be prudent wholly to disre-
gard it. You cannot fail to have timely notice of the approach of
any considerable Alexican forcej and, in that event, will promptly
and efficiently use the authority with which you are clothed to call
to y( u such auxiliary forces as you may need. The governor of
Texas has been notified that you are authorized by the President
to make a requisition on him for troops, and it is not doubted that
he will promptly respond to any call you may make for that pur-
pose.
Your advance to the Rio del Norte will bring you, as a matter
of course, nearer to your assailants in case of hostilities, and at
the same time remove you to a greater distance f(om the region
from which auxiliary aid can be drawn. This consideration will
naturally induce you to take more than ordinary care to be in a
safe position, and prepared to sustain yourself against any assault.
I make this suggestion because I am not sure that you will have
such co-operation on the part of our naval force as you may ex-
pect. The government has not such a vessel as you desire; but
one or two, best suited to the service, have been ordered to the
Texan coast. The Flirt, which has the least draught — eight or
nine feet — is not of much efficiency. She carries not more than
four guns. The Somers or Porpoise, brigs of ten guns, and draw-
ing thirteen or fourteen feet of water, will be ordered to report to
and co-operate with you^ but it is not probable that either of them,
Ex. Doc. No. 60. 93
or the Flirt, will be on the coast to attend your advance movement.
You cannot calculate upon any assistance from them for two or
three weeks to come.* Nothing herein contained is intended to
revoke or modify the instructions heretofore given for aggressive
operations on your part under the circumstances therein specified.
WM. L. MARCY,
Secretary of War.
To Brig. Gen. Z. Taylor,
Commanding U. S. army in Texas.
LETTERS FROM THE ADJUTANT GENERAL TO GENERAL TAYLOR.
Adjutant General's Office,
Washington^ September 13, 1845.
General: Your communications of the 29th and 30th ultimo,
■with accompanying " orders" 3 and 4, and " special orders" 5 and 6,
have this day been received.
Your notice of the unwarrantable disclosure of the countersign
to a person not entitled to it, by an officer of the camp, on the
night of the 28th of August, and admonitory remarks on the occa-
sion, it is hoped may have the desired effect; but an offence of so
grave a nature, for which the martial code provides the severest
punishment, would seem to have called for an investigation by a
general court martial.
The concentration of so large a portion of the army at Corpus
Christi may afford you the opportunity, while resting upon your
arms, of practising a regular system of field and camp instruction,
according to the strictest principles and rules of the service; and
this I am instructed by the Secretary of War to say is the wish and
expectation of the President. The general-in-chief does not doubt
that all laid down in the general regulations, under the heads of
"guards," "troops in campaign," "daily details and duties," and
all other duties comprehended in the terms discipline^ police^ in-
spection^ Sec, you will cause to be scrupulously observed by every
corps and regiment, and all the officers and men under your com-
mand.
To perfect the organization of your staff, I am directed to say
that you will please to appoint an acting inspector general for the
army under your command, who should be an active, experienced
field officer, a good disciplinarian, and one who will minutely ob-
serve and enforce the regulations and rules of the service.
You will please to see that the regulations which establish the
^^ dress^^ of the army be duly observed by every officer; and as the
troops under your command will be organized, and, it may be pre-
sumed, will move only in battalions, regiments, brigades, or divi-
sion, the excuses for their non-observance during the Florida ser-
• The naval force did attend the movement of the army, and rendered assistance pursuant
to general orders before issued from the Navy Department.
94 Ex. Doc. No. 60.
vice (in many instances nnavoidable) will not, in the army of oc-
cupation, be so readily admitted.
I send herewith a copy of the estimated strength of the regular
force ordered to Texas, prepared early in the month for the Sec-
retary of War and the commanding general. The aggregate is-
4,336, from which, as you will see, some three hundred are deducted
on account of the various casualties incident to the service. This
reduction would make the army of occupation, when all the troops
en route shall have arrived, about 4,000.
No return of your command has yet been received for the month
of July, which, I suppose, may have been unavoidably delayed or
miscarried. While on the subject of "monthly returns" and "re-
ports," I respectfully refer you to paragraph 823, &c., of the army
regulations.
The battalion of the 4th infantry, drawn from Fort Scott, ap-
pears to have been greatly delayed in its movement from St. Louis
(where it arrived the 30th of July) to Corpus Christi, being nearly
a month. The only report from the commander, Brevet Major-
Graham, is dated on board the steamer, August 3d, being then,
thirty-five miles above the mouth of the Ohio. What detention be
may have met with in New Orleans is not known, nor has the dayr
been reported when he joined the army of occupation. For the^
information of the War Department and the general-in-chief, yott;
are requested to inquire into the cause or causes of the (apparently)
extraordinary slow progress of the two companies, after their arri-
val at St. Louis.
I send herewith, by direction of the Secretary of War, for your
information, a copy of his letter of instructions to Brevet Major*-
General Gaines, commanding the western division, of this date.
I am, general, very respectfully, your obedient servant,
R. JONES, Adjutant General.
To Brig. Gen. Z. Taylor,
Commanding army of occupation^ Corpus Christi^ Texas.
Note. — Since writing the above. Captain Page's report of the
28th ultimo has been received, by which it is seen that Brevet Ma-
jor Graham's command reached the army in Texas the 26th of Au-
gust.
R. J.
Adjutant General's Office,
Washington^ September 16, 1845.
General: The two companies of volunteer artillerists, mustered
into the service by General Gaines, which were so unexpectedly
sent to you by that officer from New Orleans, it is inferred from
your despatch of the 26th August, will scarcely be longer required ■
in your camp. If this be so, I am instructed by the Secretary of.
War to say that you will please cause them to be honorably dis-
charged from the army, and sent home again to mingle with their-
. Ex. Doc. No. 60. 95
friends a
had so nd relatives, from whom a sense of duty to their country
Jt i suddenly separated them.
^j^g ' iS understood that the United States schooner "On-kahy-e'^
e been ordered to ply regularly between Aransas bay and the city
J, , Mobile; by which conveyance your despatches would, ordinarily,
/each Washington one day sooner, it is said, than via New Orleass.
I am, sir, very respectfully, your obedient servant,
R. JONES, Adjutant General.
Brig. Gen. Z. Taylor,
Commanding army of occupation^ Corpus Christi, Texas.
Adjutant General's Office,
Washington, December 24, 1845.
General: I have the honor to inform you that, on the 16th in-
stant, the United States steamer "Colonel Harney" was ordered to
be transferred from the Navy to the War Department, and that
measures have been taken by the quartermaster's department to
place her at your disposal, for the purpose of keeping up prompt
and regular communication between New Orleans and the army at
Corpus Christi. It is hoped that this arrangement will fully meet
your views on the subject, as communicated in your letter of No-
vember 8, (No. 32,) and which I acknowledged on the 11th in-
stant.
I am, general, very respectfully, your obedient servant,
R'. JONES, Adjutant General.
Brig. General Z. Taylor,
Commanding army of occupation. Corpus Christi, Texas.
Adjutant General's Office,
Washington, February 26, 1846.
General: The Secretary of the Navy has despatched the sloop
of war St. Mary's, with orders to be "put in communication with
the army in Texas." I understand that the St. Mary's draws six-
teen or seventeen feet, and I fear, therefore, she will not be suita-
ble for the service, for which you require the presence of "a small
armed vessel." I have communicated my opinion to the Secretary
of War and Secretary of the Navy.
N I am, sir, very respectfully, your obedient servant,
f^^: . .,..^ j^ JONES, Adjutant General.
Brig. General Z. Taylor,
Commanding army of occupation. Corpus Christi, Texas.
Adjutant General's Office,
Washington, March 3, 1846.
Sir: Herewith I enclose you a copy of a letter from the Secretary
«f the Navy to the Secretary of War, dated the 2d instant, by
96 Ex. Doc. No. 60.
which you will perceive that, since my letter of the 26th tltimo,
informing you that the sloop of War "St. Mary's" has beea or-
dered to be "put into communication with the army in Texas,"
two small vessels (the "Somers" and "Flirt") have been directed
to "co-operate with the army in Texas."
I am, sir, very respectfully, your obedient servant,
R. JONES, Adjutant General.
Brevet Brig. General Z. Taylor,
Commanding army of occupation^ Corpus Christi, Texas.
[Extract.]
Adjutant General's Office,
Washington, April 8, 1846.
General: All the disposable recruits for the general service from
New York and Newport, Ky., are en route for your army, which you
will please to assign on their arrival to such regiments and compa-
nies as you may judge best. I regret to say that the number will
but little exceed 200; to which 100 may be added at New Orleans
from the regimental depots — in all, over 300 men. Every exertioa
has been made to push the recruiting service, but results show it has
fallen off for several months past. Even in New York, where,
usually, a large number are recruited, but few have entered; and at
Albany, another good station, but one man enlisted in March.
* # ******
I am, general, very respectfully, your obedient servant,
R. JONES,
Adjutant General.
Brevet Brigadier General Z. Taylor,
Comm^dg army of Texas, Point Isabel, Texas.
Adjutant General's Office,
Washington, April 20, 1846.
Generae: Since my last acknowledgment of the 31st ultimo, the
following despatches and orders have been received from your
headquarters, viz:
Despatches, numbered from 22 to 25, inclusive;
" Orders,'''' from number 32 to 36, inclusive; and
" Special orders,'''^ number 38.
Your despatch No. 16, and special orders No. 17, are still want-
ing to complete the series.
On the subject of recruits, required to fill the regiments in Texas,
and to which you refer in your despatch of the 29th of March, I
.respectfully refer you to ray letter of the 8th instant, which in-
formed you that about 300 were en route for the army under your
command, being every man that could be collected.
Ex. Doc. No. 60. 97
On the 18th, orders were despatched to send you four companies
of the 1st infantry, from Jefferson barracks, without delay, with a
field officer to command the battalion.
This battalion will not be less than 250 strong, as the two re-
maining companies of the 1st infantry, at Jefferson barracks, have
been broken up, and all the privates, except six, transferred to the
marching companies to fill them up. The overplus will be attached
as supernumeraries until the passage of the law to increase the rank
and file, when they will be permanently incorporated with the four
companies now ordered to Texas.
I am, general, very respectfully, your obedient servant,
R. JONES,
Adjutant General.
Brevet Brigadier General Z. Taylor,
Commanding army of occupation.
Camp opposite Mat amor as , Texas.
DESPATCHES FROM GENERAL TAYLOR TO THE ADJUTANT GENERAL
Head-quarters, 1st Military Department,
iN'ew Orleans, La., July 20, 1845.
Sir: I respectfully acknowledge your communication of July 8,
covering the instructions of the Secretary of War of the same date,
relative to the Mexican settlements on this side of the Rio Grande.
Those instructions will be closely obeyed; and the department may
rest assured that I will take no step to interrupt the friendly rela-
tions between the United States and Mexico. I am gratified at re-
ceiving these instructions, as they confirm my views, previously
communicated, in regard to the proper line to be occupied at
present by our troops.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A., commanding.
The Adjutant General of the Army,
Washington, D. C.
Head-quarters, Army of Occupation,
Steamship Alabama, Ara^isas Pass, Texas, July 28, 1845.
Sir: I respectfully report my arrival at this place on the 25th
instant, with eight companies of the 3d infantry, it having been
found necessary to leave two companies of that regiment, to be
brought over in other transports.
The troops are temporarily established on St. Joseph's island. I
am waiting the report of a boat expedition sent to Corpus Christi
bay before I determine on the site of an encampment. I hope to
receive the necessary information in the course of the dav, when I
7
98 JO Ex.i^oj^i^o,,iof),,r^
shall immediatelyvCOJiiipQence |.h6. r^m^yal jof th^e 34,in/antry to the
poiiit' selected. The "position'win 'probabty jbe,.'/ Xive Oak Point/'
in Aransas bay, some ten miles f^om pur present .position. I am
very anxious to establish myself at tbe mputh of the'Nueces, but
the extreme shoalness of the. water will, rfear, pr^esent an insuper-
able obstacle, unless we can' procure lighters of . much lighter
draught than those we have at 'present.'^ _' \
The difficulties of effecting a debarkation on this coast, and of
establishing depots for supplying the army, are mucb greater than
I anticipated, and will render our operatiQiis at once embarrassing
and expensive. Between Pass Cayallo and Brazos Santiago, there
is no entrance for vessels drawing mPre than seven or eight feet;
and the prevailing winds render the operation of lightening ex-
tremely uncertain and hazardous. W^e h^ve been favored with fine
weather, and, should it continue^ jhe other transports, which may
now be expected, will, be enabled. to'-di'scharg6 without difficulty.
We had a very favorable run from New ©rlearis; and I am happy
to state that the health of the command was greatly improved by
the voyage. The eight companies have scarcely any sickness at
this time. , , .,^ ..,,..,. ,,.,,„-, ,. .
The day before leaving New Orleans, I received from Major
Donelson a communication d.atecl. at Austin, on the 7th of July, in-
forming, me that the convention had .unanimously accepted the pro-
position of annexation, and suggesting that two companies should
be posted at Austin, I still deeni it best to confcerttrate my force
until our relations with Mexico shall become settled, and until the
country can be examined, and the .best mode of supply ascertained.
I hear nothing important froto the Mexican frdntifef. Some In-
dian depredations are committed from 'tini'e to time near Corpus
Christi, and will claim my first attention after I can get established.
I am, sir, very. respectfiillyj your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A.^ commanding !
The Adjutant: Ge,neb.aL- o/" ^Ae Arrrcy^ '' '^ ' ' ^ '
, ,iv. a. yjr. i .A Washington, D. C.
■ Head-quarters, Army of Occupation,
Corpus Christi, Texas, August 15, 1845.
Sir: I have the honor to report that, by New Orleans papers of
the 7th instant, I have received ititeliigeneei ^^f the preparatory
steps. taken by Mexico towarcfs a- d^eJcl^ration of ':^war against the
United States. I shall spare, nOj-e^xertiopSf^q, meet suitably this
probable change in the relations Jjetwejenj^he. two countries; and
the additional force ordered to jpjn mf,-a^ ann^punced in your com-
munication of July 30, will, i trust, enabl.e me. to do something
more than maintain a iverely d€ifensive attitude on the Nueces.
This will depend upon the demonstrations made by Mexico along
the Rio Grande, in regard to which the Secretary of War has so-
licited a report. I am CAablet^ tqiSay,,uppn infpripation which is
Ex. Doc. No. 60. 99
regarded as authentic, that General Arista was to leave Monterey
on the 4th of this month for Matamoras with 1,500 men — 500 being
cavalry. I learn, from the same source, that there are 500 regular*
troops at Matamoras, In regard to the force at other points on the
Rio Grandq, except the militia of the country, I have no informa-
tion; nor do I hear that the reported concentration at Matamoras
is for any purpose of invasion. I have but just arrived at this
place, and hope in a few days to be able to obtain more full and
precise intelligence concerning the movements of the Mexicans.
I shall not fail to communicate promptly to the department -all
such intelligence upon which I think reliance can be placed.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A.., commanding.
The Adjutant General of the Army.,
Washington) D. C.
P. S.— I enclose a sketch, prepared by Lieutenant Eaton, of
Aransias and Corpus Christi bays, showing our intended depot, and
also our present position — Fort Marcy.
Z. T.
" ■'"'' Head-quarters, Army of Occupation, '
Corpus Christi^ Texas ^ August 15, 1845.
Sir: I have deferred, perhaps, too long making a report of my j
operations,since arriving on this coast; but I have been unwilling
to speak only of difficulties attending the establishment of my force*
and such and so many have been those difficulties, that not until
this moment have I been able to report anything satisfactory in regard
to our movements. After a careful examination — for the most part
personal — of Aransas and Corpus Christi bays, I have settled upon
this point west of the Nueces river, as the most favorable for present
occupation, and have pushed forward the troops and supplies as
rapidly as our means of transportation would permit. I am now
enabled to report that the artillery, the 3d infantry, and seven com-
panies of the 4th infantry, are in position here^ well supplied with
ammunition and provisions. One more company of the 4th (left
temporarily at St. Joseph's island) will join in a day or two. Some
works of defence are in progress; and if I succeed in procuring
some light guns from the sloop of war St. Mary's, (for the field bat-
tery has not yet arrived,) I shall feel able to maintain my position
against any Mexican force that may be brought against it. The
arrival of Graham's companies of the 4th, of the 2d dragoons, and
7th infantry, will doubtless enable me to assume an offensive atti-
tude should it become expedient.
Our last mail (which was saved with difficulty from the wreck of
a schooner on the 13th instant) brought your communications of
July 28 and 30; the latter enclosing a letter from the Secretary of
100 Ex. Doc. No. 60.
War of the same date. I am gratified to find that my measures
thus far have met the approbat'on of the government and general-
in-chief, and, particularly, to find that I have but anticipated the
wishes of the President in taking up a position west of the Nueces.
I have determined to establish my depot, for the present, on the
point of St. Joseph's island, whence supplies can be thrown either
into Corpus Christi or Aransas bay, as may become necessary. Ow-
ing to the shoalness of the water between the two bays, the trans-
portation of troops and supplies has been attended with much de-
lay and expense. Instructions have been given to the quartermas-
ter in New Orleans to procure transports adapted to our purpose,
on the arrival of which our supplies can be thrown forward with
facility and economy.
Nothing has been heard from the 2d dragoons since they marched
from Fort Jesup, except a rumor (which I really hope may prove
unfounded) that Colonel Twiggs had been taken sick, and was
forced to turn back. I am very anxious for the arrival of this re-
giment, as its services are greatly needed for outposts and recon-
noissances. I shall despatch an express to communicate with the
regiment and ascertain its position and condition.
Graham's companies of the 4th infantry were daily expected in
New Orleans at the last advices, and will, doubtless, sail about the
same time with the 7th infantry. I shall bring all the infantry to
this point, except a suitable guard for the depot in my rear, and
probably all the cavalry also, as I do not deem it prudent to de-
tach in our existing relations with Mexico.
I am gratified to be able to report that the troops are more healthy
than could reasonably be expected, considering their great expo-
sure and the inferior quality of the water on the coast. The preva-
lent complaints are not at all serious, and the command is, perhaps,
more healthy than it would have been had it remained at Fort Jesup
and vicinity.
The 4th infantry sailed from New Orleans under convoy of the
*'St. Mary's," sloop-of-war. Captain Saunders. The "Falmouth,"
Captain Sands, and "Lawrence," Captain Jarvis, have also been off
Aransas pass, and their commanders have communicated with me.
I take pleasure in acknowledging my obligations to th^se officers,
for valuable assistance which they have extended to us, and for the
assurances of support and co-operation.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. ^., commanding.
The Adjutant General
Of the Army^ Washington^ D. C.
Head-quarters, Army or Occupation,
Corpus Christi) Texas, August 19, 1845.
Sir: I respectfully enclose, for the information of the depart-
ment, a copy of a letter addressed by me to the President of Texas,
Ex. Doc. No 60 101
and forwarded to him by special express on the 17th instant.
I have deemed it proper to make this communication to Presi-
dent Jones, in consequence of the desire manifested by the
authorities of Texas to have a garrison established, at once, at
Austin. As I cannot consent to detach any portion of my
command, while a superior Mexican force is probably concen-
trating in my front, and as I still feel bound to extend every assis-
tance, compatible with a successful prosecution of the^ main
object of the expedition, towards putting the frontier in a suitable
state of defence, I have judged it prudent to make the suggestions
and recommendations which you will find in the enclosed let-
ter. Trusting that they will meet the approbation of the War De-
partment,
I remain, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A.y commanding.
The Adjutant General
Of the Army, Washington, D. C.
Head-quarters, Army of Occupation,
Corpus Christi, Texas, August 16, 1845.
Sir: I have the honor to report my arrival at this place, in obe-
dience to the special instructions from the War Department, of
which you have already been apprised by my letter, of July 20, to
the Secretary of War and Marine.
One company of artillery and a brigade of infantry are now in
position here, and will soon be reinforced by seven companies of
dragoons and an additional regiment of infantry.
You have undoubtedly received intelligence of the hostile steps
taken by Mexico, and the probable declaration of war against us
by that power. Under these circumstances, I do not deem it pru-
dent to detach any portion of my force at pi-esent, and it is the
principal object of this communication to recommend that any vol-
unteers or spies now in the service of Texas be continued in em-
ployment, should you consider it necessary for the defence of the
frontier. If you concur in this view, I will, at your instance, de-
spatch an officer to muster into the service of the United States any
companies which you may designate as necessary for the security
of the frontier, to conform in numbers and organization to the laws
of the United States. Should such musters be made, I will recom-
mend that the officers and men while in service continue to receive
the same rate of pay which they have drawn from the Texan gov-
ernment.
My presence, and that of my command, is now imperatively re-
quired on this frontier. When our relations with Mexico, and the
state of the service in this quarter, shall permit my absence, I will
take great pleasure in proceeding to the seat of government, and
102 Ex. Doc. No. 60.
conferring with you personally in relation to the proper disposi-
tions to be made for the permanent occupation of the frontier.
I am, sir. very respectfully, your obedient servant, ^ '
Z. TAYLOU;'
\'.i fio Brevet BHg. Gen. U. S. A.^ commanding.
His Excellency Anson Jones,
President of Texas, Washington, Texas.
Head-quarters, Army of Occupation,
Corpus Christiy Texasj August 20, 1845.
Sib: I beg leave to call your attention to the condition of the
artillery company serving in this army, in regard to the number of
men soon to be discharged, and the .necessity of supplying their
places as early in the autumn as practicable.. From' an^' official re-
port of Lieutenant Bragg, it appears that twelve men will be dis-
charged by the end of November, there being now fifty enlisted
men in the company. There will thus, at the end of November, be
fourteen vacancies in the company, vinless some re-enlistments
should reduce the humberj upon which we cannot reckon with any
certainty. To render a company efficient with four pieces^, sixty
men are required; to complete which number, should the general-
in-chief see fit to add a detachment to the company for this service,
twenty-two recruits will be required. . •■ 1
The great importance of keeping this small force ift'^an 'efficient,
condition, will excuse me for urging the hecessity of sending out
good recruits to the company as soon as the advanced season will
render it safe to pass through New Orleans. ^
The field battery, much to my regret, has not yet arrived. I
could get no guns of suitable calibre from the "St, Mary's" sloop-
of-war, but have procured three pieces indifferently equipped, and
a small supply of ammunition, from the citizens of this place. These
guns add materially to our strength in case we should be attacked
here, whith I do not anticipate, but they are not fit for field service.
I cannot doubt that our battery will arrive before it shall become
necessary for us to move.
The 2d dragoons are to-day at Goliad, on the San Antonio river,
and will arrive at San Patricio on the 23(1, where I expect to meet
them. The officers and men are generally well, and the horses are
in quite as good condition as we could expect. We have no hews
of the 7th, or Graham's companies, of the 4th. -^
Caravans of traders arrive occasionally from the Rio Gra!^ndfe,but
bring no news of importance. They represent that therie are no
regular troops on that river, except at Matamoras, and do not seem
to be aware of any preparations for a demonstration on this bank
^^ Ex. D61. No. 60. ^^>^03
of the river. ^ 1' still 3eem' it piy duty Ib^^l^ of
such ah eventj and to brepafe foi* a'fbrwaxd movemedt^. should cir-
cumstances requjre' it. ^^ „' '. ' -",„' -^^ 7
I am,' sir^ very respectfully^ ybtiroVedient ^ertaii?, ■ ■■'?
Srevet'BHg. Qkn. U. S. Ji..lc6m,rdandinic-
The Adjutant- G^NERAS- o/r^^e ..^rmy, ,-.+ 3ir;-i:.;3^^;ii,::i -2>es
■CO is'ili ^^HsiAD-'QUARrE>RS,^ Army OF Occui»ATidNj3^^
i -- '^' '(^or^MS C^r-i^^i^ T^a^aSj ^^Mg-w*^ 26j'i8$5.
■ Sir: I respectfully a,ctn.owIeclge the receipt of your commuuica-
tions of August Q arid p— the. ,forn[jer,hy the hands of Lieutenant
Ringgold, who.arEiyedjKex£yesJ:irda.y. A duplicate of the despatch
. of the 6th has,,aljSo lieeu Jcec^i.A^exl'hy ]p^.air,,as,^ell.as ^ener^T o.rjiers
••^Nos. 37 and 3$.r,^ ;;;.., :^^'_:p^ Vf-o V,,. avi;":^,J;hiB.
In regard to em^gloying Yo,Luateers from, lexas, you wril perceive
/. that I have in pact ajxtieipatf d th^ wisbes of the government in my
' letter of the IGtl^i^Stant, tp Bresicf^nt.; Jones, a copy of which was
^furnished you-on the^ JQitli, .. .In. that CQrapiunicatio;i I looked only
to the defence of the frontier ag.ainM Indian aggressions, but 1 sliall
.j^now communicate with ,!^r,e^iiieAt Joiie's, ^arid ascertain, the aumber
. of volunteers that. qan be cq,nediatb;sejyic.Q in. case of an invasion
- by Mexico, 'aiid .shalj:. ta!|j,e .the n^^essary steps to arm and emjploy
that force should .O^e.s^ife.ty '.of tne^ coi^ntry require it. I feel con-
fident, howevej", th_at-su^ch n;PCessity'.will,no| arise. The three com-
panies of dragoons froiAporAi Waslijitaj^iir afford adeq^uate/protec-
.tion to the countx5j',a,l3'9u| A,us/inj and will, I doubt pot, eh
ultimately to di^en^ ,p'yga\Yi,th/^'lje vef^^m.all.^^^
in service in that quarter. "^ ' -:.-, ; .r •'. %r
Judging fr:o.m. tljQ^bjestj,ij:if|:jrjji^at^on J. can obtain/a^ the future
wants of the-service'on' this ifrohtier,' looking more particularly to
the possibility^ o^ am, ii^::^a«iojp.v.^ ef ^^e-soil of Texas by Mexican
troops, I deein the force s^.o^|^ lo |)i,e u^d^f my orders, viz: fouc bat-
teries of field artill.gry^ qpe',r(Bgi"i}jf|;it of cavalry, and five regiihents
of infantry, to be fUlly a^Vi^uate'to meet any crisis that may arise.
The ordnance and ordnance stores already shipped are ample for all
our purposes, unless indeed it should be necessary to invest Mata-
moras, in whffch eas6 'ft -batfei^tHg t?^in of' heavier calibre would be
required. A jn6'de¥aie^su^'jily'^of |>t>htt>hs and ponton wagons might
; greatly facilitate any ajetiy*. «pejfation^ in this country, w^ere it is
-, next to impossLblQpj;o.,bridgfVth.%istr^^ms, owing tq the scarcity of
..:i timber.- ■■: • \] ,^;:^0' r; ' ■ ''-i r-T, •-. •. v'.- ' :
'i-i J have recei^e4: :sp€Gial,i9y4eri5 jfo^. ^ and 68, assigning -offijbers
\3|of the engipeers,;.4:j$pogr^^ipal, ,6,ngineers,, and ordnance tp;jmy
' command:. tw-(%;^f ^9.^^ <>^;9.fefS, l^i^ujteinants. Scarrit^ and Kings-
bury, have already reported withjig^ojnpgtness.^/. Our greatest want
has been, and still is, a strong and efficient corps of qiiartermas-
104 0,^ Ex. Doc. No. 60.
ters. Captain Cross was necessarily sent with the dragoons, though
under orders from his own department, which would have retained
him at Fort Jesup. I do not consider him as properly belonging to
my command, and shall relieve him from duty on the arrival of the
dragoons. We shall then have four regiments in camp, without
one quartermaster on duty with them. I am informed that Captain
Myers and Ketchum have been ordered to join me, but it does not
seem unreasonable to request that, in addition to a proper supply
of captains, a field officer of rank and efficiency be despatched to
assume direction of that important branch of the public service.
Five companies of the 7th infantry have arrived at St. Joseph's
island, and will join me in a day or two. Graham's companies have
also arrived, and we have reason to expect three companies from
Pensacola in a few days. Two companies of volunteer artillerists,
mustered into service by General Gaines, have reported to me very
unexpectedly^ and as I have made no application for this force,
and do not deem it necessary, I am placed in a rather embarrassing
situation. As they are now here, I think it best, on the whole, to
retain them for a short period, perhaps until the arrival of our own
artillery, when they can be handsomely discharged and sent home.
I met the dragoons at San Patricio on the 24th, and was much
pleased with their efficient condition. They have found ample sup-
plies of forage and water, and the horses are in excellent flesh,
most of them being now fit for any service. The regiment will
probably join me here to-morrow.
I regret to learn that the most false and exaggerated rumors have
prevailed in New Orleans in relation to reported disasters encoun-
tered by this command. These rumors are not onTy calculated to
cause much pain and anxiety in the community, but also to entail
a heavy and needless expense upon the government in procuring
the muster of volunteers, &c. I beg you to understand that, even
with the small force originally under my command, I have had too
much confidence in my officers and men to feel any apprehension
of serious disaster.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brev. Brig. Gen. U. S. A., commanding.
The Adjutant General of the Army^
Washington City.
Head-quaeters, Army of Occupation,
Corpus Christij Texas ^ August 30, 1845.
Sir: I respectfully report the arrival at this point of seven com-
panies of the 7th infantry under Major Brown, and two companies
of volunteer artillery under Major Gaily. Major Seawell's com-
pany, I am informed, was ordered back to Baton Rouge by General
Gaines, and some small detachments of that regiment were also
left at several posts. I have retained one company as a guard for
the depot at St. Joseph's island.
Ex. Doc. No. 60. 105
The battalion of volunteer artillery has a fine battery of eight
pieces — two twelves and six sixes, completely equipped in every
respect. The officers are zealous, and the men seem to be quite
well instructed in their duties. In case of need, I look for valu-
able service from this battalion.
I have just received a communication from President Jones,
under date of the 23d instant, notifying me that he had taken pre-
paratory steps towards organizing a volunteer force of 1,000 men
to assist me if necessary. This matter will form the subject of a
special communication to your office in a few days.
Apprehending that the erroneous impressions current in New Or-
leans in regard to our situation might induce General Gaines to
order the muster of a battalion or brigade of infantry, I addressed
a communication to his staff officer by the steamship Alabama, ex-
pressing my thanks for the reinforcement of the volunteer battalion
of artillery, but with the hope that no more volunteers would be
sent without a requisition from me. That' communication will
reach New Orleans to-night or to-morrow, in time, I trust, to
stop the employment of any more volunteers.
We have no news from the Rio Grande. Idle stories are brought
in from that quarter, but with the means of accurate information
which we now possess, I do not deem it necessary to repeat them.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brev. Brig. Gen. U. S. A., commanding.
The Adjutant General of the Army,
Washington, D. C.
Head-quarters, Army of Occupation,
Corpus Christi, Texas, September 6, 1845.
Sir: I have the honor to report that a confidential agent, de-
spatched some days since to Matamoras, has returned, and reports
that no extraordinary preparations are going forward there; that
the garrison does not seem to have been increased, and that our
consul is of opinion there will be no declaration of war. A decree
had been issued prohibiting, under penalty of death, any commu-
nication, by writing, across the frontier — a precaution which has
been adopted on former occasions, and caused, no doubt, by our
presence here. Nothing definite can be learned in relation to the
march of troops from the interior. A body of 3,000 men was
reported in march to Matamoras, but the information is too vague
to merit much confidence. The agent, who is intelligent, and upon
whose statements a good deal of reliance may, I think, be safely
placed, says that the mass of the people, with whom he mingled, is
opposed to a war with us, and that if war be declared, the frontier
departments of Tamaulipas, Coahuila, and Nuevo Leon, will
probably declare themselves independent of the central govern-
ment and establish pacific relations with us.
This is the substance of the information brought from Mata-
106 Ex. Doc. No. 60.
moras. Notwithstanding its character, I shall not relax my exer-
tions to prepare for active operations and a state of war with
Mexico. I must express the hope that no militia force will lie or-
dered to join me without my requisition for it. , I am entirely con-
fident that none will be required.
I am, sir, very respectfully, your obedient servant,
,^.; iv.^.; ; Z. TAYLOR,
Brevet Brigadier General U. S. A.\ commanding.
The Adjutant General of the Army^
Washington^ D, C.
Head-quarters, Army or Occupation, '^^■^^
Corpus Christij Texas, September 14,'184S.
Sir: I respectfully acknowledge the following communications
from the Secretary of War^one of August 23, conveying the, in-
structions of the department in relation to the employment of vol-
unteers from the United States; one of August 26, enclosing copies
of circulars to the governors of Louisiana, Alabama, and Missis-
sippi; and two of August 30, giving further instructions for my
government, and enclosing copies of instructions to Commodore
Connor, and of a letter of August 28 to Major General Gaines;
also, your communications of August 26 and 30- enclosing a copy
of the same letter to General Gaines, and desiring more frequent
communications from my head-quarters.
I now regret that I suffered the interval between July 28 and
August 15 to elapse without making any report to your office; but
I was incessantly occupied, during that 'time, in examining the
Gbuntry, and afterwards in making an establishment at this point,
and could not have reported anything important, of a positive na-
ture, until my arrival here. Could I have imagined the possibility;
of such extravagant rumors as prevailed in New Orleans, and,i
above all, that they could gain credence in the public mind, w.he^i!
the same means of communication brought no report from me, Ij
would certainly have apprized the department, by every opportu-j
nity, of our operations, unimportant as they might have seemed.
No intelligence, worthy of credit, was received from the Rio
Grande, until just before my report of August 15. Since that date
I have kept the department advised, at short intervals, of our situa-
tion and the news from the frontier.
In view of the large reinforcements of regular troops ordered to
join me, I cannot believe that it will become necessary, under any
circumstances, to employ volunteers^ from the United States, In
reply to my communication, of August 16, to President Jones, a
copy of which was forwarded to your office, the President ipdicated
a few companies of rangers, amounting in all to about 300 mien, as
proper to be mustered into the service for the protection of the
frontier. I have accordingly given orders for the muster of one
company at Austin and one at Bexar. A company at this place,
Ex. Doc. No. 60. '^"107
and 6hh at Goliad, are desig^tiated by the President, and will be
mustered when their enrolment is completed. Three small detach-
ments, of 30 men each, are to be considered in service, but cannot,
from their position, be conveniently mustered at present. It will
be recollected that when I addressed the president of Texas on this
subject, I could not anticipate the transfer of dragoons from Fort
Washita; and although two of the companies indicated above
might, perhaps, be dispensed with, I think it best, from motives of
policy, to retain them for three months, the term for which all are
to be mustered. You will see from ray "special orders," No. 14,
that I have directed two of the three companies from Red river to
San Antonio, retaining one at Austin. With a company of mounted
rangers at each place, the frontier will be secure from insult. The
commander of the rangers at San Antonio, Major Hays, has repu-
tation as a partisan, and to him I have specially intrusted the duty
of keeping me advised of any movements on the Rio Grande in the
neighborhood of Laredo, with strict injunctions, however, to molest
no Mexican establishments on this side of the river. Should San
Antonio be serioiisly menaced, it can be readily succored from this
point. A route will be immediately opeaed hence to San Antonio.
I would at once put a larger force in that town, but for the diffi-
culty of supplying it.
"An examination is now making by an officer of engineers of the
country in our front, chiefly to select suitable sites for encampments,
should it become necessary to winter in this neighborhood. The
great scarcity of wood will render it necessary, in that case, to
change our position. Reconnoissances will soon be made of the
Nueces and the Laguna Madra, to ascertain their navigability, and
the facility of establishing depots in the event of a forward move-
ment to the Rio Grande.
We have no news of interest from the frontier. Arista, at the
last accounts, was at Mier, but without any force; nor is there, as
yet, any concentration of troops on the-river. A report reached San
Antonio, a few days since, that preparations were making to receive
troops at Laredo. This I consider very doubtful; but if troops
arrive there, I shall expect to receive early information of the fact
from S'an Antonio.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brigadier General U. S. i^., commanding.
sn The Adjutant General of the Army, ^^ ■ -• --is:-5tf0o
\h v ; -. Washington^ D. CX'-) '""^'' '-'^•'
, Head-quarters, Army OF Occupation, ;'
Corpus Christij Texas,' October 4: j 184^5.
Sir: I beg to leave suggest some considerations in relation to the
present position of our force, and the dispositions which may be-
cbiRife necessary for the more efF^ttual prosecution of the objects for
108 Ex. Doc. No. 60.
which it has been concentrated. It will be recollected that the in-
structions of June 15, issued by Mr. Bancroft, then acting Secre-
tary of War, directed me to " select and occupy, on or near the Rio
Grande, such a site as will consist with the health of the troops
and will be best adapted to repel invasion," &c. Brazos Santiago'
IS the nearest entrance to the mouth of the Rio Grandej and Point
Isabel, within that entrance, and twenty-one miles from Matamo-
ras, would have fulfilled more completely than any other position
the coriditions imposed by the Secretary. But we had no artillery
no engineer force or appliances, and but a moderate amount of in-
fantry; and the occupation of Point Isabel, under these circum-
stances, and with at least the possibility of resistance from the
Mexicans, might have compromised the safety of the command. I
therefore determined to take up the next accessible position in the
rear, which is the mouth of the Nueces river. All the information
which I could obtain before leaving New Orleans, seemed to point
to Corpus Christi as the most suitable point for concentration; and,
although before the President's instructions of July 30 reached me,
I would have preferred a position on the left bank of the river, yet
a careful examination of the country had already convinced me that
none could be found combining so many advantages as this. Every
day's experience has confirmed these impressions. Corpus Christi
is healthy, easily supplied, and well situated to hold in observation
the course of the Rio Grande from Matamoras to Laredo— being
about 150 miles from several points on the river. I have reason to
believe, moreover, that a salutary moral effect has been exercised
upon the Mexicans. Their traders are continually carrying home
the news of our position and increasing numbers, and are confess-
edly struck by the spectacle of a large camp of well-appointed and
disciplined troops, accompanied by perfect security to their per-
sons and property, instead of the impressment and pillage to which
they are subject in their own country. For these reasons, our posi-
tion thus far has, I think, been the best possible; but, now that the
entire force will soon be concentrated, it may well be a questioiv
whether the views of government will be best carried out by oui-
remaining at this point. It is with great deference that I make any
suggestions on topics which may become matter of delicate negotia-
tion; but if our government, in settling the question of boundary,'
makes the line of the Rio Grande an ultimatum, I cannot doubt that
the settlement will be greatly facilitated and hastened by our taking
possession at once of one or two suitable points on or quite near
that river. Our strength and state of preparation should be dis-
^v, 1y ^^ ^ manner not to be mistaken. However salutary may be
the effect produced upon the border people by our presence here,
we are too far from the frontier to impress the government of Mex-
ico with our readiness to vindicate, by force of arms, if necessary,
our title to the country as far as the Rio Grande. The "army of
occupation" will, in a few days, be. concentrated at this point, in
condition for vigorous and efficient service. Mexico having as yet
made 4M^positive declaration of war, or committed any overt act of
hostilities, I do not feel at liberty, under my instructions, particu-
Ex. Doc. No. 60. 109
arly those of July 8, to make a forward movement to the Rio
>rande without authority from the War Department.
In case a forward movement should be ordered or authorized, I
ffould recommend the occupation of Point Isabel and Laredo as
)est adapted to the purposes of observing the course of the river and
covering the frontier settlements of Texas. Point Isabel is acces-
iible by water, and can be safely occupied by two brigades of infan-
;ry, with a suitable force of field artillery. On the arrival of the
iteamer Harney, I shall order a careful reconnoissance of Brasos
jjantiago, as a necessary preliminary measure to the occupation of
Point Isabel. To occupy Laredo will require a land march from
jthis point. Supplies may probably be transported by water as high
as San Patricio, and possibly to the junction of the Rio Frio with
the Nueces. I propose to establish a depot on the Nueces river,
probably at the crossing of the San Antonio and Laredo road, from
which to operate towards the Rio Grande. You will perceive from
my " special orders" No. 24, that a reconnoissance has been ordered
in that direction. A brigade of infantry, with the cavalry, and a bat-
tery or two of field artillery, will be sufficient for the occupation
of Laredo. That town is on the left bank of the Rio Grande, and
possesses the military advantage of holding in observation the maia
route from the interior of Mexico through Monterey to Matamoras.
In case it should be found impracticable to establish a suitable
depot on the Nueces, the entire force, after strengthening San An-
tonio, might be thrown forward to Point Isabel, where it could be
readily supplied, and held in readiness for any further service.
I have deemed it my duty to make the above suggestions. Should
they be favorably considered, and instructions based upon them, I
will thank you to send the latter in duplicate to Lieut. Colonel
Hunt — one copy to be despatched direct, without delayj the other
to be sent via Galveston, should a steamer be running to that port
from New Orleans.
I am, sir, very respectfully, your obedient servant,
' Z. TAYLOR,
Brevet Brig. Gen. U. S. A., commanding.
\ The Adjutant General of the Army,
Washington, B.C.
P. S. — It is proper to add, that, should any auxiliary force be
required, I propose to draw it wholly from Texas. I do not con-
ceive thai it will become necessary, under any circumstances, to
call for volunteers from the United States.
Head-quarters, Army of Occupation,
Corpus Christi, Texas, October 11, 1845.
Sir: I respectfully report the arrival at St. Joseph's island, on
the 9th instant, of five companies of the 5th infantry, under Lieu-
tenant Colonel Mcintosh, two companies of the 8th infantry, under
Captain Montgomery, and one company of the 7th infantry, under
110 Ex. Doc. No. 60.
Brevet Major Seawell. Lieutenant Colonel Mcintosh's command
(of 17 officers and 239 men) arriTed here to day. These troops
are in good health, and complete the entire number ordered to this
coast. I feel a satisfaction, which I cannot doubt will be shared
by the department, in being able thus to report the completion,
without disaster or notable accident, of the transfer of 59 many
bodies of troops from remote points to this coast at an unfavorable
season of the year. 1
Lieutenant Colonel Payne will be announced in orders to-raorrow i,
as acting inspector general of this army. I shall assign Major
Ewing to the command of the field batteries, leaving Brevet. Lieu-
tenant Colonel Childs in command of the battalion of artillery ;
companies in the 1st brigade. . : i
In regard to the discharge of the volunteer artillery frqm.New^ j
Orleans, I would respectfully remark that their term of service
will soon be drawing to a closej and as their service here has been
most creditable to them in every respect, and they would feel a
mortification in being summarily discharged, I would ask l^ave to j
retain them until such a time .as will allow them to reach New . >
Orleans by the expiration of the period for which they were mus-
tered.
You will, I hope, readily appreciate the motives of policy which ,
may, in the long run, render their detention an absolute benefit to
the public service. I need hardly say that I much regretted their
employment in the first instance; but, under all the circumstances
of the case, I think it best to keep them for the short period of
their term which yet remains. The excellence of their discipline
and instruction has won the most favorable opinions from the offi-
cers here.
Recent arrivals from the Rio Grande bring no news or informa- i
tion of a different aspect from that which I reported in my last. >
The views expressed in previous communications relative to ,the
pacific disposition of the 'border people on both sides of the river,
are continually confirmed. ;
I am, sir, very respectfully, your obedient serv^ant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A.^ commanding.
The Adjutant General of the Army,
Washington^ D. C.
Head-quarters, Army of Occupation,
Corpus Christij Texas, October 15, 1845.
Sir: I respectfully enclose the return of the army of occupation
for July. At the end of that month all the corps of the army
had not reached Texas, some of them being yet at sea; which is
the reason that no return was furnished at the proper time.
All the troops destined for this point are now in position here,
except Major Ringgold's company, which is expected daily from
St. Joseph's island. The morning report of to-day exhibits an ag-
Ex. Doc. No. 60. Ill
gregate present of 3,733, which Ringgold's company and an absent
detachment of cavalry wilT increase to 3,860. Captain Burk's
company i-emains as a guard at St. Joseph's island.
Three hundred recruits are now wanted in the regiments and de-
tachments here; which number, I can hardly doubt, will be in-
creased to nearly five hundred by the close of the year. I hope
measures may be taken to supply the requisite number of recruits,
or as many as can be spared, from the depot.
The utmost activity prevails in the instruction of the brigades
Iknd regiments. Colonel 'Whistler's brigade commenced to-day
with evolutions of the line, and will be followed by the others as
rapidly as possible. Several of the regiments have been so long
cut up in small detachments as to render it necessary to dwell for
some time upon the school of the battalion before proceeding to
the higher manoeuvres.
I have nothing of interest to report from the frontier.
I am, sir, very respectfully, your obedient servant,
' ^ Z. TAYLOR,
Brevet Brig. Gen. U. S. A., commanding.
The Adjutant G.ENi^RAL o/ Me ^rmy,
« Was king ton J D. C.
Head-quarters, Army of Occupation,
Corpus Christij Texas, JVovember 7, 1845.
Sir: I respectfully enclose a copy of a letter from Commodore
Connor, commanding the home squadron, which I receive^ by the
"Saratoga," sloop pi' war, on the 5th instant. The intelligence.,
communicated by the oommf)dore will, doubtless, reach the seat of";,
government long before the receipt of this letter.
The communication from the Secretary of War, dated October i6, .
was received and acknowledged on the 1st and 2d instant. I pur-
posely deferred a detailed reply to the various points embraced in
that communication until I could receive an answer to mine of Ocj-
tober 4, which covered (at least in part) the same ground. The in-,^^
telligence from Mexico, however, tends to modify, in some degree,/,
the views expressed in that communication. The position now oc-
cupied by the troops may, perhaps, be the best while negotiations
are pending, oPyatany rate, until a disposition shall be manifested
by Mexico to protract them unreasonably. Under the supposition
that such may be the view of the department, I shall make no move-
ment from this point, except for the purpose of examining the coun-
try, until further instructions are received. You will perceive,
from ray orders, that reconnoissances. are almost constantly in the
field, the officers of engineers and topographical engineers render-
ing valuable service on those duties. I refer you to the reports
made by those officers to the chiefs of tl eir own bureaux for the
information which is thus procured in relation to the country. An
examination of the harbor of Brazos Santiago will be ordered in a
112 Ex. Doc. No. 60.
few days — as soon as a proper vessel shall become disposable for
that service.
In case no movement is made this season towards the Rio Grande,
I may find it necessary to detatch a portion of the army a short dis-
tance into the interior, where wood can be more readily procured
than here. But in no case do I deem it necessary to hut the troops.
Sheds, with platforms, on which to pitch the tents, were extensive-
ly used in camps of position in Florida, and will, I cannot doubt,
form a sufficient protection here.
On the hypothesis of an early adjustment of the boundary, and
the consequent establishment of permanent frontier posts, I cannot
urge too strongly upon the department the necessity of occupying
those posts before the warm weather shall set in. A large amount
of sickness is, I fear, to be apprehended, with every precaution that
can be takenj but the information which I obtain leads me to be-
lieve that a summer movement would be attended with great ex-
pense of health and life. As in Florida, the winter is the best
season for operations in Texas.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. ji., commanding.
The Adjutant General of the Army, •
Washington J D. C.
U. S. Ship Falmouth,
Off Vera Cruz, October 24, 1845.
General: I hasten to inform you that the Mexican g(7vernment
has accepted the proposal made by that of our country to arrange
the existing difficulties by negotiation. This information left here
for Washington yesterday, by Mr. Parrott, and we may conse-
quently soon expect an envoy to be sent out from the United
States. I deem it advisable you should be thus early apprized of
this change in the state of our relations.
No troops have marched towards the frontier for a length of
time^ and I am told by Mr. Parrott, who left Mexico a few days
since, that many of Arista's officers had returned to that city in a
a state of utter poverty.
I have the honor to be, your obedient servant,
D. CONNOR,
Commanding Home Squadron.
Brigadier General Taylor,
Commanding Army of Occupation.
Head-quarters, Army of Occupation,
Corpus Christi, TexaSj November 8, 1845.
Sir: I beg leave to call your attention to the present condition
of our communications with the United States.
Ex. Doc. No. 60. 113
While in New Orleans, I represented the necessity of a despatch
vessel — a steamer, if practicable — to ply between our position and
New Orleans. I was informed from your office, under date of July
30th, that measures had been taken to supply the want, and under
date of August 23d, from the War Office, that the " On ka-hy-e,^"^
the " Harney ^'''' and the " Dolphin^'''' would be put into the service
as despatch vessels for the above purpose. Of all these vessels,
the " On-ka-hy-e" alone has reported to me; and her degree of
utility for this particular service may be judged from the fact that
she sailed from Aransas pass more than a month since for Mobile
and New Orleans, and has not yet returned. In fact, she is a dull
sailer, and .vholly unfit for the purposes for which she was sent
out. By a report received yesterday from the commander of the
" Harney," it appears that she is now lying in the Mississippi
river, and that her boiler is in such condition that it is deemed
entirely unsafe for her to go to sea. Of the " Dolphin" I have
heard nothing.
., It thus appears that the means provided for keeping up a regular
and frequent communication with the army of occupation have
proved totally inadequate. The necessity of such a communication
is BOW much greater than when I first addressed you on the subject,
and I must respectfully request that some efficient arrangement be
made by which our mails may be received and sent with at least
tolerable regularity. For this purpose it is necessary to have a
good seagoing steamer entirely under the control of the quarter-
master's department. If the " Harney," or the '' General Taylor,"
which once belonged to that department, can be returned to it
again, I have little doubt that either of them would answer the
purpose. New Orleans should, by all means, be the port of de-
parture; and the public freight which a vessel of the kind could
bring would go far to pay her expenses.
In the event of a forward movement to the Rio Grand.ewith any
possibility of hostile operations, a small armed vessel would be
indispensable to cover the depot which would in that case be
established at Brazos Santiago, as well as our landing at that point.
And I would suggest at any rate, that until the most perfect friendly
relations are again established with Mexico, a naval vessel of the
above description be placed under my orders.
I have to acknowledge your communication of October SOth,
with enclosures relative to a charge against Brevet Major Beall;
copy of your communication of October 21st to late Lieutenant
Quimby, 7th infantry; certificate of disability in the case of Ser-
geant Branton, company B, 2d dragoons; '^general ordeis" No. 48;
and "special orders" Nos. 101 and 102.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A.^ commanding.
The Adjutant General or the Army,
Washington^ D. C.
8
114 Ex. Doc. No. 60.
Head-quarters, Army of Occupation,
Corpus Christi^ Texas, J^'ov ember 19, 1845.
Sir: By a report from Major Fauntleroy, 2cl dragoons, command-
ing at San Antonio, dated the 1st instani, it appears that, upon the
requisition, or at the suggestion of a Major Neighbors, represented
to be an "Indian agent" under the government of Texas, he des-
patched a party from his command, on the 30th of October, under
the direction of said agent, to arrest some Camanches who were in
the Lipan camp, not far from San Antonio, and who were reported
by the Lipans to have committed some depredations near Corpus
Christi. The Camanches suffered themselves to be taken without
resistance, but afterwards suddenly broke from the guard, and
made their escape. The guard, agreeably to orders, fired upon
them, and wounded two of the number, there being six or eight
in all.
This circumstance is greatly to be regretted, and may be the
germ of serious difficulty on the Indian frontier. My instructions
to Major Fauntleroy have been very pointed — to exercise great
caution in all matters relating to alleged Indian depredations. In
the present case, the reports against the Camanches were entirely
false — at least, no depredations have been committed by them near
Corpus Christi, to my knowledge; and, even if true. Major Faun-
tleroy had no evidence of the facts sufficiently strong to warrant
him in the course he took. The moment that the service will
permit my absence from the main army here, I shall visit San
Antonio and Austin, with a view to adopt such measures as may
be required by the public interest in that quarter. In the mean-
time, I shall give such instructions to Major Fauntleroy as will
prevent a recurrence of such hasty and ill-judged proceedings
hereafter.
I have already reported to the department the steps which I have
found it necessary to take for the protection of the Indian frontier
of Texas: and that I deemed it advisable for that purpose to
muster into service a few companies of rangers. These companiies
were mustered into service for three months; and their respective
terms will expire about the end of the year. Should the present
pacific aspect of our Mexican relations continue, it will not be
necessary to continue this force in service, except possibly one
company as guides. It will then become necessary to strengthen
the regular force on the frontier; and, to avoid useless marches
and expense, I would respectfully ask to be informed, if consistent
with propriety, what corps are destined for the permanent occupa-
tion of Texas on a peace establishment. Such corps can then be
placed in position at once, at a time when they are most wanted,
and when they can establish posts with least prejudice to health.
San Antonio, Austin, and, perhaps, an intermediate point on the
Guadaloupe, must be military stations; and the sooner they are
occupied by the regular garrisons who are destined for that service,
the better. A large force of cavalry cannot be sustained on the
frontier witLout very heavy expense at this time; and I would not
Ex. Doc. No. 60. 115
at present add more than one to the number of companies already
there. Infantry may be subsisted at a comparatively small rate.
Recent arrivals from the Rio Grande bring.no news whatever.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A.^ commanding.
The Adjutant General of the Army.,
Washington, D. C.
Head-quarters, Army of Occupation,
Corpus Christif Texas., January 7, 1846.
Sir: For the information of the general-in-chief and War De-
partment, I make the following extract from a private letter lately
received at this place from our consul at Matamoras, and dated
December 24, 1845:
" Our accounts from the interior are, that General Paredes, at
San Luis, is about rising against the government; it is given out
that he and his party are against treating with the United States.
Our minister, Mr. John Slidell, of New Orleans, has arrived at
Mexico; so, if the revolution does not break out, we shall shortly
have a treaty, I hope. General Arista rests quiet, to see, perhaps,
what success attends General Paredes. In this part of the country
the people are in favor of peace, and, I should judge, of a treaty
with the United States, but a considerable excitement has been
produced by the news from General Paredes.
********
" A little schooner (the Susanna, of New Orleans,) has come in
here in distress. She was seized by our custom-house, and the
captain was imprisoned, but is released upon bail. I have for-
warded some documents to Mexico respecting her."
We have intelligence from Matamoras as late as the 1st instant,
to the effect that a courier had arrived from the interior, bringing
the news that Paredes, with a large force, was within thirty leagues
of the city of Mexico; that much excitement prevailed in Mata-
moras in favor of Paredes, and against Herrera. It is also stated
that the officers of the garrison had declared for Paredes. I look
with great anxiety for further news from Mexico.
The above intelligence is received from Matamoras. We have
many arrivals from other points on the river, but they bring no in-
telligence of interest. A recent scout of volunteers from San An-
tonio struck the river near Presidio, Rio Grande, and the comman-
der reports everything quiet in that quarter.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A., commanding.
The Adjutant General of the Army,
Washington, D. C.
116 Ex. Doc. No. 60.
Head-quarters, Army of Occupation,
Corpus Christi, Texas^ February 4, 1846.
Sir: I respectfully acknowledge the communication of the Sec-
retary of War, dated January 13th, and containing the instruc-
tions of the President to move forward with my force to the Rio
Grande. I shall lose no time in making the necessary preparations
for carrying out those instructions.
The occupation of Point Isabel or Brazos Santiago as a depot
"will be indispensable. That point and a position on or near the
river opposite Matamoras will I think answer all present purposes.
At any rate, I shall not separate my force further until the position
of affairs shall render it entirely safe to do so.
I propose to abandon this position entirely, as soon after our
march as the stores, hospital, &c., can be transferred to St. Joseph's
island. It will not be necessary to keep up an establishment at
that point for the present, although our supplies will come to Point
Isabel direct from New Orleans.
In reply to the call of the Secretary for information as to what
means, if any, will be required '' to enforce and maintain our com-
mon right to navigate" the Rio Grande, I would respectfully state
that, until I reach the river and ascertain the condition of things
in the frontier States of Mexico, temper of the people, &c., 1 can-
not give any satisfactory answer to the question. I have every
reason to believe that the people residing on the river are well
disposed towards our government. Our advance to the Rio Grande
will itself produce a powerful effect, and it may be that the com-
mon navigation of the river will not be disputed. It is very im-
portant to us, and will be indispensable when posts are established
higher up, as must ultimately be the case.
I shall not call for any militia force in addition to what I already
have, unless unforeseen circumstances shall render its employment
necessary.
I beg leave again to call the attention of the department to the
aecessity of having our movement and position at Brazos Santiago
covered by a small armed vessel. I deem this vitally important,
and hope it will meet with favorable consideration.
We have no news from the interior of Mexico more recent than
that derived from the New Orleans papers of the 26th January.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A.^ commanding.
The Adjutant General of the Army^
Washington, D. C.
Head-quarters, Army of Occupation,
Corpus Christi, Texas, February 16, 1846.
Sir: I respectfully report that I received last evening by the
sloop-of-war " St. Mary's" a communication from Commodore
Ex. Doc. No. 60. 117
Connor, commanding the home squadron, dated the 4th instant, in
which he announces his intention to proceed with tiie squadron to
Vera Cruz, and desires to know in what way he can co-operate
•with the land force under my command. I have informed the
commodore that I am about to move to the Rio Grande under in-
structions from the War Department, and have desired him to give
me the support of one or two small vessels to assist us, if necessary,
in taking possession of Brazos Santiago, and at all events to cover
the establishment of a depot at that point. I deem this co-opera-
tion very opportune and necessary, and am gratified to obtain it.
Commodore Connor will be enabled, at the same time, to communi-
cate directly with me and furnish the latest intelligence from Vera
Cruz and the city of Mexico.
Examinations are now in progress of the two routes to Point
Isabel — that by the main land and that by Padre island. The re-
ports of the officers charged with them will determine the route of
march. Our train, which is necessarily very heavy, is rapidly or-
ganizing, and we shall be able to commence the movement abr.ut
the 1st of March.
Many reports will doubtless reach the department, giving exag-
gerated accounts of Mexican preparations to resist our advance, if
not indeed to attempt an invasion of Texas. Such reports have
been circulated even at this place, and owe their origin to personal
interests connected with the stay of the army here. I trust that
they will receive no attention at the War Department. From the
best information I am able to obtain, and which I deem as authentic
as any, I do not believe that our advance to the banks of the Rio
Grande will be resisted. The army, however, will go fully pre-
pared for a state of hostilities, should they unfortunately be pro-
voked by the Mexicans.
I am, sir, very respectfully, your obedient servant.
Z. TAYLOR,
Brevet Brig. Gen. U. S. A., commanding.
The Adjutant General of the Army^
Washington, D. C.
Head-quarters, Army of Occupation,
Corpus Christij Texas, February 26, 1846.
Sir: I have to report that the preparations for a forward move-
ment of this command are now nearly completed. The examina-
tions spoken of in my report of the 16th instant have shown the
practicability of both routes — by the main land and by Padre
island. The reconnoisance of Padre island extended to its southern
extremity, and included the harbor of Brazos Santiago and Point
Isabel; that of the main route reached to a point near the Little
Colorado. A depot, with four days' forage, and subsistence for the
army, will be thrown forward some forty miles, to the Santa Ger-
trudes. A detachment of two companies, to establish and cover
118 Ex. Doc. No. 60.
this depot, will march, on the 28th, under Brevet Major Graham.
In about a week thereafter, say the 7th of March, the cavalry will
inarch, to be followed, at intervals of one day, by the brigades of
infantry. By the 25th of March, at latest, I hope to be in position
on the Rio Grande.
I have taken occasion to represent to some citizens of Matamo-
ras, who were here with a large number of mules for sale, and who
are represented to have considerable influence at home, that the
United States government, in occupying the Rio Grande, has no
motive of hostility towards Mexico, and that the army will, in no
case, go beyond the river, unless hostilities should be commenced
by the Mexicans themselves; that the Mexicans, living on this side,
will not be disturbed in any way by tli^ troops; that they will be
protected in all their rights and^ usages; and, that everything which
the army may need, will be purchased from them at fair prices. I
also stated that, until the matter should be finally adjusted between
the two governments, the harbor of Brazos Santiago would be
open to the free use of Mexicans, as heretofore. The same views
were impressed upon the Mexican custom-house officer at Brazos
Santiago, by Captain Hardee, who commanded the escort that cov-
ered the reconnoissance of Padre island.
We are entirely without news of interest from the frontier, or
the interior of Mexico; our latest date from the capital being the
21st of January, and the same from Vera Cruz.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. Jl., commanding.
The Adjutant General
Of the jirmy, Washington, D. C.
^Head-quarters, Army of Occupation,
Corpus Christi, Texas, March 8, 1846.
Sir: I respectfully report that the advance of the army, com-
posed of the cavalry and Major Ringgold's light artillery, the
whole under the command of Colonel Twiggs, took up the line of
inarch this morning, in the direction of Matamoras; its strength
being 23 officers, and 378 men. The advance will be followed in
succession by the brigades of infantry, the last brigade marching
on the 11th instant. The roads are in good order, the weather
line, and the troops in excellent condition for service.
Major Munroe will embark for Brazos Santiago in season to
reach that harbor about the time the army will be in the vicinity
of Point Isabel. He takes with him a siege train and a field bat-
tery. Captain Sanders, of the engineers, the officers of ordnance,
and the pay department, accompany Major Munroe.
The movement, by water, to Brazos Santiago, will be covered
by the revenue cutter " Woodbury," Captain Foster, whose com-
mander has kindly placed her at my disposal for this service.
. Ex. Doc. No. 60. 119
All proper arrangements have been made by the staff depart-
ments for supplying the army on the route, as well as establishing
a depot for its further wants at Point Isabel.
I have deemed it proper to cause my "orders" No. 30, to be
translated into Spanish, and circulated on the Rio Grande. Sixty
copies have already been sent in advance of the army to Mata-
moras, Camargo, and Mier. This form of giving publicity to the
spirit Avhich actuates our movement, in occupying the country, I
thought preferable to a proclamation. I trust the order itself will
meet the approval of the department. A few copies of the trans-
lation are herewith enclosed.
I shall again communicate with general head-quarters before I
march, and I expect to do so, at least, once on the route.
My head-quarters will march with the rear brigade, but will soon
pass to the advance of the army.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A , comd''g.
The Adjutant General
Of the Army, Washington, D. C.
QuARTEL General, Exercito de Ocupacion,
Corpus Christi, 8 de Marzo de 1846.
Orden No. 30.
El exercito de ocupacion en Tejas, estando ya para tomar po-
sicion sobre la banda izquierda del Rio Grande, bajo las ordenes
del Executivo de los Estados Unidos, el general en gefe desea es-
presar la e<3peranza que el movimiento sera provechoso a todos los
interesados, y para cumplir exactamente con un fin tan laudable,
ha mandado a, todos de su mando, que mantengan, bajo el mas es-
crupuloso respeto, los derechos de los habitantes que se encuentren
en ocupacion pacifico de sus respectivos avocaciones, tanto sobre
la banda izquierda, como la derecha del Rio Grande. Bajo ningun
pretesto, ni de cuelesquiera manera, se ha de entremeter en los de-
rechos civiles, ni los priviiegios religiosos de los habitantes^ pero
siernpre mantendra el mayor respeto a ambos.
Cualesquiera cosa que se necesite para el gasto del exercitOj
sera comprado por el provedor, y pagado a los mejores precios.
El general en gefe tiene la satisfaccion de decir, que tiene confi-
anza en el patriotismo y la disciplina del exercito bajo su mando y
esta seguro de que sus ordenes seran obedecidos con la mayor ex-
actitud.
Z. TAYLOR,
Bt. Bd. Gen. en Gefe, exercito de los Estados Unidos.
1-20 Ex. Doc. No. 60
[Translation.]
Head-quarters, Army of Occupation,
Corpus Chrisii, March 8, 1846.
Order No. 30.
The army of occupation of Texas' being now about to take a po-
sition upon the left bank of the Rio Grande, under the orders of
the Executive of the United States, the general-in-chief desires to
express the hope that the movement will be advantageous to all
concerned^ and with the object of attaining this laudable end, he
has ordered all under his command to observe, with the most scru-
pulous respect, the rights of all the inhabitants who may be found
in peaceful prosecution of their respective occupations, as well on
the left as on the right side of the Rio Grande. Under no pretext,
nor in any way, will any interference be allowed with the civil
rights or religious privileges of the inhabitants; but the utmost
respect for them will be maintained.
Whatsoever may be needed for the use of the army will be bought
by the proper purveyor, and paid for at the highest prices. The
general-in-chief has the satisfaction to say that he confides in the
patriotism and discipline of the army undgr his command, and
that he feels sure that his orders will be obeyed with the utmost
exactness.
Z. TAYLOR,
Brevet Brisc- Ge7i. U. S. A., commanding.
Head-quarters, Army of Occupation,
Corpus Christi, Texas, March 11, 1846.
Sir: I have respectfully to report that the last column of the
army marched this morning, to be followed by the head-quarters
in a few hours.
I enclose a field return of the army, exhibiting its actual march-
ing strength. Major Munroe's company, which goes round by
water, is not included. The weather continues favorable, and
everything promises well for our march.
Please address me as usual, to the care of the quartermaster in
New Orleans.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brev. Brig. Gen. U. S. A.^ commanding.
The Adjutant General of the Army,
Washington, D. C.
Ex. Doc. No. 6iP. 121
Head-quarters, Army of Occupation,
Camp at, Los Pinfos, route to Matamoras^
31 miles from Corpus Christi, March 12, 1846.
Sir: I respectfully report that the United States brig Porpoise
arrived yesterday off Aransas. Her commander, Lieutenant Hunt,
has been ordered by Commodore Connor to communicate with the
army, and render us all the aid in his power. I gladly avail ray-
self of this vessel, in conjunction with the cutter "Woodbury," to
convoy our transports to Brazos Santiago, and assist Major Mun-
roe's command in effecting a landing and establishing a depot in
that harbor.
Commodore Connor writes by the brig Porpoise, from Vera
Cruz, under date of March 2d. I enclose an extract of so much
of his letter as relates to Mexican affairs. I have nothing of inte-
rest to communicate from the frontier, except the enclosed procla-
mation of General Canales, which, so far as I know, had not at the
last advices been made public on the Rio Grande. It was put in
my hands just as I was leaving Corpus Christi, or it would have
been forw^arded from that place.
The different columns are advancing with great regularity, and
without any obstacle worthy of note. I have passed the rear
brigade, and hope to encamp to-morrow with General Worth's,
which is now fourteen miles in my advance, I shall overtake the
cavalry before it reaches the Little Colorado.
I have to acknowledge your communications of February 24th
and 26th; your letter to Colonel Twiggs of February 23d; the
communications of Lieutenant Garnett of January 29th and Febru-
ary 9th, returned as contrary to regulations; and "special orders"
Nos. 12 to 15 inclusive.
I am, sir, very respectfullv, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. ^., commanding.
The Adjutant General of the Army,
Washington^ D, C.
[Extract.]
U. S. Ship Falmouth,
Off Vera Cruz, March 2, 1846.
As I have but little intercourse with the shore at this place, my
means of obtaining information as to passing events are conse-
quently very limited. From the papers published in the city of
Mexico, I learn that General Almonte has resigned the office of
Minister of War and Marine, and has been succeeded by General
Tornel. The government has been for some time endeavoring to
obtain (but without success) a loan of nearly .two millions of dol-
lars, for which the property of the church.was offered as security.
122 Ex. Doc. No. 60.
i
I
The papers of the capital also state that within the last ten days
a force of nearly eight thousand men, including a large portion of
the garrison of Mexico, has marched for the northern frontier. I
attach little credit to the statement. It is the general opinion here
that the present state of affairs cannot last for any length of time.
With the exception of the military, the recent revolution is re-
ceived by all classes with much dissatisfaction. Even a union of
the federalists with the Santa Annaists is spoken of as probable
for the overthrow of the present party.
Mr. Slidell is still at Jalapa; and, though unlikely as it may ap-
pear, I have it from very good authority that it is probable he will
yet be received by the Mexican government.
I am, very respectfully, your obedient servant,
D. CONNOR,
Commanding home squadron.
Bfig. Gen. Z. Taylor,
Commanding army of occupation^ Texas.
[Translation.]
AntoJiio Canales^ brigadier general of the republic of Mexico j colo-
nel of active militia, ajid in command of an auxilliary regiment
on the northern frontier.
Citizens: An arbitrary power has been established in Mexico,
derogatory to our legally constituted authorities. One part of the
army (or, if you like, the whole of it) has been the author of so
scandalous an achievement. Like the Praetorian guards, who de-
stroyed the nationality of Rome, our soldiers have been made the
arbitrators and regulators of the destinies of our country. Can
you suffer this with supineness? The inhabitants of the northern
frontier are not to be so persuaded. I am satisfied of their senti-
ments, and they will perish a thousand times before they will
recognize a government without a national election, and wiihout
more authority to command than the ephemeral and momentary
triumph of his arms over the capital of the republic.
Citizens: This is worthless, as we have before seen — a council of
generals is not able to judge of the institutions of the country.
These are not military crimes that the Regulations will bring under
their cognizance.
More than this it is useless to say of the grievances of those un-
natural soldiers who have turned their arms against their country.
But if you are sensible of it, what necessity for explanations'?
Eloquence and even language itself is superfluous. No one knows
the intensenets of grief better than him who suffers. By your ef-
forts, you passed from a federal to a central government, un»>er
which you were promised the loftiest riches, glory, and respecta-
bility, but a mournful and very grievous experience has convinced
us that to nations once tl^s constituted, such a change, ingtead of
Ex. Doc. No. 60. 123
"benefits, has brought nothing but humiliation before strangers,
misery, and, if we succumb, our slavery and that of our children.
The federal constitution was sanctioned in 1824, by the constitu-
tional congress; let us turn and read its glorious manifest, and then
hate more and more the authors of our disgrace.
Let us then declare an eternal w^ar to the death; thus should the
people do who rise against their oppressors. Let our voice be
unanimous; liberty or death to our tyrants, and triumph will crown
your efforts.
This plan w^hich I have this day announced to my regiment has
no other object. To save Mexico or perish is our resolution.
God will help us; for his providence only, in wrath, has given
these tyrants dominion over us.
These are the sentiments of the northern frontier, and those of
your fellow-citizen and friend,
ANTONIO CANALES.
Camargo, February^ 1846.
Head-quarters, Army of Occupation,
Caynp at ^^ El Sauce,^^ 119 miles from Corpus Christi,
March 18, 1846.
Sir: I avail myself of a chance opportunity to Corpus Christi to
report that I have advanced to this point with the cavalry and 1st
brigade of infantry. The 2d brigade e.ncamps to-night about seven
miles in my rear; the 3d brigade about nineteen. I shall concentrate
all my force on reaching the Little Colorado, thirteen miles in my
front, so as be prepared for any contingency. I am happy to say
that all the corps of the army are in fine condition and spirits,
equal to any service that may be before them.
Within the last two days, our advance has met with small armed
parties of Mexicans, who seemed disposed to avoid us. They were,
doubtless, thrown out to get information of our advance.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. Jl., commanding.
The Adjutant General of the Army ^
Washington, D. C.
Head-quarters, Army of Occupation,
Camp 3 miles south of the Arroyo Colorado, March 21, 1846.
Sir: I respectfully report that my forces are now concentrated
at this point, the 3d brigade having joined me to-day. We are
nearly north of Matamoras, and about 30 miles distant.
The Arroya Colorado is a salt river, or rather lagoon, nearly one
hundred yards broad, and so deep as barely to be fordable. It
would have formed a serious obstruction to our march had the
124 Ex. Doc. No. 60.
enemy chosen to occupy its right bank, even with a small force.
On the 19th, the advanced corps encamped within three miles of
the ford, and a reconnoissance was pushed forward to the river.
A party of irregular cavalry (rancheros) was discovered on the op-
posite bank, but threw no obstacle in the way of examining the
ford. They, however, signified to the officer charged with the re-
connoissance that it would be considered an act of hostility if we
attempted to pass the river, and 'that we should, in that case, be
treated as enemies. Under these circumstances, not knowing the
amount of force that might be on the other bank, I deemed it pru-
dent to make dispositions to pass the river under fire, for which
please see my " orders," No. 33. At an early hour on the 20th,
the cavalry and 1st brigade of infantry were in position at the ford,
the batteries of field artillery being so placed as to sweep the op-
posite bank. While these dispositions were in progress, the party
that had shown themselves the day before again made their ap-
pearance. I sent Captain Mansfield to communicate with the
officer in command, who said that he had positive orders to fire
upon us if we attempted to cross the river. Another party then
made its appearance, and passed the river to communicate with me.
One of them (who was represented as the adjutant general of the
Mexican troops) repeated substantially what had been sent before,
viz: that they had peremptory orders to fire upon us, and that it
would be considered a declaration of war if we passed the river.
He placed in my hands, at the same time, a proclamation of Gen-
eral Mejia, issued at Matamoras a day or two previous, which I
enclose. I informed the officer that I should immediately cross
the river, and if any of his party showed themselves on the other
bank after the passage commenced, they would receive the fire of
our artillery. In the meantime, the 2d brigade (which had en-
camped some miles in my rear) came up and formed on the extreme
right. The crossing was then commenced and executed in the or-
der prescribed. Not a shot was fired; and a reconnoissance of cav-
alry, sent immediately forward, discovered the party which had
occupied the bank retreating in the direction of Matamoras. Agree-
ably to my orders, they were not molested. The cavalry and 1st
and 2d brigades of infantry, with a train of two hundred wagons,
crossed over and encamped at this point, three miles distant, at an
early hour in the afternoon.
I have thought proper to make a detailed report of this opera-
tion, as being the first occasion on which the Mexicans have shown
themselves in an attitude decidedly hostile. It has also furnished
an excellent opportunity for the instruction of the troops, and for
displaying their discipline and spirit, which, I am gratified to be
able to say, were everything that could be desired.
I am compelled to remain at this point until joined by the sup-
ply train of the 3d brigade, which is unavoidably in the rear. On
the 23d, at latest, I expect to resume the march, but am not fully
decided as to the direction. While Matamoras is the point to be
ultimately attained, it is necessary, at the same time, to cover our
supplies, which will soon arrive at Point Isabel.
Ex. Doc. No. 60. 125
From the best information I am able to obtain, the enemy is not
in force on this side of the Rio Grande. A few rancheros are still
on the route hence to Matamoras. It is believed that there may-
be nearly 2,000 troops in that place, but what proportion of regu-
lar troops I cannot state with confidence. The arrival of General
Ampudia is expected from the interior, but the accounts I receive
of his movements are quite contradictory.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A.^ commanding.
The Adjutant General of the Army.,
Washington^ D. C
'El General en Gefe de las fuerzas avanzadas sabre el enemigo, dlos
habitantes de este departamento y d las tropas de su mando.
CoNciuDADANOs: La agregacion del departamento de Tejas a los
Estados-Unidos, promovida y'consumada por la tortuosa politica
del gabinete del Norte, no satisface todavia los proyectos ambicio-
sos de los degenerados hijos de Washington. El mundo civilizado
ha reconocido ya en aquel acto de usurpacion todos los caracteres
de la injusticia, de la iniquidad, de la mas escandalosa violacien
del derecho de gentes. Indelible es la mancha que oscurecera per-
petuamente las mentidas virtudes del pueblo norte-americano; y la
posteridad vera con asombro la perfida conducta, la inraoralidad de
los medios empleados para llevar a cabo la mas degradante depre-
dacion. El derecho de conquista siempre ha sido un crimen contra
la humanidad; pero las naciones celosas de su dignidad y reputa—
cion, han procurado siquiera cubrirlo con el brillo de las armas y
el prestigio de la victoria. A los Estados-Unidos estaba reservado
poner en practica la disimulacion, el engano, las mas bajas insidias
para apoderarse, en medio de la paz, del territorio de una nacion
amiga, y honrosamente confiada en la fe de las promesas, en la
solemnidad de los tratados.
No se detiene sin embargo el gabinete del Norte en su carrera de
usurpacion. No es solamente el departamento de Tejas la presa a
que aspira: su codicia se estiende hasta la rivera izquierda del Rio
Bravo. El ejercito estacionado hace algun tiempo en Corpus-Cris-
ti, avanza ya para tomar posesion de una gran parte de Tamaulipasj
y su vanguardia ha llegado hasta el Arroyo Colorado, punto dis-
tante catorce leguas de esta plaza. i,Que esperanza queda, pues, a
la repiiblica Mexicana de tratar con un enemigo, q.ue al mismo tiem-
po de procurar adormecer abriendo negociaciones diplomaticas,
procede a ocupar un territoria que nunca podra ser objeto de la
cuestion pendiente? Los limites de Tejas son ciertos y reconocidos:
jamas han pasado del Rio de las Nueces; y sin embargo, el ejercito
Americano ha salvado la linea que separa a Tamaulipas de aquel de-
partamento. Aun cuando Mexico pudiera olvidar que los Estados-
¥nidos promovieron y auxiliaron la rebelion de los antigiios colo-
126 Ex. Doc. No. 60.
liosj y que el principio de que un pueblo independiente tiene derecho
para agregarse a otra nacion, no es aplicable al caso de haber side
esta la protectora de la independencia de aquel, con el objeto de
admitirlo despues en su seno: aun cuando fuera dable aceptar como
acsioma del derecho internacional, que la vioiacion de toda regla
de moralidad y justicia puede servir de titulo legitimo de adquisi-
cion; todavia el territorio de Tamaulipas quedaria fuera de la ley
de agregacion, sancionada por el congreso Americano, porque ella
solo comprende a Tejas independiente, al terreno ocupado por la
colonia sublevada, y de ninguna manera a otros departamentos, en
que el gobierno Mejicano ha ejercido sin interrupcion su legitima
autoridad.
CoMPATRioTAs: Con un enemigo que no respeta ni sus propias
leyes, que se burla sin pudor de los mismos principios que ha invo-
cado ante el mundo entero para cohonestar sus miras ambiciosas,no
nos queda otro recurso que el de las armas. Por fortuna siempre
estamos dispuestos a empunarlas con gloria en defensa de la patria:
poca es la sangre que corre por nuestras venas cuando se trata de
derramarla para vindicar nuestro honor, para afianzar nacionalidad
e independencia. Si al torrente devastador que nos amenaza es nece-
sario oponer un dique de acero, lo formaran nuestras espadas, y en
sus puntas agudas recogeran los invasores el fruto de su sonada
conquista. Si las margenes del Panuco se ban inmortalizado con
la derrota de un enemigo respetable y digno del valor Mejicano; las
orillas del Bravo seran testigos de la ignominia de los orguUosos
hijos del Norte, y sus profundas aguas serviran de sepulcro a los
que osaren acercarse a ellas. La llama del patriotismo que arde en
nuestros corazones recibira nuevo pabulo con la odiosa presencia de
los conquistadores; y el eco de Dolores y de Iguala resonara con
armonia ennuostros oidos, al romper la marcha pLira oponer nues-
tros desnudos pechos a los rifles de los cazadores del Mississippi.
Habitantes de la frontera: No estamos abandonados a nuestros
propios recursos: el supremo gobierno vela infatigable por nuestra
seguridad y salvacion. Un ejercito fuerte y aguerrido avanza ra-
pidamente para tomar parte en la luchaj y con su poderoso auxilio
alcanzaremos la mas completa victoria. Pero mientras llega el an-
helado dia de emprender la gran campaiia para reconquistar todo el
territorio usurpado, y que nuestras aguilas estiendan sus triunfantes
alas sobre las margenes del Sabina; nosotros que tenemos la gloria
de encontrarnos al frente de los invasores debemos servir de barrera
impenetrable. Nuestra obligacion es tan grande como sagrada: no
hay sacrificio que no debamos hacer en las aras de la patria. Se
trata de defender los intereses mas caros al corazon del horabre: se
trata de nuestrO hogar domestico: se trata de nuestr s costum-
tres: se trata de nuestro idioma: se trata de la augusta creencia
que heredamos de nuestros antepasados Todos (stos inapreciables
bienes desaparecerian, si los invasores llegasan a afianzar su con-
quista. i,Y que Mejicano digno de este-nombre podra resignarse,
sin combatir hasta la rauerte, a ver degenerar su noble raza bajo
la aborrecible dominacion del extrangero'? Ninguno : el elevado
sentimiento del honor nucional domina en nuestros corazones ; y
Ex. Doc. No. 60. 127
desde los confines mas remotos de H republica volaran a con-
servarlo ileso, millares de heroes alentados con el ejemplo de
Hidalgo y de Morelos.
SoLDADOs : Ha sonado la hora del peligro : conoceis vuestro
deber, y sabreis cumplirlo con lealtad y patriotismo. Tengo el
honor de encontrarme a vuestro frente, y estoy persuadido del
ardor con que deseais el momento del corabate. La conciencia de
vuestra superioridad os asegura la raas esplendida victoria. Que
avance, pues, el enemigo a quien deseais saludar en el campo de
batalla : combatiremos, y la corona del triunfo sera el merecido
premio de vuestro valor y diciplina. {A las armas I [Viva la-
nacion Mejicana ! / Viva la independencia !
FRANCISCO MEJIA.
MatamoraSj Marzo 18, de 1846.
[Translation.]
The g en eral-in- chief of the forces assembled against the enemyy
to the inhabitants of this department and the troops under his
command.
Fellow Citizens : The annexation of the department of Texas
to the United States, projected and consummated by the tortuous
policy of the cabinet of the Union, does not yet satisfy the am-
bitious desires of the degenerate sons of Washington. The civil-
ized world has already recognised in that act all the marks of
injustice, iniquity, and the most scandalous violation of the rights
of nations. Indelible is the stain which will forever darken the
character for virtue falsely attributed to the people of the United
States • and posterity will regard with horror their perfidious con-
duct, and the immorality of the means employed by them to carry
into effect that most degrading depredation. The right of conquest
has always been a crime against humanity ; but nations jealous of
their dignity and reputation have endeavored at least to cover it
by the splendor of arms, and the prestige of victory. To the
United States it has been reserved to put in practice dissimulation,
fraud, and the basest treachery, in order to obtain possession, in
the midst of peace, of the territory of a friendly nation, which
generously relied upon the faith of promises and the solemnity of
treatips.
The cabinet of the United States does not, however, stop in its
career of usurpation. Not only does it aspire to the possession of
the department of Texas, but it covets also the regions on the left
bank of the Rio Bravo. Its army, hitherto for some time stationed
at Corpus Chrlsti, is now advancing to take possession of a large
part of Taraaulipas ; and its vanguard has arrived at the Arroyo
Colorado, distant 18 leagues from this place. What expectations,
therefore, can the Mexican government have of treating with an
enemy, who, whilst endeavoring to lull us into security, by open-
128 Ex. Doc. No. 60.
ing diplomatic negotiations, proceeds to occupy a territory which
never could have been the object of the pending discussion '?
The limits of Texas are certain and recognised ; never have they
extended beyond the river Nueces; notwithstanding which, the
American army has crossed the line separating Tamaulipas from
that department. Even though Mexico could forget that the
United States urged and aided the rebellion of the former colonists,
and that the principle giving to an independent people the right
to annex itself to another nation is not applicable to the case, in
which the latter has been the protector of the independence of
the former, with the object of admitting it into its own bosom ;
even though it could be accepted as an axiom of international
law, that the violation of every rule of morality and justice might
serve as a legitimate title for acquisition ; nevertheless, the terri-
tory of Tamaulipas would still remain beyond the law of annexa-
tion, sanctioned by the American Congress; because that law
comprises independent Texas, the ground occupied by the re-
Taellious colony, and in no wise includes other departments, in
which the Mexican government has uninterruptedly exercised its
legitimate authority.
Fellow-countrymen : With an enemy which respects not its own
laws, which shamelessly derides the very principles invoked by it
previously, in order to exc-use its ambitious views, we have no
other resource than arms. We are fortunately always prepared to
take them up with glory, in defence of our countr^^ ; little do we
regard the blood in our veins, when we are called on to shed it in
vindication of our honor, to assure our nationality and inde-
pendence. If to the torrent of devastation which threatens us it
be necessary to oppose a dike of steel, oui swords will form it ;
and on their sharp points wnll the enemy regeive the fruits of his
anticipated conquest. If the banks of the Panuco have been im-
mortalized by the defeat of an enemy, respectable and worthy of
the valor of Mexico, those of the Bravo shall witness the ignominy
of the proud sons of the north, and its deep w^aters shall serve as
the sepulchre of those who dare to approach it. The flame of
patriotism which burns in our hearts will receive new fuel from
the odious presence of the conquerors ; and the cry of Dolores and
Icruala shall be re-echoed wnth harmony to our ears, when we take
up our march to oppose our naked breasts to the rifles of the
hunters of the Mississippi.
Inhabitants of the frontier : We are not left to our own re-
sources ; the supreme government watches indefatigably for our
safety and protection. A strong and warlike army is rapidly ad-
vancing to take part in the struggle, and with its powerful aid we
shall achieve the most complete victory. Until the long wished
for day shall arrive, when we enter upon the great campaign for
the re-conquest of the territory of which we have been despoiled,
and to carry our eagles in triumph to the banks of the Sabine, we,
who have the glory to be in front of the invaders, must serve as
an impenetrable barrier. Our obligation is great as it is sacred,
and there is no sacrifice which we are not bound to make upon the
Ex. Doc. No. 60. 12^
altars of our country. We have to defend the interests most dear
to the heart of man : our domestic hearths, our customs, our lan-
guage, the august faith handed down to us by our ancestors, all
are at stake. All these inestimable blessings will vanish if the
invaders succeed in establishing their conquest. And what Mexi-
can, worthy of tfie name of Mexican, can resign himself without
fighting to the death to see his noble race degene»ate under the
abhorred dominion of foreigners 7 No one ; the high sentiment
of national honor rules in our hearts, and from the remotest' con- -
fines of the republic thousands of heroes will fly, animated by the
example of Hidalgo and Morelos, to preserve its integrity.
Soldiers: The hour of danger is come; you knov/ your duty, and
will fulfil it with honor and patriotism. I have the honor to be at
your head, and I am persuaded of the ardor with which you will
look forward to the moment of combat. Consciousness of your
superiority assures to you the most splendid victory. Let the ene-
my then come, whom you are burning to meet on the field of bat-
tle. We will fight and the crown of triumph shall be the meTitecl
reward of your valor and discipline. To arms! The Mexican na-
tion forever! Independejice forever!
FRANCISCO MEJIA.
Matamoras, March 18, 1846.
Head-quarters, Army of Occupation,
Point Isabel, March 25, 1846.
Sir: I respectfully report that I marched on the morning of the
23d instant with the entire army, from the camp near the Colarado,
is the order prescribed in ray order No. 35, herewith enclosed.
After a march of fifteen miles, we reached, on the morning of the
24th, a point on the route from Matamoras to Point Isabel, eigh-
teen miles from the former and ten from the latter place. I here
left the infantry brigades under Brigadier General Worth, with in-
structions to proceed in the direction of Matamaras until he came
to a suitable position for encampment, where he %vould halt, hold-
ing the route in observation, while I proceeded with the cavalry to
this point to communicate with our transports, supposed to have
arrived in the harbor, and make the necessary arrangements for the
establishment and defence of a depot.
While on my way hither, our column was approached by a party
on its right flaak, bearing a white flag. It proved to be a civil de-
putation from Matamoras, desiring an interview with me. I in-
formed them that I would halt at the first suitable place on the
road and afford them the desired interview. It was, however, found
necessary, from the want of water, to continue the route to this
place. The deputation halted while yet some miles from Point Is-
abel, declining to come further, and sent me a formal protest of the
prefect of the northern district of Tamaulipas against our occupa-
tion of the country, which I enclose herewith. At this moment, it
9
130 Ex. Doc. No. 60.
was discovered that the buildings at Point Isabel were ia flames. I-
then informed the bearer of the protest that I would answer it when
opposite Matamoras, and dismissed the deputation. I considered
the conflagration before my eyes as a decided evidence of hostility,
and was not willing to be trifled with any longer, particularly as
I had reason to believe that the prefect, in making this protest, was
but a tool of the military authorities at Matamorai.
The advanc^of the cavalry fortunately arrived here in season to
arrest the fire, v;hich consumed but three or four houses. The port
captain, who committed the act under the orders, it is said, of Gen-
eral Mejia, had made his escape before its arrival. We found
two or three inoffensive Mexicans here, the rest having left for
Matamoras.
I was gratified to find that the water expedition had exactly an-
swered to our land movement; the steamers arriving in the harbor
only two or three hours before we reached Point Isabel, with the
other transports close in the rear. The " Porpoise " and "Law-
rence," brigs-of-war, and cutter "Woodbury," are lying outside.
I have thought it necessary to order Captain Porter's company to
this place to reinforce Major Munroe. Our great depot must be
here, and it is very important to secure it against any enterprise
of the enemy. The engineer officers are n6w examining the ground
with a view to tracirig lines of defence and strengthening the po-
sition.
As soon as a sufficient amount of supplies can be thrown forward
toward Matamoras, I shall march in the direction of that town and
occupy a position as near it as circumstances will permit.
I enclose a sketch prepared by my aid-de-camp. Lieutenant EatODj,
exhibiting the route of march since leaving the Colorado, and the
bearings of important points.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. Army^ commanding.
» The Adjutant Genekal of the Army^
Washington y B.C.
' [Original.]
Prefectura del Norte de Tamaulipas.
Aunque la cuestion pendiente sobre agregacion del departaraento^
de Tejas a los. E. U., se encuentra sujeta a la resolucion del go-
bierno supremo Mejicano, el hecho de habor abanrado el ejercito
que se halia a las ordenes de V. S., traspasando la linea que ecupa-
ba en Corpus Christi, me pone en la obligacion como prima auto-
ridad pohtica del distrito del Nor'e de Tamaulipas de dirigirme a
Y. S. como tengo e! honor de verificarlo por me dio de la comis-
sion que pondra esta nota en sus manos, manifestandole; que alar-
mados justamente los pueblos que dependen de esta prefectura coft
Ex. Doc. No. 60. 131
la invacion de un ejercito que sin previa d; claracion de guerra, y
sin anunciar explicitamente el objeto que se propone viene ocupan-
do un terrilorio que nunca lia pertenecido d la colonia subleveda,
no ban podido veer con indiferencia un procedimiento tan contrario
a la conducta que observan las naciones civilizadas y a los princi-
pios mas claras del derecho de gentes; que dirigidos por el honor
y patriotismo, y ciertos de que nada se ha dicho oficialinente por el
gabinete de la Union al gobierno Mc jii ano, respecto a en sanchar
los limites de Tejas hasta la orilla izquierda del Rio Bravo, y que
confiados los ciudadanos de este distrito en la notoria justicia de ser
causa y en uso del derecho natural de la defenza, protestan por un
organo de la manera mas solemne que ni ahora ni en tiempo alguno
consienten, ni consentiran en separaise de !a republica Mejicano y
unirse a la de los E. U. del Norte, y que se encuentran res,jieltos a
llevar a cabo esta firme delerminacion, resistiendo hasta donde al-
cansen«sus fuerzas siempre y cuando el ejercito que marcha a las
ordenes de V. S., no retroceda a orupar sus antiguas posiciones*
pues permaneciendo en el territorio de Tamaulipas deben considerar
sus habitantes, que cualquiera que scan las protestas sobre la paz
con que viene convidando, por parte de V.' S. se ban roto abierta-
mente las hostilidades, cuyas lamentab'es consecuencias seran ante
el mundo entero de la esclusiva resp'on'abilidad de los invasores.
Tengo el honor de dicirlo a V. S. con el fin indicado, manifes-
tandole mi consideracion y aprecio.
Dios y Libertad. Santa Rita, Marzo 23, de 1846.
JENES CARDENAS.
P. E. S.: Juan Jose Pineda.
Senor Gen. Don. Z. Taylor.
[Translation.]
Officeof the prefect of the northern district
of the department of Tamaulipas.
God and Liberty!
Santa Rita, March 23, 1846.
Sir: Although the pending question respecting the annexation
of the department of Texas to the United States is'subject to the
decision of the supreme government of Mexico, the fact cf the
advance of the army under your excellency's orders, over the line
occupied by you at Corpus Christi, places me under the necessity,
as the^chief political authority of the northern district of Tamau-
lipas, "to address you, as I have now the honor to do, throujjh the
commissioners, who will place this in your hands, and to inform
you that the people, under this prefecture, being justly alarmed at
the invasion of an army, which, without any previous declaration
of war, and without announcing explicitly the object proposed by
it, comes lo occupy a territory which never belonged to the insur-
gent province, cannot regaril with indifference a proceeding so con-
trary to the conduct observed towards each other by civilized na-
Sl!/
132 Ex. Doc. No. 60.
tions, and to the clearest principles of the law of nations; that,
directed by honor and patriotism, and certain that nothing has been
said officially by the cabinet of the Union to the Mexican govern-
ment, respecting the extension of the limits of Texas to the left
bank of the Rio Bravo, trusting in the well-known justice of their
cause, and using their natural right of defence, they (the citizens
of this district) protest, in the most solemn manner, that neither
now nor at any time do they, or will they, consent to separate
themselves from the Mexican republic, and to unite themselves with
the United States, and that they are resolved to carry this firm de-
termination into effect, resisting, so far as their strength will enable
them, at all times and places, until the army under your excellen-
cy's orders shall recede and occupy its former positions; because,
so long as it remains within the territory of Tamaulipas, the in-
habitants must consider that whatsoever protestations of peace>may
be made, hostilities have been openly commenced by your excel-
lency, the lamentable consequences of which will rest before the
world exclusively on the heads of the invaders.
I have the honor to say this to your excellency, with the object
indicated, and to assure you of my consideration and esteem.
JENES CARDENAS.
Juan Jose Pineda.
To General Z. Taylor, SjX.
[Extract.]
Camp on the left bank of the Rio Grande,
Opposite Matamoras, March 29, 1846. •
Sir: I have the honor to report that I arrived at this camp yes-
terday with the forces under my command, no resistance having
been offered to my advance to the banks of the river, nor any act
of hostility committed by the Mexicans, except the capture of two
of our dragoons, sent forward from the advanced guard. I deem
it possible that these two men may have deserted to the enemy, as
one of them, at least, bears a bad character. Our approach seems
to have created much excitement in Matamoras, and a great deal of
activity has been displayed since our arrival in the preparation of
batteries. The left bank is now under reconnoissance of our engi-
neer officers, and I shall lose no time in strengthening our position
by such defensive works as may be necessary, employing for that
purpose a portion of the heavy guns brought round by sea.
The attitude of the Mexicans is so far decidedly hostile. Aa
interview has been held, by my direction, with the military authori-
ties in Matamoras, but with no satisfactory result.
Under this state of things, I must again and urgently call your
attention to the necessity of speedily sending recruits to this army.
The militia of Texas are so remote from the border * * *•
that we cannot depend upon their aid.
Ex. Doc. No. 60. 133
The strength gained by filling up the regiments here, even to the
present feeble establishment, would be of very great importance.
I respectfully enclose a field report of the force now in this
camp.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A.^ commanding.
The Adjutant General of the Army^ . '
Washington^ D. C.
Head-quarters, Army of Occupation,
Camp on the left hank of the Rio Grande,
Opposite MatamoraSy Texas, April 6, 1846.
Sir; I have to report no material change in the aspect of affairs
here since ray despatch of the 29th ult. The Mexicans still retain
a hostile attitude, and have thrown up some works, evidently de-
signed to prevent us from crossing the river. From .information on
which I can rely, these works are scantily armed with guns of in-
ferior calibre, and would oppose very feeble obstacles in case the
turn of affairs should carry our operations to the other bank.
On our side a battery for four 18-pounders will be completed,
and the guns placed in battery to-day. These guns bear directly
upon the public square of Matamoras, and within good range for
demolishing the town. Their object cannot be mistaken by the
enemy, and will, I think, effectually restrain him from any enter-
prises upon ouii side of the river. A strong bastioned field fort, for
a garrison of 500 men, has been laid out by the engineers in rear
of the battery, and will be commenced immediately. This work
will enable a brigade to maintain this position against any Mexican
odds, and will leave me free to dispose of the other corps as con-
siderations of health and convenience may render desirable.
The two dragoons that were taken prisoners, as reported in my"
communication of the 29th ultimo, have been returned by General
Mejia upon my application; but no further intercourse has been
carried on with the authorities on the other side since my last
despatch. Efforts are continually making to entice our men to de-
sert, and, I regret to say, have met with considerable success.
Four, however, have been drowned in swimming the river, and two
have been killed by our pickets while attempting to desert, which
has operated to check the practice. A majority of those who have
deserted are old offenders. •
I respectfully enclose the minutes of an interview held on the
day of our arrival, between General Worth and General De La
Vega, the second in command in Matamoras. I deemed it proper
and respectful to announce formally the purpose of our advance to
the Pv-io Grande, and afford an opportunity to establish friendly re-'
lations, if practicable. You will perceive that the Mexican au-
thorities persist in considering our march as an act of war in itself;
134 Ex. Doc. No. 60.
and I believe they would so treat it, and attempt to drive us from
, our position, if they felt sufficient confidence in their strength.
I have no v^ry accurate information as to the number of regular
troops in Mataraoras, but I am quite confident that it does not reach
2,000, and that of very bad. description, and miserably armed. We
hear that General Ampudia is daily expected, and that they are
only waiting his arrival with heavy reinforcements to attack us.
The position of our camp is naturally strong, and, without the aid
of artificial defences, I feel quite secure against any offensive
movement of the enemy.
We have no news upon which we can depend from the interior
of Mexico, the last authentic date being still March 2, from Vera
Cruz. )
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brig. Gen. U. S. Ji., commanding.
The Adjutant General of the Army^
Washington^ D. C.
Minutes of an interview hetween Brigadier General W. J. Worthy
TJnited States army, and General Romulo Vega, of the Mexican
army, held on the right bank of the Rio Grande, 28th March,
1846.
On exhibiting a white flag on the left bank of the Rio Grande, a
boat, with two officers, (represented as cavalry officers,) with an
interpreter, the same who appeared at the crossing of the Colorado,
and a fourth person, crossed from the right bank of the river.
It was stated through an interpreter (Mr. Mitchell) that a gen-
eral officer of the United States army had been sent by his com-
manding general with despatches to the commanding general at
Matamoras and the civil authorities, and an interview requested.
After some conversation explanatory of the above, the Mexican
party re-crossed the river to report to the commanding general at
Matamoras, and return with his reply. An open note for the
American consul in Matamoras, with an endorsement on the back
in pencil, was delivered to the Mexican officer by General Worth,
who replied that he should hand it to the commanding general.
"Certainly, of course," was General Worth's remark in reply.
On the return of the sajpe party. General Mejia sent word that,
if the commanding general of the American forces desired a con-
ference with the commanding general of the Mexican forces, it
would readily be complied with; but, as the American commander
had designated a subordinate officer to meet General Mejia, the
commanding officer of the Mexican forces. General Mejia, could
not entertain such a proposition, but that an officer of correspond-
ing rank and position in the Mexican forces would be designated
to receive any communication sent by General Taylor.
It was perceived that the relation of the parties was misappre-
Ex. Doc. No. 60. 135
iended, they supposing that a conference was requested; this was
corrected immediately, and it was reiterated that General Worth
was merely the bearer of despatches, with authority to relate ver-
bally certain matters of interest to the commanding general at
Mataraoras.
The proposition of General Mejia was then acceded to, with the
remark" that this was a mere question of form, which should not be
permitted to interfere with any arrangements necessary'to the con-
tinuance of the friendly relations now existing between the two
.governments.
The Mexican party returned to the right bank, and, after a short
absence, returned, stating that General Romulo Vega would re-
ceive General Worth on the right bank of the river (their own
proposition) for the reception of any communication which Gen-
eral Worth might have to make from the commanding general.
General Worth then crossed the river, accompanied by Lieu-
' tenant Smith, A. D. C, Lieutenants Magruder, Deas, and , Blake,
attached to his staff, together with Lieutenant Knowlton as inter-
preter.
On arriving at the right bank of the river, General Worth was
received by General Vega with becoming courtesy and respect, and
introduced to "the authorities of Matamoras," represented in the
person of the Licenciado Casares.,
On the Mexican part were present General Vega, the Licenciado
Casares, two officers, (representied as cavalry officers,) an inter-
preter, with a person named Juan N. Garza, official de Defensores.
After the usual courtesies on meeting, it was stated by General
Worth that he was bearer of despatches from the commanding gen-
eral of the American forces to General Mejia and the civil author-
ities of Matamoras; a written and unsealed document was pro-
duced, and General Vega desiring to know its contents, it was care-
fully read and translated into Spanish by the Mexican interpreter.
General Vega then stated that he had been directed to receive
such communications as General Woith might present from his
commanding general, going on to say that the march of the United
States troops through a part of the Mexican territory (Tamaulipas)
was considered as an act of war.
General Worth. — I am well aware that some of the Mexican,
people consider it an aggressive act, but — (interrupted by the Mex-
ican interpreter, and after a slight discussion of the international
question on the part of General Vega) — peneral Worth repeated
the above remark, adding that it was not so considered by his gov-
ernment; that the army had been ordered there by his government,
and there it would remain; whether rightfully or otherwise, that
s was a matter to be settled between the two governments. General
Vega, still disposed to argue the merits of the case, was told by
General Worth that he came to state facts, not to argue them.
General Worth here stated that he had been sent with a despatch
from his commanding general to General Mejia; that General
Mejia had refused to receive it from him in person; adding, with
emphasis, and some degree of warmth, " I now state that I with-
13G Ex. Doc. No. 60.
(draw this clespatcL," having read it merely as an act of courtesy
lo General Vega; that, in addition to the written despatch to Gen-
eral Mejia, I am authorized to express verbally the sentiments with'
"which the commanding general proposed to carry out the instruc-
tions of his government, in which he hoped to preserve the peace-
able relations between the two governments, leaving all questions
l)eiv.'een the two countries to be settled by their respective govern-
ments; and if, hereafter, General Mejia wished to communicate
with Geuefal Taylor, he. General Mejia, must propose the means,
assuring General Vega that^ should General Mejia present himself
or his communications by a subaltern officer, in either case they
^would be received with becoming courtesy and hospitality.
The question of right of territory was again opened by General
Vega, who asked how the United States government would view
the matter should the Mexican troops march into or occupy a por-
tion of the territory of the United States'?
General Worth replied that General Vega might probably be
familiar with the old proverb, " Sufficient for the day is the evil"
thereof," and that it would be time enough to reply to such a pro-
position when the act itself was perpetrated-
This proverb did not appear to have been translated by the Mex-
ican interpreter, but was received by General Vega with a smile
and slight shrug."
General Worth. — Is the American consul in arrest, or in prisonl
General Vega. — No.
General Worth; — Is he now -in the exercise of his proper func-
tions?
General Vega, after apparently consulting with the Licenciado
Casares for a m.oment, replied that he was.
General Worth. — Then, as an American officer, in the name of
my government and my commanding general, I demand an inter- '
"view with the consul of my country. (No reply.)
General Worth. — Has Mexico declared War against the United
States?
General Vera. — No.
General V/orth. — Are the two countries still at peace?
General Vega. — Yes.
General Worth. — Then I again demand an interview with the
consul of my government, in Matamoras; in the presence, of
course, of these gentlemen, or any other that the commanding gen-
eral in Matamoras may be pleased to designate. General Vega
reiterated that the consul was in the proper exercise of his func-
tions; that he was not in arrest, nor were any other Americans in
arrest in Matamoras; that he would submit the demand to General
Mejia, adding that he thought there would be great difficulty.
This demand was repeatedly made in the most emphatic manner,,
and a reply requested; General Vega stating the consul continued
in the exercise of his functions, and that General Worth's demand
-would be submitted to General Mejia.
Here the interview was suspended, while the Licenciado left the
party to submit (as was understood) the demand for an interview
Ex. Doc. No. 60. 137
-with the consul to General Mejia. While en^ag^d in friendly in-
tercourse, General Worth stated to General Vega, in an informal
manner, as an evidence of the good faith, intentions, and disposi-
tion of his commanding general, that he. General Taylor, was well
aware of the importance of Brazos Santiago to the commerce and
business community of Mataraoras; that he respected their laws
and customs, and would freely grant entrance and exit to all Mex-
ican and other vessels trading with Matamoras on the same terms
as before its occupation by the United States, leaving all questions
arising therefrom tp be settled hereafter by the two governments.
At the expiration of about a quarter of an hour, the Licenciado
Casares returned and reported that General Mejia would not ac-
cede to the request for an interview on the part of General Worth;
saying nothing, however, relative to the question of the consul.
General Vega was then again informed that the despatch intended
to be delivered to General Mejia by General Worth, in person,
■would be returned by him. General W., to his commanding gen-
eral, considering any other disposition of it as disrespectful to him;
repeating that it had been read to General Vega as an act of cour-
tesy to him, and that General Mejia must take his own measures
of communicating with General Taylor, adding that whether Gen-
eral Mejia should send a superior or subaltern officer to General
Taylor, at all times accessible, he would be received with becoming
courtesy and tiospitality. General Worth then presented a written
and sealed document for the civil authorities of Matamoras, which
"was received by General Vega and immediately transferred to the
Licenciado Casares.
General Vega. — Is it the intention of General Taylor to remain
"with his army on the left bank of the Rio Grande?
General Worth. — Most assuredly, and there to remain until di-
rected otherwise by his government.
General Vega remarked that "we" felt indignation at seeing the
American flag placed on the Rio Grande, a portion of the Mexican .
territory.
General Worth replied, that was a matter of taste; notwithstand-
ing, there it would remain. The army had been ordered to oc-
cupy its present position by its government; it has come in a
peaceable rather than belligerent attitude, with a determination to
respect the rights and customs of those on the right bank of the
Rio Grande, while it offers protection to ail on the left bank within
the territory of the United States.
No reply having been receiTed from General Vega relative to
the demand for an interview with the American consul, the ques-
tion was again introduced by General Worth, and the demand for
the last. time reiterated.
General Vega then promptly refused to comply with the demand;
replying, without waiting for the interpretation, "No, no."
General Worth. — I have now to state that a refusal of my de-
mand to see the American consul is regarded as a belligerent act;
and, in conclusion, I have to add, the commanding general of the
American forces on the left bank of the river will regard the pas-
138 Ex. Doc. No. 60.
sage of any armed party of Mexicans in hostile array across the Rio-
Grande^ an act of war, and pursue it accordingly.
The intfrview here terminated, and General Worth and staff re-
turned to the left bank of the river.
The above is the substance of the interview bet-ween Generals
Worth and Vega; is a fair statement of the conversation, and, as
nearly as possible, stating the'exact words and expressions used oa
the occasion.
M. KNOWLTON,
1st Lieut. 1st Artillery.
J. BANKHEAD MAGRUDER,
1:?^ Lt. 1st Artillery, Acting A. D. C.
ED. DEAS,
1^^ Lieutenant, 4:th Artillery.
J. EDMD. BLAKE,
1^^ Lieut. Top. Eng.
LARKIN SMITH,
1st Lieut, and A. D. C.
Head-quarters, Army of Occupation,
Camp near Matamoras, Texas, Api'U 15, 1846.
Sir: I have to report that, on the 11th inst.. General Ampudia
arrived at Matamoras with two hundred cavalry, the remainder of
his force, variously estimated from 2,000 to 3,000 men, being some
distance in rear on the route from Monterey. Immediately after
assuming the chief command. General Ampudia ordered all Ameri-
cans to leave Matamoras within twenty-four hours, and repair to
Victoria, a town in the interior of Tamaulipas. He had taken the;
same severe measure at Reinosa, on his w^ay hither. On the 12tk
I received from General Ampudia a despatch, summoning me to
withdraw my force within twenty-four hours, and to fall back be-
yond the river Nueces. To this communication I replied on the i
12th, saying that I should not retrograde from my position. Copies y
of this correspondence are enclosed herewiih. I considered the
letter of General Ampudia sufficient to warrant me in blocking up
the Rio Grande, and stopping all supplies for Matamoras, orders
for which have been given to the naval commander at Brazos San-
tiago.
Notwithstanding the alternative of war presented by General '
Ampudia, no hostile movement has yet been made by his force.
Whether he will feel strong enough to atte-mpt anything when all
his force shall arrive, is very doubtful. Our brigades, occupy
strong positions, beyond reach of fire from the town, and can hold
themselves against many times thoir number of Mexican troops.
In the meantime, our defences here and at Point Isabel are daily
gaining strength. The latter point is well supplied with artillery,
and in a good condition to resist attack. |
I regret to report that Colonel Cross has been missing since the
lOih inst., on which day he rode out alone in the vicinity of our
Ex. Doc. No. 60. 139
■camp. All attempts to trace Lim have hitherto proved fruitless,
and I much fear that he has been waylaid and murdered by ban-
ditti known to be in our neifyhborhood. To-day I address a letter on
the subject to General Ampudia, desiring him to assist in our
eflforts to ascertain the colonel's fate.
I shall authorize the raising of two companies of Texan mounted
men, for service in this quarter, particularly for the purpose of
keeping open our communication with Point Isabel, and relieving
the regular cavalry of a portion of their duties, which are now op-
pressive.
Several resignations of officers have been tendered since our
arrival here. While I regret that such has been the case, I have
still deemed it my duty to throw no obstacle in the way ^f their
acceptance.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. ./3., commanding.
The Adjutant General of the Army^
Washington^ D. C.
Head-quarters, Army of Occupation,
Camp near Matamoras, Texas, April 12, 1846,
Senor: I have had the honor to receive your note of this date,
in which you summon me to withdraw the forces under my com-
mand from their present position, and beyond the river Nueces,
until the pending question between our governments, relative to the
limits of Texas, shall be settled.
I need hardly advise you that, charged, as I am, in only a mili-
tary capacity, with the performance of specific duties, I cannot
enter into a discussion of the international question involved in the
advance of the American array. You will, however, permit me to
say that the government of the United States has constantly sought
a settlement, by negotiation, of the question of boundary; that an
envoy was despatched to Mexico for that purpose, and that up to
the most recent dates said envoy had not been received by the
actual Mexican government, if indeed he has not received his pass-
ports and left the republic. In the meantime, I have been ordered
to occupy the country up to the left bank of the Rio Grande, until
the boundary shall be definitively settled. In carrying out these
instructions I have carefully abstained from all acts of hostility,
obeying, in this regard, not only the letter of my instructions, but
the plain dictates of justice and humanity.
The instructions under which I am acting will not permit me to
retrograde from the posivion I now occupy. In view of the rela-
tions between our respective governments, and the individual suf-
fering which may result, I regret the alternative which you offer;
but, at the same time, wish it understood that I shall by no means
avoid such alternutive, leaving the responsibility wath those who
140 Ex. Doc. No. 60.
Tashly commence hostilities. In conclusion, you will permit me to
give the assurance that, on my part, the laws and customs of war
among civilized nations shall be carefully observed.
I have the honor to be, very respectfully, your obedient servant.
Senor General D. Pedro de Ampudia.
[Translation.]
Fourth Military Division, )
General-in-Chief . ^
To^explain to you the many grounds for the just grievances felt
lay the Mexican nation, caused by the United States government,
would be a loss of time, and an insult to your good sense; I therefore
pass at once to such explanations as I consider of absolute necessity.
Your government, in an incredible manner — you will even permit
me to say an extravagant one, if the usage or general rules estab-
lished end received among all civilized nations are regarded — has
not only insulted, but has exasperated the Mexican nation, bearing
its conquering banner to the left bank of the Rio Bravo del Norte;
and in this case, by explicit and definitive orders of my government,
which neither can, will, nor should receive new outrages, I require
you in all form, and at latest in the peremptory term of twenty-four
hours, to break up your camp and retire to the other bank of the
l^ueces river, while our governments are regulating the pending
question in relation to Texas. If you insist in remaining upon the
soil of the department of Tamaulipas, it will clearly result that arms,
and arms alone, must decide the question; and in that case I advise
you that we accept the war to which, with so much injustice on
your part, you provoke us, and tha*, on our part, this war shall be
conducted conformably to the principles established by the most
civilized nations; that is to say, that the law of nations and of war
shall be the guide of my operations; trusting that on your part the
same will be observed.
With this view, I tender you the considerations due to your per-
son and respectable office.
God and Liberty !
Head-quarters at Matamoras,
2 ohlock, P. M. AjiHl 12, 1846.
PEDRO DE AMPUDIA.
Senor General-in-Chief of the United States Jir my ^
Don Z. Taylor.
Head-quarters, Army of Ocoupatio]*,
Camp near Matamoras^ Texas, April 26, 1846,
Sir : I have respectfully to report that General Arista arrived in
Hatamoras on the 24th inst., and assumed the chief command of
Ex. Doc. No. 60. 141
the Mexican troops. On the same day he addressed me a commu-
nication, conceived in courteous terms, but saying that he consid-
ered hostilities commenced, and should prosecute them. A transla-
tion of his note, and a copy of my reply, will be transmitted the
moment they can be prepared. I despatch this by an express which
is now waiting.
I regret to report that a party of dragoons, sent out by me on the
24th inst., to watch the course of the river above on this bank, be-
came engaged with a very large force of the enemy, and after a
short affair, in which some sixteen were killed and wounded, appear
to have been surrounded and compelled to surrender. Not one of
the party has retuniedj except a wounded man sent in this morning
by the Mexican commander, so that I cannot report with confidence
the particulars of the engagement, or the fate of the officers, except
that Captain Hardee was known to be a prisoner, and unhurt. Cap-
tain Thornton, and Lieutenants Mason and Kane, were the other
officers. The party was 63 strong.
Hostilities may now be considered as commenced, and I have this
day deemed it necessary to call upon the governor of Texas for four
regiments of volunteers, two to be mounted and two to serve as
foot. As some delay must occur in collecting these troops, I have
also desired the governor of Louisiana to send out four regiments
of infantry as soon as practicable. This will constitute an auxiliary
force of nearly 5,000 men, which will be required to prosecute the
war with energy, and carry it, as it should be, into the enemy's .
country. I tru^t the department will approve my course in this
matter, and will give the necessary orders to the staff departments
for the supply of this large additional force.
If a law could be passed authorizing the President to raise vol-
unteers for twelve months, it would be of the greatest importance
for a service so remote from support as this.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. Ji.^ commanding
The Adjutant General of the Army^
* Washington^ D. C.
142 Ex. Doc. No. 60.
DESPATCHES FROM GENERAL TAYLOR.
MESSAGE
TROM THE
PRESIDENT OF THE UNITED STATES,
TRANSMITTING
Despatches f7'0jn General Taylor relative to Colonel Cross and miss-
ing lieutenants — General Taylor ordered by the Mexican general
to leave his position on the Rio Grande — blockade^ ^c.
May 12, 1846.
Read, and laid upon the table.
To the Senate and House of Representatives:
I herewith transmit to Congress a copy of a communication
from the officer commanding the army in Texas, with tbe pa-
pers which accompanied it. They were received by the south-
ern mail of yesterday, some hours after my message of that
date had been transmitted, and are of a prior date to one of the
communications from the same officer, which accompanied that
message.
JAMES K. POLK.
Washington, May 12, 1846. « . '
Head-quarters, Army of Occupation,
Camp near MatamoraSj April 23, 1846.
Sir: I have to report that, since my despatch of the 15th in-
stant, the relations between me and the Mexicans have not been
changed'. General Ampudia remains in command in Matamoras,
though it may be regarded as certain that he is no longer in chief
command on the frontier. I have reason to believe that Arista has
succeeded to the command; whether by orders from the central
government, or, as is reported, in consequence of a movement
among the troops themselves, I have not the means of ascertaining.
General Arista is said to be expected hourly in Matamoras.
•
Ex. Doc. No. 60. 143
In :i;y last despatch I advised you that, on the receipt of Gen-
eral Ampudia's summons to fall back from my position, 1 ordered a
hlockade of the mouth of the Rio Grande, deeming this a measure
perfectly proper under the circumstances, and, at the same time,
the most efficient means of letting the Mexican commander under-
stand that this state of quasi war was not to be interpreted to his
advantage only, while we reaped the inconveniences attending it.
On the l7th instant, pursuant to my instructions, Lieutenant Ren-
shaw, of the navy, warned off two American schooners about to
enter the river with provisions. Yesterday, I received from Gen-
eral Ampudia a communication on the subject, a translation of which,
and my reply, are herewith transmitted. I trwst that my course in
this matter will meet the approval of the department. It will, at
any rate, compel the Mexicans either to withdraw their army from
Matamoras, where it cannot be subsisted, or to assume the offen-'
sive on this side of the river.
You will perceive from my "orders," No. 50, that the fate of Co-
lonel Cross has bpen ascertained. His body was discovered in the
forest, about four miles from this camp, and with marks of violence,
leaving no doubt that he was robbed, and cruelly murdered. I
deem it best not to detail the various rumors which ha^e been cur-
rent in regard to the particulars of his death, as nothing conclu-
sive can be gathered from them. I am willing, for the present, to
.believe that it was the act of robbers — not authorised by the Mex-
ican general. I enclose a translation of the answer of General
Ampudia to my inquiry concerning Colonel Cross.
With a ^ iew to check the depredations of small parties of Mex-
icans on this side of the river, Lieutenants Dobbins, 3d infantry,
and Porter, 4th infantry, were authorised by me a few days since,
to scour the country for some miles, with a select party of men, and
capture or destroy any such parties that they might meet. It ap-
pears that they separated, and that Lieutenant Porter, at ttie
head of his own detachment, surprised a Mexican camp, drove away
the men and took possession of their horses. Soon afterwards,
there fell a heavy rain, and, at a moment when the party seem to
have been quite unprepared for an attack, they were fired upon
from the thicket. In attempting to return it, the muskets missed
fire, and the party dispersed in the thicket. The men have gradu-
ally found their way back to camp, with the exception of one, who,
with Lieutenant Porter, is still missing. From the statements of
the men \v\\o have returned, there can be little doubt but that both
were killed. A party is now out in search of them, and I hope,
on its return, to be able to communicate something more de-
finite.
I have also to report, that Lieutenant Deas, 4th artillery, crossed
the river on the night- of the 13th instant, and was imm-^diately
taken up by the Mexican guard. He is now a prisoner of war at
Matamoras. It is supposed that he was laboring under mental alien-
ation at the time he committed this unfortunate act. Be this as it
may, as he voluntarily'placed himself in the hands of the enemy,
144 Ex. Doc. No. 60.
I shall make no effort to reclaim him at present. It is understood
that he is well treated, though under restraint.
The field work is now in a condition of defence, and is aipproach-
ing rapidly to completion.
The recruits under Lieutenant Paul arrived on the 21st instant.
Of the 56 for the general service, 41 have been assigned to the
batteries of field artillery, filling up those companies; the remaining
15, to the 4th infantry. The descriptive roll will be completed
and forwarded as soon as the prescribed inspections are made.
I am, very respectfully, your obedient servant,
V Z. TAYLOR,
Brevet Brig. Gen. U. S. ji., commanding.
The Adjutant General
Of the Army J Washington^ B.C. ^
[Translation.]
Division of the North, (
Second General-in-Chief. ^
From various sources, worthy of confidence, I have learned that
some vessels, bound for the mouth of the river, have not been able
to effect an entrance into that port, in consequence of your orders
that they should be conducted to Brazos Santiago. The cargo of
one of them is composed in great part, and of the other entirely,
of provisions, which the contractors charged with providing for the
army under my orders had prflcured, to fulfil the obligations of
their contracts. You have taken possession of these provisions by
force, and against the will of the proprietors, one of whom is vice
consul of her Catholic Majesty, and the other of her Britannic Ma-
jesty; and w^hose rights, in place of being religiously respected, as
was proffered, and as was to be hoped from the observance of the
principles which govern among civilized nations, have, on the con-
trary, been violated in the most extraordinary manner, opposed to
the guarantee and respect due to private property.
Nothing can have authorized you in such a course. The com-
merce of nations is not suspended or interrupted, except in conse-
quence of a solemn declaration of blockade, communicated and.
established in the form prescribed by international law. Never-
theless, you -have infringed these rules; and, by an act which can
never be viewed favorably to the United States government, have
hindered the entrance to a Mexican port of vessels bound to it,
under the confidence that commerce would not be interrupted.
My duties do not allow me to consent to this new species of hos-
tility, and they constrain me to require of you, not only that the
vessels taken by force to Brazos Santiago shall be at liberty to
return to the mouth of the river, but the res.toration of all the pro-
visions which, besides belonging to private contractors, were des-
tined for the troops on this frontier. I consider it useless to incul-
Ex. Doc. No. 60 145
cate the justice of this demand, and the results which may follow
an unlocked for refusal.
I have also understood that two Mexicans, carried down in a boat
by the current of the river near one of the advanced posts of your
camp, were detained, after being fired upon, and that they are still
kept and treated as prisoners. The individuals in question do not
belong to the army, and this circumstance exempts them from the
laws of war. I therefore hope that you will place them absolutely
at liberty, as I cannot be persuaded that you pretend to extend to
persons not military the consequences of an invasion which, with-
out employing this means of rigor against unarmed citizens, is
marked in itself with the seal of universal reprobation.
I avail myself of this opportunity to assure you of my distin-
guished consideration.
God and Liberty! Matamoras, April 22, 1846.
PEDRO DE AMPUDIA.
Sr. Gen. Don Z. Taylor.
Head-quarters, Army of Occupation,
Camp near Matamoras, {Texas^) April 22, 1846.
Sir: I have had the honor to receive your communication of this
date, in which you complain of certain measures adopted by my
order to close the mouth of the Rio Bravo against vessels bound
•to Matamoros, and in which you also advert to the case of two
Mexicans supposed to be detained as prisoners in this camp.
After all that has passed since the American army first approached
the Rio Bravo, I am certainly surprised that you should complain
of a measure which is no other than a natural result of the state of
war so much insisted upon by the Mexican authorities as actually
existing at this time. You will excuse me for recalling a few cir-
cumstances, to show that this state of war has not been sought by
the American army, but has been forced upon it, and that the ex-
ercise of the rights incident to such a state cannot be made a sub-
ject of complaint.
On breaking up my camp at Corpus Christi, and moving forward
with the army under my orders to occupy the left bank of the Rio
Bravo, it was my earnest desire to execute my instructions in a
pacific manner; to observe the utmost regard for the personal
rights of all citizens residing on the left bank of the river, and to
take care that the religion and customs of the people should suffer
no violation. With this view, and to quiet the minds of the in-
habitants, I issued orders to the army, enjoining a strict observance
of the rights and interests of all Mexicans residing on the river,
and caused said orders to be translated into Spanish and circulated
in the several towns on the Bravo. These orders announced the
spirit in which we proposed to occupy the country, and I am proud
to say that up to this moment the same spirit has controlled the
operations of the army. On reaching the Arroyo Coloradoj I was
10
146 Ex. Doc. No. 60.
informed by a Mexican officer, that the order in question had been
received in Mataraoras, but was told at the same time that if I at-
tempted to cross the river it would be regarded as a declaration of
war. Again, on my march to Frontone I was met by a deputation
of the civil authorities of Matamoras, protesting against my occu-
pation of a portion of the department of Tamaulipas, and declaring
that if the army was not at once withdrawuj w^ar would result.
While this communication was in my hands, it was discovered that
the village of Frontone had been set on fire and abandoned. I
viewed this as a direct act of war, and informed the deputation
that their communication would be answered by me when opposite
Matamoras, which was done in respectful terms. On reaching the
river I despatched an officer, high in rank, to convey to the com-
manding general in Matamoras the expression of my desire for
amicable relations, and my willingness to leave open. to the use of
the citizens of Matamoras the port of Brazos Santiago, until the
question of boundary should be definitively settled. This officer
received for reply, from the officer selected to confer with him,
that my advance to the Rio Bravo was considered as a veritable act
of war, and he was absolutely refused an interview with the Ameri-
can consul, in itself an act incompatible with a state of peace.
Notwithstanding these repeated assurances on the part of the
Mexican authorities, and notwithstanding the most obviously hos-
tile preparations on the right bank of the river, accompanied by a
rigid non intercourse, I carefully abstained from any act of hos-
tility — determined that the onus of producing an actual state of
hostilities should not rest wuth me. Our relations remained in
this state until I had the honor to receive your note of the 12th
instant, in which you denounce war as the alternative of my remain-
ing in this position. As I could not, under my instructions, recede
from my position, I accepted the alternative you offered, and made
all my dispositions to meet it suitably. But, still willing to adopt
milder measures before proceeding to others, I contented myself
in the first instance with ordering a blockade of the mouth of the
Rio Bravo, by the naval forces under my orders — a proceeding
perfectly consonant with the state of war so often declared to ex-
ist, and which you acknowledge i» your note of the 16th instant,
relative to the late Colonel Cross. If this measure seems oppres-
sive, I wish it borne in mind, that it has been forced upon me by
the course you have seen fit to adopt. I have reported this block-
ade to my government, and shall not remove it until I receive in-
structions to that effect, unless indeed you desire an armistice pend-
ing the final settlement of the question betvveen the governments,
or until war shall be formally declared by either, in which case I
will cheerfully open the river. In regard to the consequences you
mention as resulting from a refusal to remove the blockade, I beg
you to understand that I am prepared for them, be they what they
may.
In regard to the particular vessels referred to in your communi-
cation, I have the honor to advise you that, in pursuance of ray
orders, two American schooners, bound for Matamoras, were wurned
Ex. Doc. No. 60. 147
off on the 17th instant, when near the mouth of the river, and put
to sea, returning probably to New Orleans. They were not seized,
or their cargoes disturbed in any way, nor have they been in the
harbor of Brazos Santiago to my knowledge. A Mexican schooner,
understood to be the "Juanita," was in or off that harbor when my
instructions to block the river were issued, but was driven to sea
in a gale, since which time I have had no report concerning her.
Since the receipt of your communicatiorij I have learned that two
persons, sent to the mouth of the river to procure information re-
specting this vessel, proceeded thence to Brazos Santiago, when
they were taken up and detained by the officer in command until
my orders could be received.. I shall order their immediate release.
A letter from one of them to the Spanish vice-consul is respect-
fully transmitted herewith.
In relation to the two Mexicans said to have drifted down the
river in a boat, and to be prisoners at this time in my camp, I have
the pleasure to inform you that no such persons have been taken
prisoners, or are now detained by my authority. The boat in ques-
tion was carried down empty by the current of the river, and drifted
ashore near one of our pickets, and was secured by the guard.
Some time afterwards an attempt was made to recover the boat
under cover of the darknessj the individuals concerned were hailed
by the guard, and, failing to answer, were fired upon as a matter
01 course. What became of them is not known, as no trace of them
could be discovered on the following morning. The officer of the
Mexican guard directly opposite was informed the next day that
the boat would be returned on proper application to me, and I
have now only to repeat that assurance.
In conclusion, I take leave to state that I consider the tone of
your communication highly exceptionable, where you stigmatize
the movement of the army under my orders as "marked with the
seal of universal reprobation." You must be aware that such lan-
guage is not respectful in itself, either to me or to my government;
and while I observe in my own correspondence the courtesy due to
your high position, and to the magnitude of the interests with which
we are respectively charged, I shall expect the same in return.
I have the honor to be, very respectfully, your obedient servant,
Z. TAYLOR,
Brev. Brig. Gen. U. S, A.^ commanding.
Senor Gen. D. Pedro de Ampudia,
Commanding in Matamoras.
Division of the North — 2d General-in-Chief.
In reply to your note which I received yesterday, I have the
honor to state that if Colonel Cross, quartermaster general of the
forces under your command, had been found at any of the military
posts under my orders, his lot would have been that of a prisoner
of war, treated with the consideration due to his rank, and accord-
148 Ex. Doc. No. 60.
ing to the rules prescribed by the law of nations and of war, well
considered in his situation of prisoner.
The rumor was current in this place, also, that the colonel in
question had disappeared from your camp; but I have been able to
learn nothing certainly, so that I cannot answer satisfactorily the
respectful request in your note on the subject.
The particular circumstances in which we are placed should not
prevent me, in my private capacity, yielding to the sentiments of
humanity, from manifesting to a certain point my sympathy for the
feelings of the family of Colonel Cross, caused by his disappear-
ance.
I renew to you, on this occasion, the consideration due. God
and liberty! Head-quarters in Mataraoras, April 16, 1846.
PEDRO DE AMPUDIA.
Sr. Gen. Don Z. Taylor
Kx. Doc. No. 60. ■ ' ♦ 149
OCCUPATION OF MEXICAN TERRITORY
MESSAGE
FROM THE
PRESIDENT OF THE UNITED STATES,
In answer to a resolution of the House of Representatives of the
Ibth instant J relative to the occupation of the Mexican territory.
December 22, 1846.
Kead, and ordered to be printed.
To the House of Representatives of the United States:
In compliance with the request contained in the resolution of the
House of Representatives of the 15th instant, I communicate here-
with reports from the Secretary of War and the Secretary of the
Nav|r, with the documents w^hich accompany them.
These documents contain all the "orders or instructions" to any
military, naval, or other officer of the government, " in relation to
the establishment or organization of civil government in any por-
tion of the territory of Mexico which has or" might be taken pos-
session of by the army or navy of the United States."
These orders and instructions were given to regulate the exercise
of the rights of a belligerent, engaged in actual war, over such
portions of the territory of our enemy as, by military conquest,
might be "taken possession of" and be occupied by our armed
forces — rights necessarily resulting from a state of war, and clearly
recognised by the laws of nations. This was all the authority
which could be delegated to our military and naval commanders,
and its exercise was indispensable to the secure occupation and
possession of territory of the enemy which might be conquered.
The regulations authorized were temporary, and dependent on the
rights acquired by conquest. They were authorized as belligerent
rights, and were to be carried into effect by military or naval offi-
cers. They were but the amelioration of martial law, which
modern civilization requires, and were due as well to the security
of the conquest, as to the inhabitants of the conquered territory.
The documents communicated also contain the reports of several
highly meritorious officers of our army and navy, who have con-
quered and taken possession of portions of the enemy's territory.
150 Ex. Doc. No. 60.
Among the documents accompanying the report of the Secretary
of War, will be found a " form of government," "established and
organized" by the military commander who conquered and .occu-
pied with his forces the territory of New Mexico. This document
was received at the War Department in the latter part of the last
month, and, as will be perceived by the report of the Secretary of
War, was not, for the reasons stated by that officer, brought to my
notice until after my annual message of the 8th instant was com-
municated to Congress.
It is declared on its face to be a "temporary government of the
said territory;" but there are portions of it which purport to " es-
tablish and organize" a permanent territorial government of the
United States over the territory, and to impart to its inhabitants
political rights which, under the constitution of the United States,
can be enjoyed permanently only by citizens of the United States.
These have not been "approved and recognised" by me. Such
organized regulations as have been established in any of the con-
quered territories for the security of our conquest, for the preser-
vation of order, for the protection of the rights of the inhabitants,
and for depriving the enemy of the advantages of these territories,
while the military possession of them by the forces of the United
States continue, will be recognised and approved.
It will be apparent from the report of the officers who have
been required by the success which has crowned their arms to ex-
ercise the power of temporary government over the conquered
territories, that if any excess of power has been exercised, the de-
parture has been the offspring of a patriotic desire to give to the
inhabitants the privileges and immunities so cherished by the peo-
ple of our own country, and which they believed calculated to
improve their condition and promote their prosperity. Any such
excess has resulted in no practical injury, but can and will be early
corrected, in a manner to alienate as little as possible the good
feelings of the inhabitants of the conauered territory.
JAMES K. POLK.
Washington, December 22, 1846.
War Depabtment, December 21, 1846.
Sir : In compliance with your request to be furnished with all
the information in the War Department in regard to the objects of
inquiry embraced in the resolution of the House ©f Representatives
of the 15th instant, I have the honor to report that the accompa-
nying papers, numbered from 1 to 24, contain all the orders and
instructions which have issued from this department to any officer
of the army " in relation to the establishment or organization of
civil government in any portion of the territory of Mexico, which
has been or might be taken possession of by the army or navy of
the United States. They also furnish all the information in this
department in relation to any form of government which any such
Ex Doc. No 60. 151
officer has established or organized, and also in relation to any
approval or recognition of such government.
As the. information called for by the resolution of the House of
Representatives is contained in various despatches which relate
principally to military operations, I have preferred, in most in-
stances, to give the whole document, though parts of it have little
or no direct relation to the matters embraced in that resolution.
What is omitted does not relate to any branch of the inquiry, but
chiefly to the plans of the campaign and contemplated military
movements, which it would not be proper to make public.
You will perceive that I stated, in my letter of the 3d of June
last, to General Kearny, that a proclamation in the Spanish lan-
guage would be furnished to him for the purpose of being distribu-
ted among the Mexican people. A few copies of the proclama-
tion prepared for General Taylor w'ere sent to General Kearny;
but, owing to the different circumstances under which the two
generals might be placed, it was afterwards deemed proper to in-
struct General Kearny not to use them, and I am not aware that
he did so in any instance. My letter to him on this subject, dated
the 6th of June, is one of the papers herewith transmitted.
Among the accompanying documents you will find two procla-
mations, issued by General Kearny, but neither the form nor sub-
stance of them was furnished from this department.
In relation to the annexed paper. No. 24, called the " Organic
Law of the Territory of New Mexico," it is proper that I should
state that it was received at the Adjutant General's office on the
23d of November, and thence sent to me. As the document was
voluminous, and my whole time was required for the indispensable
current business of the department, then unusually pressing, and
for preparing my annual report to accompany your message to
Congress, I did not, at that time, nor until a few days since, ex-
amine itj and it was not laid before you to receive your directions
in regard to it.
I have the honor to be, very respectfully, your obedient ser-
vant,
W. L. MARCY,
To the President.
152 Ex. Doc. No. 60.
List of papers accompanying the report of the Secretary of War to
\ the President^ in answer to the resolution of the House of Repre-
sentatives of the 15th of December^ 1846.
Letter of the Secr€tary of War to General Kearny, dated
June 3, 1846.
Extract of a letter of the Secretary of War to General
Taylor, dated July 9, 1846.
Letter of the Secretary of War to General Taylor, dated
July 6, 1846, enclosing the circular of the Secretary of
the Treasury.
Circular of the Secretary of the Treasury, dated June 30,
1846.
Letter of the Secretary of War to Colonel SterensoD,.
dated September 11, 1846.
Letter of the Secretary of War to General Kearny, dated
September 12, 1846.
Letter of the Adjutant General to the Secretary of War,
dated December 17, 1846.
Letter of Major General Scott to General Kearny, dated
November 3, 1846.
Letter of the Secretary of War to General Taylor, dated
June 4, 1846, with a proclamation in Spanish.
Translation of the proclamation.
Letter of the Secretary of War to General Kearny, dated
June 5, 1846.
Proclamation of General Kearny to the citizens of New
Mexico, dated July 31, l846.
Letter of General Kearny to the Adjutant General, dated
August 24, 1846.
Proclamation alluded to in the preceding letter, dated Au-
gust 22, 1846.
Letter from General Kearny to General Wool, dated Au-
gust 22, 1846.
Appointment by General Kearny of treasurer for Santa Fe,
dated August 28, 1846.
Appointment by General Kearny of collector for Santa Fe,.
dated August 29, 1846.
Letter from General Kearny to the Adjutant General,
dated September 1, 1846.
Order of General Kearny abolishing the use of stamp
paper, dated August 29, 1846.
Order of General Kearny regulating licenses for stores,
&c., and duties on wagons, &c., dated August 27, 1846.
Letter of General Kearny to the Adjutant General, dated
September 16, 1846.
Letter of General Kearny to the Adjutant General, dated
September 22, 1846, (received at the War Department
November 23,) en.closing
A list of officers appointed by him; also.
Copy of the organic law, compiled under his direction, of
the territory of NeAv Mexico.
No.
1.
No.
2.
No.
3.
No.
4.
No.
5.
No.
6.
No.
7.
No.
8.
No.
9.
No.
10.
No.
11.
No.
12.
No.
13.
No.
14.
No.
15.
No.
16.
No.
17.
No.
18.
No.
19.
No.
20.
No.
21.
No.
22.
No.
23.
No.
24.
Ex. Doc. No. 60. 15a
No. 1.
Letter of the Secretary of War to General Kearny.
[COXFIDENTIAL. j WaR DEPARTMENT,
Washington^ June 3, 1846.
Sir: I herewith send you a copy of my letter to the governor of
Missouri for an additional force of one thousand mounted men.
The object of thus adding to the force under your command is
not, as you will peceive, fully set forth in that letter, for the rea-
son that it is deemed prudent that it should not, at this timej
become a matter of public notoriety; but to you it is proper and
necessary that it should be stated.
It has been decided by the President to be of the greatest im-
portance in the pending war with Mexico to take the earliest pos-
session of Upper California. An expedition with that view is hereby
ordered, and you are designated to command it. To enable you to
be in sufficient force to conduct it successfully, this additional force
of a thousand mounted men has been provided, to follow you in the
direction of Santa Fe, to be under your orders, or the officer you
may leave in command at Santa Fe.
It cannot be determined how far this additional force will be
behind that designed for the Santa Fe expedition, but it will not,
probably, be more than a few weeks. When you arrive at Santa
F6 with the force already called, and shall have taken possession
of it, you may find yourself in a condition to garrison it with a
small part of your command, (as the additional force will soon be
at that place,) and with the remainder press forward to California.
In that case you will make such arrangements, as to being followed
by the reinforcements before mentioned, as in your judgment may
be deemed safe and prudent. I need not say to you that, in case
you conquer Santa Fe, (and with it will be included the department,
or Slate, of New Mexico,) it will be important to provide for retain-
ing safe possession of it. Should you deem it prudent to have still
more troops for the accomplishment of the objects herein desig-
nated, you will lose no time in communicating your opinion on
that point, and all others connected with the enterprise, to this de-
partment. Indeed, you are hereby authorised to make a direct re-
quisition for it upon the governor of Missouri.
It is known that a large body of Mormon emigrants are en route
to California, for the purpose of settling in that country. You are
desired to use ail proper means to have a good understanding with
them, to the end that the United States may have their co-operation
in taking possession of, and holding, that country. It has been
suggested here that many of these Mormons would willingly enter
into the service of the United States, and aid us in our expedition
against California.. You are hereby authorised to muster into ser-
vice such as can be induced to ^volunteer; not, however, to a num-
ber exceeding one-third of your entire force. Should they enter
the service, they will be paid as other volunteers, and you can allow
154 Ex. Doc. No. 60.
them to designate, so far as it can be properly done, the persons to
act as officers thereof. It is understood that a considerable number
of American citizens are now settled on the Sacramento river, near
Suter's establishment, called " Nueva Helvetia," who are well dis-
posed towards the United States. Should you, on your arrival in
the country, find this to be the true state of things there, you are
authorized to organize and receive into the service of the United
States such portions of those citizens as you may think useful to aid
you to hold the possession of the country. You will in that case,
allow them, so far as you shall judge proper, to select their own
officers. A large discretionary power is invested in you in regard
to these matters, as well as to all others in relation to the expedi-
tions confided to your command.
The choice of routes by which you will enter California will be
left to your better knowledge and ampler means of getting accu-
rate information. We are assured that a southern route (called the
Caravan route, by which the wild horses are brought from that
country into New Mexico) is practicable; and it is suggested as not
improbable that it can be passed over in the winter months, or at
least late in autumn. It is hoped that this information may prove
to be correct.
In regards to the routes, the practicability of procuring needful
supplies for men and animals, and transporting baggage, is a point
to be well considered. Should the President be disappointed in
his cherished hope, that you wiU be able to reach the interior of
Upper California before winter, you are then desired to make the
.best arrangement you" can for sustaining your forces during the
winter, and for an early movement in the spring. Though it is
very desirable that the expedition should reach California this sea-
son, (and the President does not doubt you will make every possi-
ble effort to accomplish this object,) yet, if in your judgment it
cannot be undertaken with a reasonable prospect of success, you
will defer it, as above suggested, until spring. You are left unem-
barrassed by any specific directions in this matter.
It is expected that the naval forces of the United States, which
are now, or will soon be in the Pacific, will be in possession of all
the towns on the sea coast, and will co-operate with you in the
conquest of California. Arms, ordnance, munitions of war, and
provisions, to be used in that country, will be sent by sea to our
squadron in the Pacific for the use of the land forces.
Should you conquer and take possession of New Mexico and
Upper California, or considerable places in either, yeu will estab-
lish temporary civil governments therein — abolishing all arbitrary
restrictions that may exist, so far as it may be done with safety.
In performing this duty it would be wise and prudent to continue
in their employment all such of the existing officers as are known
to be friendly to the United States, and will take the oath of alle-
giance to them. The duties at the custom-houses ought, at once,
to be reduced to such a rate as may be barely sufficient to maintain
the necessary officers, without yielding any revenue to the govern-
ment. You may assure the people of those provinces that it is the
Ex. Doc. No. 60 155
wish and design of the United States to provide for them "a free
government, with the least possible delay, similar to that which
exists in our Territories. They will then be called on to exercise
the rights of freemen in electing their own representatives to the
territorial legislature. It is foreseen that what relates to the civil
government will be a difficult and unpleasant part of your duty,
and much must necessarily be left to your own discretion.
In your whole conduct you will act in such a manner as best to
conciliate the inhabitants, and render them friendly to the United
States.
It is desirable that the usual trade between the citizens of the
United States and the Mexican provinces should be continued, as
far as practicable, under the changed condition of things between
the two countries. In consequence of extending your expedition
into California, it may be proper that you should increase your
supply for goods to be distributed as presents to the Indians. The
United States superintendent of Irulian affairs at St. Louis will aid
you in procuring these goods. You will be furnished with a proc-
lamation* in the Spanish language, to be issued by you, and circu-
lated among the Mexican people on your entering into or approach-
ing their country. You will use your utmost endeavors to have
the pledges and promises therein contained carried out to the
utmost extent.
I am directed by the President to say that the rank of brevet
brigadier general will be conferred on you as soon as you com-
mence your movement towards California, and sent round to you
by sea, or over the country, or to the care of the commandant of
our squadron in the Pacific. In that way cannon, arms, ammuni-
tion, and supplies for the land forces will be sent to you.
Very respectfully, your obedient servant,
W. L. MARCY,
Colonel S. W, Kearny,
Fort Leavenworth^ Missouri.
Secretary of War.
No. 2.
Extract of a letter from the Secretary of War to General Taylor.
[confidential.] War Department,
Washington, July 9, 1846.
Sir: The proclamation which you were directed to spread among
the Mexican people, will have put you in possession of the views
* Note. — No proclamation tor circulation was ever furnished to General Kearny# A few
copies of that prepared for and sent to General Taylor, were forwarded to General Kearny^
but he was requested not to use them. These copies were the only proclamations sent by
the War Department to him, and I am not aware that he ever used any of them. See let-
ter of the Secretary of War to General Kearny of the 6th of June, 1846, a copy of which is
with the papers sent to the President, in answer to the resolution of the House of Represen-
tatives of the 15th of December, 1846.
W, L. MARCY.
156 Ex. Doc. No. 60.
of the government in relation to the mode of carrying on tlie war,
and also in relation to the manner of treating the inhabitants. The
war is only carried on to obtain justice, and the sooner that can be
obtained, and with the least expenditure of blood and money, the
better. One of the evils of war is the interruption of diplomatic
communications between the respective authorities, and the conse-
quent ignorance under which each party may lie in relation to the
views of the other. The natural substitute of these interrupted
diplomatic communications, is the military intercourse which the
usages of war allow between contending armies in the field, and in
which commanding generals can do much towards re-opening ne-
gotiations, and smoothing the way to a return of peace.
The President has seen, with much satisfaction, the civility and
kindness with which you have treated your prisoners, and all th«
inhabitants with whom you have come in contact. He wishes that
course of conduct continued, and all opportunities taken to con-
ciliate the inhabitants, and to- let them see that peace is within
their reach the moment their rulers will consent to do us justice.
The inhabitants should be encouraged to remain in their towns and
villages, and these sentiments be carefully made known to them.
The same things may be said to officers made prisoners, or who
may visit your head-quarters according to the usages of war; and
it is the wish of the President that such visits be encouraged; and,
also, that you take occasions to send officers to the head-quarters of
the enemy for the military purposes, real or ostensible, which are
of ordinary occurrence between armies, and in which opportunity
may be taken to speak of the war itself as only carried on to ob-
tain justice, and that we had much rather procure that by negotia-
tion than by fighting. Of course authority to speak of your gov-
ernment will be disavowed, but a knowledge of its wishes will be ,
averred, and a readiness will be expressed to communicate to your
government the wishes of the Mexican government to negotiate
for honorable peace, whenever such shall be their wish, and with
the assurance that such overtures will be met in a corresponding
spirit by your government. A discreet officer, who understands
Spanish, and who can be employed in the intercourse so usual be-
tween armies, can be your confidential agent on such occasions, and
can mask his real under his ostensible object of a military inter-
view.
You will also readily comprehend that in a country so divided
into races, classes,- and parties, as Mexico is, and with so many
local divisions among departments, and personal divisions among
individuals, there must be great room for operating on the minds
and feelings of large portions of the inhabitants, and inducing
them to wish success to an invasion which has no desire to injure '
their •country; and which, in overthrowing their oppressors, may
benefit themselves. Between the Spaniards, who monopolize the
wealth and power of the country, and the mixed Indian race, who
bear its burdens, there must-be jealousy and animosity. The same
feelings must exist between the lower and higher orders of the
clergy; the latter of whom have the dignities and the revenues,
Ex. Doc. No 60 157
while the former have poverty and labor. In fact, the curates
were the chief authors of the revolution which separated Mexico
from Spain, and their relative condition to their superiors is not
much benefited by it. Between the political parties into which the
country is divided, there must be some more liberal and more
friendly to us than others; the same may be said of rival chiefs,
political and military; and even among the departments there are
local antipathies and dissensions. In all this field of division — in
all these elements of social, political, personal, and local discord
— there must be openings to reach the interests, passions, or prin-
ciples of some of the parties, and thereby to conciliate their good
will, and make them co-operate with us in bringing about an hon-
orable and a speedy peace. The management of these delicate
movements is confided to your discretion; but they are not to
paralyze the military arm, or in any degree to arrest or retard your
military movements. These must proceed vigorously. Policy and
force are to be combined; and the fruits of the former will be
prized as highly as those of the latter.
It is seen from the Mexican papers, that great attempts are made
to prejudice and exasperate the minds of the people against us.
The war is represented on their part as one of "national existence;"
as if it was our wish to destroy the Mexican nation! It is repre-
sented as a war of "rapine and plunder;" as if we intended to rob
and oppress the people? It is represented as a war of "impiety;"
as if we were going to rob churches and pull down altarfe! The
conduct of yourself, your officers, and men, has shown to all Mexi-
can citizens that you have met, and as far as you have gone, the
injustice and absurdity of all these imputations; but they are still
systematically propagated through the country, and must find be-
lievers in a country where ignorance is so great, and the means of
disseminating truth so small. The counteraction of these injurious
imputations will be your particular duty; first, by a continuation
of your just and honorable conduct towards the people, their pro-
perty and religion, and kindness to prisoners; and next, by making
it a point in your interviews with the commanders of the army of
the enemy to speak of these unjust imputations, for the purpose of
correcting them. It is the President's wish not only to brine the
war to a speedy conclusion, but so to conduct it as to leave no
lasting animosities behind to prejudice the future friendship and
commerce of the two countries; nor to permit injurious reports to
go forth to excite the ill will of the other republics, of Spanish
origin, against us.
Availing yourself of divisions which you may find existing among
the Mexican people — to which allusion has been made — it will be
your policy to encourage the separate departments or States, and
especially those which you may invade and occupy, to declare their
independence of the central government of Mexico, and either to
become our allies, or to assume, as it is understood Yucatan has
done, a neutral attitude in the existing war between the United
States and Mexico. In such of the departments or states as may
take this course, you will give the inhabitants assurances of the
158 Ex. Doc. No. 60.
protection of your army until the return of peace, so far as may be
consistent with your military plans of operation. When peace is
made, they may decide for themselves their own form of govern-
ment. In such departments as may be conquered, or assume a neutral
attitude, you may, at your discretion, observe the same course of
conduct as that presented in the instructions given to General Kear-
ny by the department on the 3d day of June, 1846. A copy of the
instructions to General Kearny is herewith transmitted to you.
*******
I have the honor to be, very respectfuliy, your obedient servant,
W. L. MARCY.
No. 3.
Letter of the Secretary of War to General Taylor.
War Department,
Washington^ July 6, 1848.
Sir: I have the honor to enclose you a circular of the Secretary
of the Treasury, relative to the commerce and trade with Matamo-
ras, and such other places in Mexico as may be in the actual oc-
cupancy or under the control of the American forces. I believe
the circular contains all the instruction you may need for the guid-
ance of your conduct. Should there be other points not embraced
in it, they will receive prompt attention when brought to the notice
©f this department.
I am, with great respect, your obedient servant,
W. L. MARCY,
Maj. Gen. Z. Taylor,
Commanding, ^c, 4c.
Secretary of War,
No. 4.
Cicular to collectors and other oncers of the customs.
Treasury Department, June 30, 1846.
The circular of this department, of the 11th instant, contained
the following paragraph:
" By the law of nations, as recognized by repeated decisions of
our judicial tribunals, the existence of a state of war interdicts all
trade or commerce between the citixerss of the two nations engaged
in the war. It consequently follows, that neither vessel nor mer-
chandise of any description can be allowed to proceed from ports
or places in "the United States to ports or places in the territories
of Mexico, with the exception of such ports or places in the latter
country as may be at the time in the actual posstssion of the United
States forces."
Ex. Doc. No. 60. 159
Matamoras is now in the actual possession of the forces of the
United States, and perhaps other ports and places on the same side
of the Rio Grande.
In case of the application of vessels for clearances for the port
of Matamorasj you will issue them under the following circum-
stances:
1st. To American vessels only.
2d. To such vessels carrying only articles of the growth, produce,
or manufacture of the United States, or of imports from foreign
countries to our own upon which the duties have been fully paid;
and upon all such goods, whether of our own or of foreign coun-
triss, no duties will be chargeable at the port of Matamoras so
long as it is in the possession of the forces of the United States.
In issuing this order, it is not intended to interfere with the
authority of General Taylor to exclude such articles, including
spirituous liquors or contraband of war, the introduction of which
he may consider injurious to our military operations in Mexico.
Foreign imports which may be re-exported in our vessels to
Matamoras, will not be entitled to any drawback of duty; for, if
this were permitted, they would be carried from that port into the
United States, and thus evade the payment of all duties.
Whenever any other port or place upon the Mexican side of the
Rio Grande shall h&ve passed into the actual possession of the
forces of the United States, such ports and places will be subject
to ail the above instructions which are applicable to the port of
Matamoras.
R. J. WALKER,
Secretary of the T"-easury.
No. 5.
Letter of the Secretary of War to Colonel Stevenson.
War Department, September 11, 1846.
Sir: The transports having on board the regiment under your
command are destined to the Pacific, and will repair to our naval
squadron now on the coast of California. Instructions, with a copy
of which you are herewith furnished, have been given to the naval
commander on the station in regard to his operations, and you are
directed to co-operate with him in carrying out his plans, so far as
the land forces may be needed for that purpose. Without under-
taking to give specific instructions as to the movements of our
forces in that quarter — for much must be left to the judgment of
the commanding officers — it is proper to state that the military oc-
cupation of California is the main object in view. There are three
point deemed to be worthy of particular attention. These are San
Francisco, Monterey, and San Diego. It is important to have pos-
session of the bay of San Francisco, and the country in that vicin-
160 Ex. Doc. No. 60.
ity. The necessity of having something like a permanent and se-
cure position on the coast of California, and probably at this place,
will not be overlooked. Assuming that such a position will Be
found and selected in the bay of San Francisco, it is expected that
a fortification, such as the means at your command may enable you
to construct, will be erected, and that the heavy guns heretofore
.sent out, and those taken by, the transports, to the extent needed,
will be used for its armament. This work should be designed for
a two-fold object — the protection of the,vessels in the bay, and the
security of the land forces. The selection of the site will be an
important matter. It should be preceded by a careful examination
of the place with reference to both objects, and the location made
under the advice and direction of the commanding naval officer.
It may, however, be that your first debarkation will not be at this
point. The circumstances which may be found to exist on your ar-
rival in that region must control in this matter.
It is probable that Monterey will have been taken by our naval
force before the land troops reach that coast, and they may be
needed to hold possession of it. This place is also secured by for-
tifications or temporary works from an attack eitheV by sea or land.
Judging from the information we have hereof what will be the state
of things on your arrival on the coast of California, it is concluded
that these will be found to be the important points, and the pos-
session of them essential to the objects in view in prosecutiag the
war in that quarter; but the particular mention of them is by no
means intended as instructions to confine our military operations to •
them. As to the third place suggested, San Diego, less is known
of it than the other two. Should the naval commander determine
to take and hold possession of it, and need the land force, or a part
of it, for that purpose, you will, of course, yield to his views in that
respect. Whatever is done upon the coast of California, or of any
other part of Mexico, will require, it is presumed, the co-opera-
tion of the land and naval forces, and it is not doubted that this
co-operation will be cordially rendered. •
The point, or points, of debarkation of the regiment under your
command should be settled as speedily as practicable after your ar-
rival upon the Mexican coast, and the transports discharged. The
land forces will thereafter be attended with the vessels of the squa-
dron. The ordnance, ammunition, arms, and all descriptions of
public property which ?re not required on shore, or cannot be safe-
ly deposited there, will be transferred to the public ships. Upon
them the land forces must rely for bringing supplies where water'
transportation is necessary. If the exigency of the service requires
these forces to remove from one place to another on the coast, the
public vessels will furnish the means of doing so.
The regiment under yor.r command, as well as the company of
Captain Tompkins, which has preceded it, is a part of General
Kearny's command; but it may be that he will not be in a situation
to reach you, by his orders, immediately on your debarkation. Un-
til that is the case, yours will be an independent command, ex-
cept when engaged in joint operations with the naral force.
Ex. Doc. No. 60. 161
It is not expected that you will be able to advance far into the
country; nor is it advisable for you to undertake any hazardous en-
terprises. Until you shall fall under the command of General
Kearny, your force wriH be mostly, if not wholly, employed in seiz-
ing and holding important possessions on the sea coast.
The government 'here have received information which is deemed
lo be reliable, though not official, that our squadron in the Pacific
had taken possession of Monterey as early as the 6th of July last.
There is reason to believe that California is not favorably dis-
posed to the central government of Mexico, and will not be dis-
posed to make a vigorous resistance to our operations in that quar-
ter. Should you find such to be the state of things there, it will
be of the greatest importance that the good will of the people to-
■wards the United States should be cultivated. This is to be done
by liberal and kind treatment. They should be made to feel that
"we come as deliverers. Th^ir rights of person, jJroperty, and reli-
gion, must be respected and sustained. The greatest care must be
taken to restrain the troops from all acts of license or outrage; the
supplies drawn from the country must be paid for at fair prices;
and, as far as practicable, friendly relations should be established.
In the event of hostile resistance, your operations must be governed
by circumstances; and you must use the means at your command
to accomplish the objects in view — the military occupation of the
country. It is not, however, expected that much can be done, if
preparations have been made to resist, until the force under Gene-
ral Kearny shall have entered the country.
You are directed to embrace every opportunity to communicate
•with this department; and to furnish it with not only a full account,
of your movements and operations previous to your coming under
the direct command of General Kearny, but with such other infor-
mation as may be useful for the department to possess in regard to
conducting the war in that quarter.
Your attention is particularly directed to that portion of the in-
structions to the commanding officer of the squadron in the Pacific^
herewith, which has reference to the joint operation of the lan^
and naval force, and you will conform your conduct thereto.
You are also furnished with an extract from instructions to Gen-
eral Kearny, giving directions for the course of conduct to be pur-
sued while in the military occupation of any portion of the ene-
my's country; together with a copy of a letter to General Taylor j,
enclosing one from the Secretary of the Treasury in regard to com*
mercial intercourse with such parts of the enemy's ports, ■&c., as
may be in possession of our forces. These are to be regarded as
instructions to you, should you find yourself placed in the circum-
stances therein contemplated.. You will take the earliest opportu-
nity to make the commanding officer of the squadron in the Pacific
fully acquainted with your instructions, and the accompanying ps:-
pers. Where a place is taken by the joint action of the naval aB^
land force, the naval officer in command, if superior in rank t©
yourself, will be entitled to make arrangements for the civil gOT-
crnment of it while it is. held by the co-operation of both branches
11
162 Ex. Doc. No. 60.
of the military force. All your powers, in this respect, wilU of
course be devolved on General Kearny, whenever he shall arrive in
California and assume the command of the volunteer regiment. As
soon &s practicable, you will furnish him with a copy of this com-
munication, and the other papers herewith transmitted.
Very respectfully, your obedient servant,
W. L. MARCY,
Secretary of War.
Col. J. D. Stevenson,
Commanding Regiment of Volunteers^
Governor's Island^ harbor of JVew York.
Ne. 6.
Letter of the Secretary of War to General Kearny.
War Department,
Washington, September 12, 1846.
Sir: A volunteer regiment raised in the State of New York, en-
p-aged to serve during the war with Mexico, and to be discharged
wherever they may be at its termination, if in a territory of the
United States, has been mustered into service, and is about to em-
bark at the port of New York for California. This force is to be
a part of your command; but, as it may reach the place of its des-
tination before you are in a condition to subject it to your orders,
the colonel of the regiment, J. D. Stevenson, has been furnished
with instructions for his conduct in the mean time. I herewith
send you a copy thereof, as well as a copy of the instructions of
the Navy Department to the commander of the naval squadron in,
the Pacific; a copy of a letter to General Taylor, with a circular
from the Treasury Department; a copy of a letter from General
Scott to Captain Tompkins; and a copy of general regulations
relative to the respective rank of naval and army officers. These,
so far as applicable, will be looked upon in the light of instruc-
tions to yourself. The department is exceedingly desirous to be
furnished by you with full information of your progress and pro-
ceedings, together with your opinion and views as to your move-
?raents into California, having reference as to time, route, &c.
Beyond the regiment under the command of Colonel S. Price, and
the separate battalion called for at the same time by the President
from the governor of Missouri, a requisition for one regiment of
infantry was issued on the I8th of July last; but the information
subsequently received here induced the belief that it would not be
needed- and the difficulty of passing it over the route at so late a
period in the season, with the requisite quantity of supplies, &c.,
Tjras deemed so great, that the orders to muster it into service have
been countermanded. It will not be sent. Your views as to the
~ Ex. Doc. No. 60. 163
sufficiency of your force, and the practicability of sustaining a
larger one, tScc, are desired.
I am, with great respect, your obedient servant,
W. L. MARCY,
Gen. S. W. K-earny,
Fort Leavenworth^ Missouri.
Secretary of War.
No. 7.
Letter of the Adjutant General te the Secretary of War.
Adjutant General's Office,
Washington^ December 17, 1846.
Sir: In answer to the resolution of the House of Representa-
tives of the 15th instant, calling for copies of all orders and in-
structions given to Generals Taylor, Wool, Kearny, or any other
officer, relative to the establishment, or organization of civil govern-
ment in Mexico by United States officers; also, what forms of gov-
ernment such officers, or either of them, may have established, &.C.,
I have the honor to submit the enclosed copy of the letter of in-
structions of Major General Scott to Brigadier General Kearny,
dated JVovember 3, 1846, being the only communication from this
office, or that of the commanding general of the army, having any
Teference to the subject of the House resolution.
In respect to the secon : head of the inquiry, I have to state that,
on the 23d of JYovemher, a communication was received from.
Brigadier General Kearny, dated at "Santa Fe, New Mexico,'^
September 22, 1846, sending a copy of the laws established by his
authority for the government of that territory, and also a list of
the persons he had appointed to office. This communication was
immediately laid before the Secretary of War, and has not since
been returned to this office. No other communication touching the
subject of civil government in Mexico has been received at the
adjutant general's office.
Respectfully submitted:
R. JONES,
Adjutant General.
Hon. W. L. Marcy,
Secretary of War.
No. 8.
Letter from Major General Scott to General Kearny,
Head-quarters of the Army,
Washington, Jfovember 3, 1846.
Sir: We have received from you many official reports, the latest
dated September the 16th. A special acknowledgment of them, by
dates, will go, herewith, from the adjutant general's office.
164 Ex. Doc. No. 60.
Your march upon and conquest of New Mexico, together with
the military dispositions made for holding that province, have, won
for you, I am authorised to say, the emphatic approbation of the
Executive, by whom, it is not doubted, your movement upon ^nd
occupation of Upper California wi,ll be executed with like energy,
judgment, and success. ,
You will, at Monterey, or the bay of San Francisco, find an en-
gineer otficer (Lieutenant Halleck) and a company of the United
States artillery, under Captain T.ompkins. It is probable that an
officer' of engineers, or of topographical engineers, has accompanied
you from Santa Fe. Those officers, and the company of artillery^
aided by other troops under your command, ought promptly to be
employed in erecting and garrisoning durable defencesfor holding
"the bays of Monterey and San Francisco, together with such other
important points in the sam^ province as you may deem it neces-
sary to occupy. Intrenching tools, ordnance, and ordnance stores,
"went out in the ship Lexington, with Captain Tompkins. Further
ordnance supplies may be soon expected.
It is perceived, by despatches received at the Navy Department
from the commander of the United States squadron on the coast of
the Pacific, that certain volunteers were taken into service by him
fpom the settlers about the bays of Monterey and San Francisco, to
aid him in seizing and holding that country. With a view to regu-
lar payment, it is desirable that those volunteers, if not originally
mustered, should be caused by you to be regularly mustered into
service (retrospectively) under the volunteer act of May 13, 1846,
amended by an act of the following month. This may be done
with the distinct understanding that, if not earlier discharged, as
no longer needed, you will discharge them at any time they may
signify a wish to that effect.
You will probably find certain port charges and regulations es-
tablished for the harbors of the province by the commanders of the
United States squadron upon its coast. The institution and alter-
ation of such regulations appertain to the naval commander, who
is instructed by the proper department to confer on the subject
-with the commander of the land forces. As established, you will,
in your sphere, cause those regulations to be duly respected and en-
forced. On the other hand, the appointment of temporary collec-
* tors at the several ports appertains to the civil governor of the
province, who will be, for the time, the senior officer of the land
forces in the country. Collectors, however, who have been al-
ready appointed by the naval commander, will not be unnecessarily
changed.
As a guide to the civil governor of Upper California, in our
hands, see the letter of June the 3d (last) addressed to you by the
Secretary of War. You will not, however, formally declare the
province to be annexed. Permanent incorporation of the territory
must depend on the government of the United States.
After occupying with our forces all necessary points in Upper
California, and establishing a temporary civil government therein^,
as well as assuring yourself of its internal tranquility and the ab-
Ex. Doc. No. 60: 165
gence of any danger of reconquest on the part of Mexico, you may-
charge Colonel Mason, United States 1st dragoons, the bearer of
this open letter, or land officer next in rank to your own, with your
several duties, and return yourself, with a sufficient escort of troops,
to ^t. Lou^s, Missouri; but the body of the United States dragoons
that accompanied you to California will remain there until furtlfbr
orders.
It is not known what portion of the Missouri volunteers, if any,,
marched with you from Santa Fe to the Pacific, If any, it is ne-
cessary to provide for their return to their homes and honorable
discharge; and, on the same supposition, they may serve you as a
sufficient escort to Missouri.
It is known that Lieutenant Colonel Fremont, of the United.
States rifle regiment, was, in July last, with a party of men in the
service of the United States topographical engineers, in the neigh-
borhood of San Francisco or Monterey bay, engaged in joint opera-
tions against Mexico with the United States squadron on that coast.
Should you find him there, it is desired that you do not detain him,
against his wishes, a moment longer than the necessities of the ser-
vice may require.
I need scarcely enjoin deference, and the utmost cordiality, on
the part of our land forces towards those of our navy in the joint
service on the distant coast of California. Reciprocity may be
cordially expected; and towards tlmt end, frequent conferences be-
tween commanders of the two arms are recommended. Harmony ia
co-operation, and success cannot but follow.
Measures have been taken to supply the disbursing officers, who
have preceded and who may accompany you, with all necessary
funds. Of those measures you will be informed by Colonel Mason.
I remain, sir, \<^ith great respect, your obedient servant,
WINFIELD SCOTT.
Brig. Gen. S. VV. Kearny, U. S. Ji.,
Commanding U. S. forces, 10th military department.
No. 9.
Letter of the Secretary of War to General Taylor.
War Department, June 4, 1846.
Sir: I send herewith a number of copfes of a proclamation in
the Spanish language, addressed to the people of Mexico, which
you are requested to sign and cause to be circulated in the manner
and to the extent you may deem proper. You will uSe your ut-
most endeavors to have the pledges and promises therein contain-
ed carried out to the fullest extent. There are also sent some
copies of the proclamation in the English language.
Very respectfully, your obedient servant,
W. L. MARCY,
Secretary of War.
Brevet Maj. Gen. Z. Taylor,
Commanding army of occupation^ Texas.
166 ' Ex Doc. No. 60.
No. 10. ", - •
[Translition of a proclamation, in Spanish, furnished to General Taylor.]
A PROCLAMATION
t
"5y THE GENERAL COMMANDING THE ARMY OF THE U. S. OF AMERICA,.-
To the people of Mexico:
After many years of patient endurance^ the United States are at
leno-th constrained to acknowledge that a war now exists between
our government and the government of Mexico. For many years
our citizens have been subjected to repeated insults and injuries,
our vessels and cargoes have been seized and confiscated, our mer-
chants have been plundered, maimed, imprisoned, without cause
and without reparation. At length your government acknowledged
the justice of our claims, and agreed by treaty to make satisfaction,
by payment of several millions of dollars; but this treaty has been
violated by your rulers, and the stipulated payments have been
withheld. Our late effort to terminate all difficulties by peaceful
negotiation has been rejected by the dictator Paredes, and our
minister of peace, whom your rulers had agreed to receive, has
been refused a hearing. He has been treated with indignity and
insult, and Paredes has annomiced that war exists between us.
This war, thus first proclaimed by him, has been acknowledged as
an existing fact by our President and Congress, with perfect^ una-
nimity, and will be prosecuted v/ith vigor and energy against your
army and rulers; but those of the Mexican people who remain
neutral will not be molested.
Your government is in the hands of tyrants and usurpers. They
have abolished your State governments, they have overthrown
your federal constitution, they have deprived you of the rigSt ot
suffrage, destroj^ed the liberty of the press, despoiled you of your
arms, and reduced you lo a state of absolute dependence upon the
power of a military dictator. Your army and rulers extort from
the people, by grievous taxation, by forced loans, and military
seizures, the very money which sustains the usurpers in power.
Being disarmed, you are left defenceless, an easy prey to the
savage Cumanches, who not only destroy your lives and property^
but drive into a captivity, more horrible than death itself, your
wives and children. It*is yovir military rulers who have reduced
you to this deplorable condition. It is these tyrants, and their
corrupt and cruel satellites, gorged with the people's treasure, by
■whom you are thus oppressed and impoverished, some of whom
have boldly advocated a monarchical government, and would place
a European prince on the throne of Mexico. We come to obtain
reparation for repeated wrongs and injuries, we come to obtain
indemnity for the pr.st and security for the future, we come to
overthrow the lyrants who have destroyed your liberties; but we
come to make no war upon the people of Mexico, nor upon any
form of free government they may choose to select for themselves..
Ex. Doc. No. 60. 167
It is our wish to see you liberated from despots, to drive back the
savage Curaanches, to prevent the renewal of their assaults, and
to compel them to restore to you from captivity your long lost
wiVes and children. Your religion, your altars and churches, the
property of your churches and citizens, the emblems of your faith
and its ministers, shall be protected and remain inviolate. Hun-
'^•":ds of our ar^y, and hundreds of thousands of our people, are
members of the Catholic church. In every State, and in nearly
every city and village of our Union, Catholic churches exist, and
the priests perform their holy functions in peace and security, un-
der the sacred guarantee of our constitution. We come among the
people of Mexico»as friends and republican brethren, and all who
receive us as such shall be protected, whilst all who are seduced
into the army of youf dictator shall be treated as enemies. We
shall want from you nothing but food for our army, and for this
you shall always be paid, in cash, the full value. It is the settled
policy of your tyrants to deceive you in regard to the policy and
character of our government and people. These tyrants fear the
example of our free institutions, and constantly endeavor to mis-
represent our purposes, and inspire you with hatred for your re-
publican brethren of the American Union. Give us but the oppor-
tunity to undeceive you, and you will soon learu that all the
representations of Paredes were false, and were only made to in-
duce you to consent to the establishment of a despotic govern-
ment.
In your struggle for liberty with the Spanish monarchy, thou-
sands of our countrymen risked their lives and shed their blood in
your defence. Our own commodore, the gallant Porter, maintained
in triumph your flag upon the ocean, and our government was the
first to acknowledge your independence. With pride and pleasure
we enrolled your name on the list of independent republics, and
sincerely desired that you might in peace and prosperity enjoy all
the blessings of free government. Success on the part of your
tyrants against the army of the Union is impossible; but if they
could succeed, it would only be to enable them to fill your towns
with their soldiers, eating out your substance, and harassing you
with still more grievous taxation. Already they have abolished the
liberty of the press, as the first step towards the introduction of
that monarchy which it is their real purpose to proclaim and es-
tablish.
Mexicans, we must treat as enemies and overthrow the tyrants
who, whilst they have wronged and insulted us, have deprived you
of your liberty; but the Mexican people who remain neutral during
the contest shall be protected against their military despots, by the
lepublican army of the Union.
168 Ex. Doc. No. 60.
No. 11.
Letter of the Secretary of War to General Kearny.
War Departmen'P,
Washington J June 5, 1846.
Sir: I enclosed to you a few copies of a proclamation prepared
for General Taylor, to issue to the Mexicans. I discover that there
are parts of it that will not answer our purpose for Santa Fe or
Upper California. You will not, therefore, use these copies. It
Is intended to make the needful alterations in ity and, thus altered,
send on copies* to you before you will have occasion to distribute
them. I must, however, urge you not toiuse those which have
been forwarded.
Yours, respectfully,
W. L. MARCY.
Col. S. W. Kearny.
No. 12.
PROCLAMATION OF GENERAL KEARNY, OF 31st JULY.
«
Proclamation to the citizens of J^ew Mexico, by Colonel Kearny, corn-
manding the United States forces.
The undersigned enters New Mexico with a large military force,
for the purpose of seeking union with and ameliorating the condi-
tion of its inhabitants. This he does under instructions from his
government, and with the assurance that he will be amply sustained
in the accomplishmenl of this object. It is enjoined on the citizens
of New Mexico to remain quietly at their homes, and to pursue their
peaceful avocations. So long as they continue in such pursuits,
they will not be interfered with by the American army, but will be
respected and protected in their rights, both civil and religious.
All who take up arms or encourage resistance against the gov-
ernment of the United States will be regarded as enemies, and will
be treated accordingly.
S. W. KEARNY, -
Colonel First Dragoons.
Camp at Bent's Fort, on the Arkansas,
July 31, 1846.
*No proclamation, modified as proposed, was sent.
W. L. MARCY,
Ex. Doc. No. 60. 169
No. 13.
Letter of General Kearny to the Adjutant General.
Head-quarters, Army'of the West,
Santa Fc, JYew Mexico , August 24, 1846.
Sir: I have to report that on the 18th instant, the army under my
command marched into this city, the capital of New Mexico, having
met vs^ilh no armed resistance; the Mexican troops, numbering
about 4,000, which had been collected on the road by Governor
Armijo to oppose us, having dispersed on our approaching them,
and the governor himself having fled, with a troop of his dragoons,
towards Chihuahua. On the 22d I issued a proclamation, claiming
the whole of New Mexico, with its then boundaries, as a territory
of the Unit-^d States of America, and taking it under our protection.
I send, herewith, copies of all official papers on the subject. The
people of the territory are now perfectly tranquil, and can easily
be kept so. The intelligent portion know the advantages they are
to derive from the change of government, and express their satisfac-
tion at it.
In a few days I shall march down the Del Norte and visit some
of the principal cities below, for the purpose of seeing the people
and explaining to them personally ou" intentions relating to the
territory. On my return (which will be in two or three weeks) a
civil government shall be organized, and the officers appointed for
it; after which, I will be ready to start for Upper California, which.
I hope may be by the latter end of next month, and in such case, I
shall expect to havq possession of that department by the close of
November. «
I have not heard from or of Colonel Price and his command,
which he was to raise and bring here, and have received but vague
rumors of Captain Allen and the Mormons. I suppose, however,
they will all be here in ^ few weeks. Captain Allen's command
will accompany me to the Pacific, and the number of efficient men
he brings will determine the additional number I must take from
here. After deciding upon that, and upon the number which will
be necessary to hold this territory, I shall send the surplus to Chi-
huahua, to report to Brigadier General Wool. I e«close a copy of '
my communication to him of the 22d instant.
On the 15th instant I received yours of 2d and 3d July, the for-
mer enclosing a copy of a letter to Captain Tompkins, 3d artillery,
from the general-in-chief — the latter enclosing for me a commission
of Brigadier General, which I hereby accept of, and for which I of-
fer to the President and Senate my acknowledgment and thanks for
the honor they have conferred on me.
Very respectfully, your obedient servant,
S. W. KEARNY,
Brigadier General.
Brigadier General R. Jones,
Adjutant General U. S. A., Washington.
170 Ex. Doc. No. 60.
No. 14.
PROCLAMATION OF GENERAL KEARNY, OF 22d AUGUST.
Proclamation to the inhabitants of Mew Mexico by Brigadier Gen-
eral S. W. Kearny^ commanding the troops of the United States
in the same.
As, by the act of the republic of Mexico, a state of war exists
between that government and the United States; and as the under-
signed, at the head of his troops, on the l8th instant, took posses-
sion of Santa Fe, the capital of the department of New Mexico, he
"now announces his attention to hold the department, with its ori-
ginal boundaries, (on both sides of the Del Norte,) as a part of the
United 'States, and under the name of " the territory of New
» Mexico."
The undersigned has come to New Mexico with a strong military
force, and an equally strong one is following close in his rear. He
has more troops than is necessary to put down any opposition that
can possibly be brought against him, and therefore it would be but
folly or madness for any dissatisfied or discontented persons to»
think of resisting him.
The undersigned has instructions from his government to respect
the religious institutions of New Mexico — to protect the property of
the church — to cause the worship of those belonging to it to be un-
disturbed, and their religious rights in the amplest manner preserved
to them — also to protect the persons and property of all quiet and
peaceabls inhabitants within its boundaries against their enemiesy,
the Eutaws, the Navajoes, and others; and when he assures all that
it will be his pleasure, as well as his duty, to comply with those
instructions, he calls upon them to exert themselves in preserving^
prder, in promoting concord, and in maintaining the authority and
efficacy of the laws. And he requires of those who have left their
homes and taken up arms against the troops of the United States, to
jeUirnforthivith to them, or else they will»be considered as enemies-
and traitors, subjecting their persons to punishment and their pro-
perty to seizure and confiscation for thebenefit of the public treasury..
It is the wish and intention of the United States to provide for
New Mexico a free government, with the least. possible delay, simi-
lar to those in fhe United States; and the people of New Mexico
"will then be called on to exercise the rights of freemen in electing
their own representatives to the territorial legislature. But until this
can be done, the laws hitherto in existence will be continued until
^ changed or modified by competent authority; and those persons
holding office will continue in the same for the present, provided
they will consider themselves good citizens and are willing to take
the oath of allegiance to the United States.
The United States hereby absolves all persons residing within
the boundaries of New Mexico from any further allegiance to the
republic of Mexico, and hereby claims them as citizens of the
United States. Those vrho remain quiet and peaceable, will be con-
sidered good citizens and receive protection — those who are found
Ex. Doc. No. 60. 171
in arms, or instigating others against the United States, will be
considered as traitors, and treated accordingly.
Don Manuel Armijo, the late governor of this department, ^as
fled from it: the undersigned has taken possession of it without
firing a gun, or spilling a single drop of blood, in which he most
truly rejoices, and for the present will be considered as governor of
the territory. ,
Given at Santa Fe, the capital of the territory of New Mexicoy
this 22.d day of August, 1846, and in the 71st year of the indepen-
dence of the United States.
S. W. KEARNY,
Brigadier General U. S. Army.
By the Governor:
Juan Bautista Vigil y Aland.
No. 15.
Letter from General Kearny to General Wool.
Head-quarters, Army of the West,
Santa Fe^ JSTew Mexico, August 22, 1846.
General: I have to inform you, that on the 18th instant, with-
out firing a gun or spilling a drop of blood, I took possession of
this city, the capital of the department of. new Mexico; and that I
have this day issued a proclamation claiming the whole depart-
ment, with its original boundaries, for the United States, and under
the title of " the territory of New Mexico."
Every thing here is quiet and peaceable. The people now under-
stand the advantages they are to derive from a change of govern-
ment, and are much gratified with it.
I have more troops (Missouri volunteers) following in my rear.
On their arrival, there will be more than necessary for this terri-
tory. ,1 will send the surplus to you. Should you not want them,
you can order them to Major General Taylor, or to their homes, as
you may think the good of the public service requires.
I am destined for Upper California, and hope to start from here
in the course of a few weeks. Success attend you.
Very respectfully, your obedient servant,
S. W. KEARNY,
Brig. Gen. U. S. Army.
Brig. Gen. Jno. E. Wool,
U. S. Army, Chihuahua.
172 Ex. Doc. No. 60.
No. 16.
Appointment^ by General Kearny, of Treasurer of Santa Fe.
m
Henry L. Dodg;e is appointed treasurer of Santa Fe, New Mexico,
in the place of Francisco Ortis, who, in consequence of sickness,
is unable to perform the duties.
Mr. Ortis will turn over to his successor any public funds, books,
or property, pertaining to his office, which he may have in his pos-
session.
S. W. KEARNY,
Brig. Gen. U. S. A.
Santa Fe, New Mexico,
August 28, 1846.
No. 17.
Appointment, by General Kearny, of Collector of Santa Fe.
Tomas Rivero is appointed collector of Santa Fe, territory of
New Mexico, in the place of Jose Garcia, who, from deafness, is
unable to perform the duties.
Mr. Garcia will turn over to his successor any public funds,
books, or property, pertaining to his office, which he may have ia
his possession.
Santa Fe, New Mexico,
August 29, 1846.
S. W. KEARNY,
Brig. Gen. U. S. A.
No. 18.
Letter of General Kearny to the Adjutant General.
Head-quarters, Army of the West,
Santa Fe, JYew Mexico, September 1, 1846.
Sir: I avail myself of a private opportunity to Missouri to send
to you copies of all papers, civil and military, which have passed
from under my hands since the 24th ultimo, the* date of my last
communication to you.
The troops composing this command are, ^ and have been since
the day after our reaching here, necessarily divided — one half the
officers and men (excepting of the infantry) are, with all the horses
and mules, about 25 miles from here, where they went for grass;
the other half are in and around this city, and a large number of
them daily employed, under the engineers, in erecting fortications
to insure the safety of it.
. Ex. Doc. No. 60. 173
We leave here to-morrow, taking about 700 mounted men with
us to visit the lower country, and to quiet the minds of the people,
■which are still a little excited by idle rumors and reports. I shall
be absent about a fortnight; after which an express will be sent to
Fort Leavenworth, with such information as I may obtain.
I am now endeavoring to raise from the inhabitants of the terri-
tory a company of infantry, (volunteers for one year.) I have ap-
pointed a Mexican captain, and an American first lieutenant of it.
I think much good will result from it.
Very respectfully, your obedient servant,
S. W. KEARNY,
Brigadier General.
Brig. Gen. Jones,
Adjutant General U. S. Jl.^ Washington.
No. 19. ;
Order of General Kearny abolishing the use of stamp paper.
From this day so much of the law, hitherto in force in New
Mexico, which requires that stamped paper shall be; used in certain
transactions, is abolished.
S. W. KEARNY,
Brig. Gen. U. S. A..
Santa Fe, Territory of New Mexico,
August 29, 1846.
No. 20.
ORDER OF GENERAL KEARNY REGULATING LICENSES.
Licenses for stores^ ^c. — Duties on wagons, Sfc.
The following sums will be collected in place of those estab-
lished April 11th, 1844:
License for dry goods store, per month $2 00
Do grocery, do do 4 00
Do taverns, do 5 00
Do public billiard tables, do 3 00
Do monte table, chuza or game of chance, per night, 1 50
Do balls, where money is charged for attending, 2 00
Licenses for the above must be obtained and paid for in advance;
if not, then five times the foregoing suras to be charged, and the
individuals confined until the amount is paid.
Wagons from the Arkansas or Chihuahua, with gdods be-
longing to individuals, and not public ones, each $4 00
174 Ex. Doc. No. 60.
Pleasure carriages, from the above places, each -$2 00
Wao-ons or carriages, belonging to individuals, entering
the public Plaza • 25
The above sums will be collected by the collector of Santa Fe,
and turned over to the treasurer of the city for the benefit thereof;
the treasurer and collector keeping a correct account of all sums
received, and for which they will be held strictly responsible.
• The collector of Galisteo will collect the same amount for each
wagon or carriage as above; both to take effect from the 22d in-
stant, the day of New Mexico becoming a part of the United
States.
The above to continue in force until changed by proper author-
^^^' ^ S. W. KEARNY,
Brigadier General U. S. Army.
Santa Fe, New Mexico,
August 27, 1846.
No. 21.
Letter of General Kearny^ to the Adjutant General.
Head-quarters, Army of the West,
Santa Fe., New Mexico, September 16, 1S46.
Sir: Since my communication to you of the 1st instant, I have
inarched with 700 men about 100 miles down the Del Norte, to the
village of Tome. The inhabitants of the country were found to
be highly satisfied and contented with the change of government,
and apparently vied with each other to see who could show to us
the greatest hospitality and kindness.
There can no longer be apprehended any organized resistance in
this territory to our troops; and the commander of them, whoever
he may be, will hereafter have nothing to attend to but to secure
the inhabitants from further depredations from the Navajoe and
Eutaw Indians; and, for this object, paragraph three of Orders No.
2.3, was this day issued, a copy of which is enclosed herewith.
As this territory is now so perfectly quiet, I have determined
(knowing the wishes of the Executive) to leave here for Upper
California as soon as possible, and have fixed upon the 25th as the
day of departure. As 1 am ignorant when to expect Captain Allen
and his command, I have determined upon taking with me Major
Sumner and the efficient men (about 300) of the 1st dragoons.
Orders will be left for Captain Allen to follow on our trail. From
the most reliable information yet received as to the best route, we
have determined upon marching about 200 milts down the Del
Norte; then to. the Gila; down that river near to its mouth; leav-
ing which, we cross the Colorado; and then, keeping near the Pa-
cific, \ip to Monterey. This route will carry us not far from and
Ex. Doc. No. 60. 175
along the southern boundary of New Mexico and Upper Californiaj
and we hope to reach the Pacific by the end of November. No ex-
ertions will be wanting on the part of any one attached to this ex-
pedition in insuring to it full and entire success. .
I have now respectfully to ask that, in the event of our getting
possession of Upper California — of establishing a civil government
there — securing peace, quiet, and order among the inhabitants, and
precluding the possibility of the Mexicans again having control
there, I may be permitted to leave there next summer with the 1st
dragoons, and march them back to Fort Leavenworth, on the Mis-
souri; and I would respectfully suggest that troops, to remain in
California and Oregon, should be raised expressly for the purpose —
say for three years — to be discharged at the expiration of that time;
each man, from the colonel to the private, receiving a number of
acres of land in proportion to his rank. Regiments could easily
be raised on such terms; and when discharged,* military colonies
■would thus be established by them.
Surgeon Decamp will be left in charge of the hospitals at this
place, and to superintend the medical department in this territory.
He is very desirous, as are the other officers of the army now here,
to leave next summer. The doctor wishes to return to Jeflerson
barracks, St. Louis, or to the arsenal, and I recommend that he be
gratified.
A large number of troops are daily employed, under the direc-
tion of Lieutenant Gilmer, of the engineers, in erecting a fort for
the defence and protection of this city; and, as this is the capital
of the territory — a new acquisition to the United States — the fort
will be an important and a permanent one, and I have thi.s day named
it " Fort Marcy," and now ask for a confirmation of it.
I have not heard or received a line from Colonel Price, at, any
time, and know not if he, or any part of his regiment, has even
left Fort Leavenworth.
I will write to you again before leaving here, and will then in-
form you of the arrangements made relating to the civil govern-
ment for this territory, which has been and continues a delicate and
difficult task.
Very respectfully, your obedient servant,
S. W. KEARNY.
Brigadier General U. S. Army.
Brigadier General R. Jones,
Adjutant General of U. S. Army^ Washington.
No. 22.
Letter of General Kearny to the Adjutant General.
Head-quarters, Army of the West,
Santa Fcj JYew Mexico, September 22, 1846.
Sir: I enclose herewith a copy of the laws prepared for the gov-
ernment of the territory of New Mexico; and a list of appointments
176 Ex. Doc. No. 60.
•to civil offices in the territory, both of which I have this day signed
and published,
I take great pleasure in stating that I am entirely indebted for
these laws to Colonel A. W. Doniphan, of the 1st regiment of Mis-
souri mounted volunteers, who received much assistance from pri-
vate Willard P. Hall, ot his regiment.
These laws are taken, part from the laws of Mexico — retained as
in, the original — a part with such modifications as our laws and
constitution made necessary; a part are from the laws of the Missouri
territory; a part from the laws of Texas, and also of Texas and
Coahuila; a part from the statues of Missouri; and the remainder
from the Livingston code.
The organic law is taken from the organic law of Missouri terri-
tory. (See act ol Congress, June 4, 1842.)
Very respectfully, your obedient servant,
S. W. KEARNY,
Brio-adier General U. S. Jl,
The Adjutant General 17. S. Ji.^ Washington.
[Received at the War Department November 23.]
No. 22.
Appointment, hy General Kearny, of civil officers.
Being duly authorized by the President of the United States of
America, I hereby make the following appointments for the gov-
ernment of New Mexico, a territory of the United States. The of-
ficers thus appointed will be obeyed and respected accordingly:
Charles Bent, to be governor.
Donaisano Vigil, to be secretary of the territory.
Richard Dallam, to be marshal.
Francis P. Blair, to be United States district attorney.
Charles Blumner, to be treasurer.
Eugene Seitzendorfer, to be auditor of public accounts.
Joab Houghton, Antonio Jose Otero, Charles Beaubian, ta
be judges of the superior court.
Given at Santa Fe, the capital of the territory of New Mexico^
this 22d day of September, 1846, and in the 71st year of the in-
dependence of the United States.
S. W. KEARNY,
Brigadier General U. S. A.
Francisco Sanacino (Pajarito) is hereby re-appointed prefect of
the district of the Southwest, in place of Francisco Ariliijo y Ortiz,
this day removed.
Ex. Doc. No. 60. 177
Miguel Romero is hereby appointed alcalde at the Placeya, in
place of Ju'ien Tenoira, this day removed.
S. W. KEARNY,
Brigadier General U. S, A.
Santa Fe, New Mexico, Sept. 22, 1846.
f
[Received at the War Department November 23d.]
No. 24.
Organic law for the territory of JVew Mexico^ compiled under the
directions of General Kearny.
[Received at the War Department November 23, 1846.]
ORGANIC LAW OF THE TERRITORY OF NEW MEXICO.
The government of the United States of America ordains and es-
tablishes the following organic law for the territory of New
Mexico, which has become a territory of the said government:
ARTICLE I.
Sec. 1. The country heretofore known as New Mexico shall be
known hereafter and designated as the territory of New Mexico,
in the United States of America, and the temporary government of
the Said territory shall be organize;d and administered in the man-
ner herein prescribed.
ARTICLE II.
Executive power. '
Sec. 2. The executive power shall be vested in a governor, who
shall reside in the said territory, and shall hold his office for two
years, unless sooner removed by the President of the United
States.
He shall be the commander-in-chief of the militia of the said
territory, except when called into the service of the United States',
and ex officio superintendent of Indian affairs.
He shall have power to fill all civil and military offices which
shall be established, the appointments to which shall not be other-
wise provided for by law.
He shall cause the laws to be distributed and faithfully executed,
and shall be conservator of the peace throughout the territory.
He shalJ, from time to time, inform the general assembly of the
condition of the government, and shall recommend all necessary
measures, and may convene them on extraordinary occasions by
proclamation, stating the purpose for which they are convened.
Whenever any office shall become vacant he shall fill the same,
12
178 Ex. Doc. No. 60.
until, a successor shall be properly appointed and qualified. He
shall have power to remit fines and forieitures, and grant reprieves
and pardons for all offences against the laws of the territory, and
reprieves in all cases against the laws of the United States, until
the decision of the President thereof can be known.
Sec. 2. There shall be a secretary of the territory who shall hold
his office for two years, unless sooner removed Dy the President of
the United States.
He shall, under the direction of the governor, record and pre-
serve all the proceedings and papers of the executive, and all acts
of the general assembly, and transmit copies of the same to the
President every six months.
In case of a vacancy in' the office of governor, the secretary shall
discharge the duties of governor until another be appointed and
qualified.
Sec. 3. There shall be a marshal, a United States district attor-
ney, an auditor of public accounts, and a treasurer, for the terri-
tory, and a sheriff and coroner for each county, whose duty shall
be defined by law.
ARTICLE III.l
Legislative power. ,
Sec. 1. The legislative power shall be vested in a general assem-
bly, which shall consist of a legislative council and a house of re-
presentatives.
Sec. 2. The house of representatives shall consist of members to
be chosen every two years by the qualified electors of the seve'ral
counties; and the legislative council shall consist of members to be
chosen every four years by the qualified electors of their respective
districts.
Sec. 4. No person shall be eligible to the house of representa-
tives who shaltnot have attained to the age of twenty-four y-ears,
who shall not be a free male citizen of the territory of New Mexi-
co, and who shall not have been an inhabitant of the county he
may be chosen to represent at least six months next preceding his
election.
Sec 4. No person shall be eligible to the legislative council who
shall not have attained to the age of thirty years, who shall not be
a free male citizen of the territory of New Mexico, and who shall
not have been an inhabitant of the district which he may be chosen
to represent at least six months next preceding his election, if such
district shall be so long established; but if not, then of the district
or districts from which the same shall have been taken.
Sec. 5. The legislative council shall never be more than one-
third as numerous as the house of representatives, for the election
of whom the territory shall be divided into convenient districts,
which may be altered from time to time, and new districts estab-
lished, as public convenience may require.
Sec. 6. The general assembly shall divide the territory into a
Ex. Doc. No. 60. 179
convenient number of cour.ties, and shall apportion the members
of the house of representatives among the same according to the
free male population; but the whole number of its members shall
never exceed twenty-one, until otherwise directed by the law of
the United States.
Sec. 7. Until the legislative power shall otherwise direct, the
territory of New Mexico shall retain the division of counties and
districts established by the decree of the- department of New
Mexico, of June 17, 1844, and they shall be represented as follows:
In the house of representatives, the county of Santa Fe shall have
three members; the county of San Miguel del Bado, three; the
county of Rio Arriva, three; the county of Valencia) five; the
county of Taos, three; the county of Santa Anna, two; and the
county of Bernatillo, two. In the legislative council, the central
district shall have three members; in the northern district two mem-
bers; and the southeastern district two members; which apportion-
ment shall continue until otherwise directed by law.
Sec. 8. All free male citizens of the territory of New Mexico
who then are, and for three months next preceding the election
sliall have been, residents of the county or district in which they
shall offer to vote, shall be entitled to vote for a delega,te to the
Congress of the United States, and for members of the general as-
sembly, and for all other officers elected by the people.
Sec 9. The first electionfor a delegate to the Congress of the
United States, and for members of the general assemoly, shall be
on the first Monday in August, A. D 1847. And the governor, by
proclamation, shall designate as many places in each county as may
be necessary for'the public convenience, at which the electors may
Tote.
Sec. 10. The general assembly shall convene at the city of Santa
Fe on the first Monday in December, A. D. 1847, and on the first
Monday in December every two years thereafter, until otherwise
provided by law; and each house shall elect one of its own mem-
bers as a speaker, aud shall choose clerks and such other officers
as may be necessary; and shall sit from day to day, on its own ad-
journments, until all its business shall be finished.
Sec 11. In case of a vacancy in either house, by death or other-
wise, the governor shall issue a writ to the county or district
from which such member was elected, to elect another for the
residue of the term.
Sec. 12. No person who now is, or hereafter may be, a collector
or holder of public money, assistant, or deputy thereof, shall be
eligible to any office of profit or trust, until he shall have accounted
for, and paid over, all sums for which he may be accountable; and
no person holding any lucrative office under the United States or
this territory, except militia officers and justices of the peace,
shall be eligible to either house of the general assembly. No per-
son who shall be convicted of having, directly or indirectly, given
or offered any bribe to procure his own election or appointment,
or the election or appointment of any other person, or who shall
be convicted of perjury dr other infamous crime, shall be eligible
180 -Ex. Doc. No. 60.
to any office of honor, profit, or trust, within tHis territory, or shall
be allowed the right of suffrage.
Sec. 13. The general assembly shall have power to make laws
in all cases, both civil and criminal, for the good government of
the people of this territory, not inconsistent with, or repugnant to,
the constitution and laws of the United States; to establish infe-
rior courts, and prescribe their jurisdiction and duties; and to
create other offices in said territory, and to fix the fees of office
and provide for the payment of the same, except those whose pay-
ment is provided for by the government of the United States.
Each house shall judge of the election, qualifications, and returns
of its own members. A majority of each house shall constitute a
quorum to do business, but a smaller number may adjourn from
day to day. and compel the attendance of absent members. Each
house shall make its own rules of proceedings, punish its members
for disorderly behavior, and two-thirds of all the members elected
may expel a member; but no member shall be expelled twice for
the same offence. Each house shall keep, and publish from time
to time, a journal of its proceedings; all votes in the house shall
be ^^ viva voce^^"^ and, on the final passage of all bills, shall be en-
tered on the journals.
Sec. 14. Any bill may originate in either house, and may be al-
tered, amended, or rejected by the other, and shall be read on
three different days in each house; and, having passed both houses,
shall be signed by their respective speakers, and presented to the
governor for his approval. If he approve the same, he shall sign
it-|if he disapprove it, he shall return it to the house in which it
originated, within six days, with his objections; if he fail to re-
turn it within six days, or, after it shall have been returned, it
again pass both houses, it shall be a law without the governor's ap-
proval.
Sec. 15. The members of the general assembly shall, in all cases
except treason, felony, and breach of the peace, be privileged
from arrest in going to, returning from, and during their attend-
ance on their respective houses; and, for any speech or debate in
either house, they shall not be questioned in any other place.
Sec. 16. The sittings of each house shall be public, except when
secrecy shall be required; and each house may punish any person,
not a member, for disorderly or contemptuous behavior in their
presence while in session, by a fine not exceeding three hundred
dollars, or imprisonment not exceeding forty-eight hours, for one
offence.
Sec. 17. Each member of the general assembly shall receive
three dollars a day for each day he may attend the house of which
he is a member, arid three cjollars for every twenty-five miles he
must travel in going from his residence to the place of meeting,
and returning from thence; and the speaker of each house shall re-
ceive five dollars a day for every day he may attend the house of
which he is a member, and the same mileage with other members.
The other officers of the general assembly shall receive such com-
pensation as the law may provide. ^
Ex. Doc. No. 60. 181
Sec. 18. The style of all laws shall be, " Be it enacted byv the
general assembly of the territory of New Mexico."
ARTICLE IV.
Judicial power.
Sec. 1. The judicial power shall be vested in a superior court,
and inferior tribunals, to be established by law.
Sec. 2. The superior court shall consist of three judges, to be
appointed by the President of the United States. One of thenj
shall be the presiding judge, and the others associate judges. The
judges shall be conservators of the peace throughout the territory,
and shall hold courts at such times and places, and perform such
duties, as shall be prescribed by law.
Sec 3. The superior court shall have a general superintending
control over all inferior courts and tribunals of justice, and shall
have power to issue original writs to compel inferior courts, and
their officers, to perform their duties according to law, whenever
they may fail or refuse so to do.
Sec. 4. Every court and tribunal of justice shall appoint its own
clerk, who shall hold his office during the continuance of the tem-
porary government, unless sooner removed by his respective
court.
Sec. 5. All officers, both civil and military^ shall, before enter-
ing on the duties of their office, take an oath to support the con-
stitution of the United States, and to faithfully demean themselves
in office.
ARTICLE V.
Miscellaneous.
Sec 1. Members of the general assembly; the governor, whose
salary shall be $2,000 a year; the secretary of the Territory, whose
salary shall be $1,200 a year; the judges of the superior court,
whose salaries shall be $1,500 a year each; the marshal of the
Territory, whose salary shall be $500 a year; the United States dis-
trict attorney, whose salary shall be $500 a year, shall be paid out
of the treasury of the United States. The auditor and treasurer
shall each receive a salary of $500 a year, one-half of which shall
be paid out of the treasury of the United States, and the remain-
der out of the territorial treasury.
Sec 2. The governor, secretary of the Territory, marshal, and
United States district attorney, shall be appointed by the President
of the United States. The auditor and treasurer shall be elected
every two years by joint vote of the general assembly, and shall
hold their respective offices for two years, and until their succes-
sors are duly elected and qualified i
Sec 3. All offices in this Territory are hereby declared vacant,
except such as have been filled by the appointments of Brigadier
182 Ex. Doc. No. 60. .
General Kearny; and all offices created by this law shall be filled
by appointments of Brigadier General Kearny or his successor,,
until the government is fully organized in accordance with the
provisions of this law.
Sec. 4. Schools and the means of education shall be forever en-
couraged in this Territory. One or more schools shall be estab-
lished in each village as soon as practicable, where the poor shal!
be educated free of all charges.
i Bill of Rights.
That the great and essential principles of liberty and free govern-
ment may be recognized and established, it is hereby declared —
1st. That all political power is vested in and belongs to the peo-
ple.
2d. That the people have the right peaceably to assemble for
their common good, and to apply to those in power for redress of
grievances, by petition or remonstrance.
3d. That all men have a natural and indefeasible right to wor-
ship Almighty God according to the dictates of ti.eir consciences;
that no person can ever be hurt, molested, or restrained in his re-
ligious professions, if he do not disturb others in their religious
worship, and that all Christian churches shall be protected and
none oppressed, and that no person on account of his religious
opinions, shall be rendered ineligible to any office of honor, trust, or
profit.
4th. That courts of justice shall be open to every person; just
remedy given for every injury to person and property; that right
and justice shall be administered without sale, denial, or delayj
and that no private property shall be taken for public use without
just compensation.
5th. That the right of trial by jury shall remain inviolate.
6th. That in all criminal cases the' accused has the right to be
heard by himself and counsel, to demand the nature and cause of
the accusation, to have compulsory process for witnesses in his
favor, to meet the witnesses against him face to face, and to have
a speedy trial by a jury of his country.
7th. The accused cannot be compelled to give evidence against
himself, or be deprived of life, liberty, or property, but by a rer-
dict of a jury and the laws of the land.
8th. No person, after having been once acquitted by a jury, can
be tried a second time for the same offence.
9th. That all persons shall be bailed by sufficient sureties, except
in capital offences, where the proof of guilt is evident; and the
privileges of the writ of " habeas corpus" cannot be suspended
except the public safety shall require it, in the case of a rebellion
or invasion.
10th. Excessive bail shall not be required, excessive fines imposed,
nor cruel and unusual punishments inflicted.
11th. That the people shall be secure in their persons, papers,
houses, and effects, from unreasonable searches and seizures; and
Ex. Doc No. 60. 183
•
that no writ shall issue for search or seizure without a probable
case of ^uilt is made out under oath. , /
12th. That the free communication of thoughts and opinions is
one of the invaluable rights of freemen, and that every person may
freely speak, write, and print on any subject, being responsible for
every abuse of that liberty.
13ih. That no vicar, priest, preacher of the Gospel, nor teacher,
of any religious denomination, shall ever be compelled to bear
arms, or to serve on juries, work on roads, or perform military
duty.
Done at the government house in the city of Santa Fe, in the
Territory of New Mexico, by Brigadier General Stephen W. Kear-
ny, by virtue of the power and authority conferred on him by the
government of the United States, this twenty-second September,
1846.
S. W. KEARNY,
Brigadier General^ U. S. A.
LAWS FOR THE GOVERNMENT OF THE TERRITORY OF NEW MEXICO.
Administration.
Sec. 1. The laws heretofore in force concerning descents, distri-
butions, wills, and testaments, as contained in the treatise on these
subjects, written by Pedro Murillo de Larde, shall remain in force,
so far as they are in conformity with the constitution and laws of
the United States, and the statute laws in force for the time being.
Sec. 2. The prefects shall grant letters testamentary and of ad-
ministratign.
Sec. 3. Letters testamentary and of administration shall be
granted in the county in which the mansion house or place of abode
of the deceased is situated. If he had no mansion house or place
of abode at the time of his death, and be possessed of lands, let-
ters shall be granted in the county in which the lands, or a pa'rt
thereof, lie. If the' deceased had no mansion house or place of
abode, and was not possessed of land, letters may be granted in the
county in which he died, or the greater part of his estate may be.
If he died out of the Territory, having no mansion house or place
of abode, or lands, within this Territory, letters may be granted in
any country in which any of the personal estate of the deceased
may be.
Sec. 4. All orders, settlements, trials and proceedings, touching
the administration of estates, shall be had or made in the county in
which the letters testamentary or of administration were granted.
Sec. 5. Letters of administration shall be granted, first, to the
husband or wife surviving ; second, if there be no husband or wife
surviving, to those who are entitled to the distribution of the estate,
or one or more of them, as the prefect shall believe will best man-
age the estate.
184 Ex. Doc. No. 60.
Sfic. 6. If no person apply for such letters within thirty dayfe
after the death of the deceased, any creditor shall be allowed to
take out such 'letters ; and in defect of these, the prefect may select
as administrator such discreet person as he may choose.
Sec. 7. After probate of any will, letters testamentary shall be
granted to the person or persons therein appointed executor or
executors. If a part of the persons thus appointed refuse to act, or
be disqualified, the letters shall be granted to the other persons.there-
in appointed. If all such persons refuse to act, or be disqualified,
letters of administration shall be granted to the person to whom
'administration would have been granted if there had been no will.
Where there are two or more persons named executors in a will,
none shall have power to act as such except those who give bond.
Sec. 8. If the validity of a will be contested, or the executor be
a minor, or absent from the^Territory, letters of administration
shall be granted during the time such contest^ minority or absence,
to some other person, who shall take charge of the property, and
administer the same according to law, under the direction of the
prefect, and account for and pay and deliver all the money and
property of the estate to the executor or regular administrator,
when qualified to act.
Sec. 9. Every applicant for letters of administration, at the time
of the application, shall make an affidavit, stating, to the best of his
knowledge and belief, the names and places of residence of the
heirs of the deceased ; that the deceased died without a will, and
that he will make a perfect inventory, and faithfully administer all
the estate of the deceased, and account for and pay all assets which
shall come to his possession or knowledge.
Sec. 10. A similar affidavit, with variations, as the case may
require, shall be made by administrators of the goods remaining un-
administered, and by administrators during the time of a contest
about a will, or the minority or absence of the executor.
Sec 11. Every administrator, with the will annexed, and execu-
tor, at the time letters are granted to him, shall make an affidavit
that he will make a perfect inventory of the estate, and faithfully
execute the last will of the testator, and render just accounts, and
faithfully perform all things required by law touching such execu-
torship or administration. The prefect shall take a bond of the
person to whom letters testamentary or of administration are granted,
with two or more sufficient securities, resident in the county, to the
Territory of New Mexico, in such sum as the prefect shall deem
sufficient ; not less than double the estimated value of the estate,
conditioned for the faithful performance of his duties as executor
or administrator, and no person shall act as executor or adminis-
trator until he shall have given such bond. If any prefect shall
refuse or neglect to take such bond at the time of granting such
letters, he shall himself be liable for all the damages resulting from
such neglect or refusal, at the suit of any person injured.
Sec 12. All letters testamentary and of administration, and all
bonds and affidavits of executors and administrators, shall be re-
corded by the clerk of the prefect, in a well bound book, kept for
Ex. Doc. No. 60. 185
that purpose, before such letters are delivered to the exector or
administrator ; and the clerk shall certify on the letters that they
have been recorded ; and if any prefect shall deliver, without com-
plying with the foregoing requisitions, any such letters, he shall
forfeit to the party injured double the damages occasioned by such
default.
Sec. 13. Every executor and administrator shall exhibit a state-
ment of the accounts of his administration for settlement, with
proper vouchers, to the court of the prefect, at the first term after
the end of one yearfrom the date of his letters, and at the corres-
ponding term of such court every year thereafter, until the admin-
istration be completed; and upon every failure so to do, may be
fined not more than one hundred dollars, for the use of the county,
and shall forfeit to the party injured double the damages^ sustained
by such default.
Attachments.
Sec. 1. Creditors, whose demands amount to fifty dollars or more,
may sue their debtors in the circuit court by attachment, in the fol-
lowing cases :
First. When the debtor is not a resident of, nor resides in this
Territory.
Second. When the debtor has concealed himself, or absconded,
or absented himself from his usual place of abode in this Territory,
so that the ordinary process of law cannot be served upon him.
Third. When the debtor is about to remove his property or effects
out of this Territory, or has fraudulently conveyed or assigned his
property or effects, or has fraudulently concealed or disposed of his
property or effects, so as to defraud, hinder or delay his creditors.
Fourth. When the debtor is about fraudulently to convey or as-
sign, conceal or dispose of his property or effects, so as to hinder,
delay or defraud his creditor's.
Fifth. When the debt was contracted out of this Territory, and
the debtor has absconded, or secretly removed his property or effects
into this Territory, with the intent to hinder, delay or defraud his
creditors.
Sec. 2. A creditor wishing to sue his debtor by attachment, may
file in *he clerk's office of the circuit court of any county in this
Territory a petition or other lawful statement of his cause of action;
and shall also file an affidavit and bond ; and thereupon such credi-
tor may sue out an original attachment against the lands, tene-
ments, goods, mone}%, effects and credits of the debtor, in whoseso-
ever hands they may be.
Sec. 3. The affidavit shall be made by the plaintiff, or some per-
son for him, and shall state that the defendant is justly indebted to
the plaintiff, after allowing all just credits and offsets, in a sum to
be specified in the affidavit, and on what account ; and shall also
state the affiant has good reason to believe, and does believe, the
existence of one or more of the causes which, according to the pro-
186 Ex. Doc. No. 60.
visions of the first section, will entitle the plaintiff to sue by at-
tachment.
Sec 4. The bond shall be executed by the plaintiff, or some re-
sponsible person as principal, and two or more securities, residents
of the county in which the action is to be brought, in a sum at
least double the amount sworn to, payable to this Territory, con-
ditioned that the plaintiff shall prosecute his action without delay^
and with effect, and refund all sums of money that may be adjudged
to be refunded, to the defendant, and pay all damages that may
accrue to any defendant, or garnishee, by reason of the attachment,
or any process or judgment thereon.
Sec 5. The clerk shall judge of the sufficiency of the penalty^
and the security in the bond; if they be approved, he shall endorse
his approval thereon, and the same, together with the affidavit and
petition, or other lawful statement of the cause of action, shall be
filed before an attachment shall be issued.
Sec. 6. The bond given by the plaintiflf, or other person, in a
suit by attachment, may be sued on by any party injured, in the
name of the Territory; and he shall proceed as in ordinary suits,,
and shall recover such damages as he may have sustained.
Sec. 7. Original writs of attachment shall be directed to the
sheriff of the proper county, commanding him to attach the defen-
dant by all and singular his lands and tenements, goods, moneys,,
effects, and credits, in whosoever hands the same may be found,
with a clause of the nature and to the effect of an ordinary citation,
to answer the action of the plaintiff.
Sec. 8. Original writs of attachment shall be issued and returned
in-like time and manner as ordinary writs of citation; and whea
the defendant is cited to answer the action, the like proceedings
shall be had between him and the plaintiff as in ordinary actions or
contracts, and a general judgment may be rendered for or against
the defendant.
Sec. 9. The manner of serving writs of attachment shall be as
follows:
First. The writ and petition, or other lawful statement of the
cause of action, shall be served on the defendant as an ordinary
citation.
Second. Garnishees shall be summoned by the sheriff, declaring
to them that he summons them to appear at the return term of the
writ to answer the interrogatories which may be exhibited by the
plaintiff, and by reading the writ to them if required.
Third. When lands or tenements are to be attached, the officer
shall briefly describe the same in his return, an«l state that he at-
tached all the right, title, and interest of the defendant to the same;
and shall moreover give notice to the actual tenants, if any there
be.
Fourth. When goods and chattels, moneys, effects, or evidences
of debt are to be attached, the officer shall seize the same and keep
them in his custody, if accessible; and, if not accessible, he shall
summon the person in whose hands they may be, as garnishee.
Fifth. When the credits of the defendant are to be attached, the
Ex. Doc. No. 60. 187
officer Ishall declare to the debtor of the defendant that he attaches
in his hands all debts due from him to the defendant, or so much
thereof as shall be sufficient to satisfy the debt, interest and costs,
and summon su'.h person as garnishee.
Sec. 10. All persons shall be summoned as garnishee who are
named as such in the writ; and such others as the officer shall find
in the possession of goods, money, or effects of the defendant not
actually seized by the officer and debtors of the*defendant, and also
such as the plaintiff or his agent shall direct.
Sec. 11. When the defendant cannot be cited, and his property
or effects shall be attached, if he do not appear and answer to the
action at the return term of the writ, within the first two days
thereof, the court shall order a publication to be made, stating the
nature and amount of the plaintiff's demand, and notifying the de-
fendant that his property has been attached, and that, unless he
appear at the next term, judgment will be rendered against him,
and his property sold to satisfy the same; which notice shall be
published frur weeks successively in some newspaper printed in
this Territory, the last insertion to be not less than two weeks be-
fore the first day of the next term; but if there should be no news-
paper printed in this Territory, said notice shall be published by
not less than six hand-bills put up at six different public places in
the county at least six weeks before the first day of the next term.
Sec. 12. When the defendant shall be notified by publication as
aforesaid, and shall not appear and answer the action, judgment by
default may be entered, which may be proceeded on to final judg-
ment, as in ordinary actions, but such judgment shall only bind
the property attached, and shall be no evidence of indebtedness
against the defendant in any subsequent suit.
Sec. 13. When property of the defendant, found in his posses-
sion or in the hands of any other person, shall be attached, the de-
femlant or such other person may retain possession thereof, by giv-
ing bond and security, to the satisfaction of the officer executing
the writ, to the officer or his successor, in double the value of the
property attached, conditioned that the same shall be forthcoming
when and where the court shall direct, and shall abide the judg-
ment of the court.
Sec. 14. The officer executing the writ of attachment shall re-
turn with the writ all bonds taken by him in virtue thereof, a sche-
dule of all property and effects attached, and the names of all the
garnishees, the times and places when and where respectively sum-
moned. ^
Sec 15. If the officer wilfully fail to return a good and sufficient
bond in any case where bond is required by this law, he shall be
held and considered as security for the performance of all acts and
the payment of all money to secure the performance of which such
bond ought to have been taken.
Sec 16, In all cases where property or effects shall be attached,
the defendant may, at the court to which the writ is returnable, put
in his answer without oath, denying the truth of any material fact
which the plaintiff may reply. A trial
J J
contained in the affidavit, to whi
188 Ex. Doc. No. 60. . , ^
of the truth of the affidavit shall be had at the same term, and on
such trial the plaintiff shall he held to prove the existence of the
facts set forth in the affidavit as the ground of the attachment; and
if the issue be found for him, the cause shall proceed; but if 'it be
found for the defendant, the cause shall be dismissed, at the cost of
the plaintiff.
^ Sec. 17. The plaintiff may exhibit in the cause written allega-
tions and interrogatories at the return term of the writ, and not af-
terwards, touching the property, effects, and credits attached in the
hands of any garnishee. The garnishee shall exhibit and file his
answer thereto, on oath, during such term, unless the court, for
good cause shown, shall order otherwise. In default of such an-
swer, or of a sufficient answer, the plaintiff may take judgment by
default against him, or the court may, upon motion, compel him to
answer by attachment of his body.
^ Sec. 18. Such judgment by default may be proceeded on to final
judgment, in like manner as in case of defendants in actions upon
contracts; but no final judgment shall be rendered against the gar-
nishee till there sLall be a final judgment against the defendant.
Sec. 19. Plaintiff may deny the answer of the garnishee in
whole or in part, and the issue shall be tried as ordinary issues
between plaintiffs and defendants. If, on such trial, the property
or effects of the defendant be found in the hands of the gamishee,
the value thereof shall be assessed, and judgment shall be" for the
proper amount of money. If the answer of the garnishee be not
excepted to nor denied at the same term at which it is filed, it shall
be taken as true and sufficient."*
Sec 20. If by the answer not excepted to, nor denied, it shall
appear that the garnishee is possessed of property or effects of the
defendant, or is indebted to ti.e defendant, the value of the property
or the effects, or of the debt being ascertained, judgment may be
rendered against the garnishee.
Sec, 21. In all cases of controversy between the plaintiff and
garnishee, the parties may be adjudged to pay or recover costs as
in ordinary cases between plaintiff and defendant.
Sec. 22. Creditors whose demands are for a less amount than
fifty dollars may sue their debtors by attachment before an alcalde
in the same cases, and in the same manner, and under the same rules
as creditors are allowed to sue out writs of attachments in the
circuit court, provided that publication, when required, may be by
six hand-bills put up at different public places three weeks before
the return day of the writ.
' Attorney general and circuit attorneys.
Sec 1. Thg^e 'shall be an attorney general appointed by the
governor, who shall reside and keep his office at the seat of gov-
ernment; he shall act as circuit attorney for the circuit in which
the seat of government is, and in said circuit shall perform the du-
ties required by law of circuit attorneys, and receive the same fees
therefor. '
Ex. Doc. No. 60. '189
Sec. 2. When required, he shall give his opinion in writing to
the general assembly, or either house, to the governor, secretary
of the Territory, auditor, treasurer, and any circuit attorney, upon
any question of law relating to their respective duties or offices.
Sec. 3. The governor shall appoint a suitable circuit attorney in
every circuit in this Territory, who shall hold his office for two
years, and until his successor be appointed and qualified; he shall
reside in his circuit; he shall commence and prosecute all civil
and criminal actions in which the Territory or any county in his
circuit may be concerned, and defend all suits which may be
brought against the Territory, or any county in his circuit; he shall
prosecute forfeited recognizances and actions for the recovery of
debts, fines^ penalties, and forfeitures accruing to the Territory or
any county in his circuit.
Sec. 4. If the attorney general or circuit attorney be interested,
or shall have been counsel in any cause, or shall be absent at the tfial
of any cause, the circuit court may appoint some other person to
presecute or defend the cause.
Sec. 5, If the attorney general or circuit attorney be sick, or
absent, the circuit court shall appoint some person to discharge the
duties of,the office, until the proper officer resumes the discharge
of his duties; the person thus appointed shall possess the same
power and receive the same fees as the proper officer would if he
were present.
Sec. 6. The circuit attorney shall give his opinion without fee to
any alcalde or prefect in his circuit, if required, on any queation
of law in any case in which the Territory or any county in his cir-
cuit is concerned, pending before such officer.
Sec 7. In addition to the fees of office the attorney general shall
receive a salary of five hundred dollars a year, and each circuit
attorney shall receive an annual salary of two hundred and fifty
dollars, one-half to be paid out of the treasury of the United States,
and the other half to be paid out of the treasury of the Territory,
Clerks.
Sec 1. Every prefect shall appoint a clerk, who shall hold his
office for two' years, and until his successor is appointed and quali-
fied.
Sec 2. The clerk of the circuit court of the county in which
the superior court may sit shall be ex officio clerk of the superior
court.
Sec. 3. The clerks of the superior and inferior courts, and of
the prefect, shall seasonably record the judgments, rules, orders,
and other proceedings of their respective courts, and make a com-
plete alphabetical index thereto, issue and attest all process issu-
ing from their respective offices, and affix the seal of office thereto;
they shall preserve the seal and other property belonging to their
respective offices; they shall provide suitable books, stationery,
and furniture for their respective offices, and keep a correct ac-
count thereof.
190 Ex. Doc. No. 60.
Sec. 4. Each court shall audit and allow such accounts, and all
such allowances made to the clerk of the superior court shall be
paid by the United States, and all others by their respective coun-
ties.
Sec 5. The said clerks, previous to entering on the duties of
their respective offices, shall give bond, with security, to the Ter-
ritory, to be approved by the judge making the appointment, con-
ditioned to do and perform al) the duties required by law.
Sec. 6. If any clerk shall wilfully and knowingly do any act
contrary to the duties of his office, or shall knowingly and wil-
• fully fail to perform any duty required of him by law, he shall be
removed from his ofiice by the court of which he is clerk, on mo-
tion founded on charges exhibited.
Sec 7. A notice of such motion and copy of the charges shall
be served on him at least ten days before the day on which the
motion is made. A jury shall be summoned to trj the truth of the
charges, if they are denied, or the whole may be submitted to the
€Ourt at the option of the accused.
Constables.
Sec 1. Every prefect shall appoint not more than four consta-
bles in his county, who shall hold their offices for not more than
two years.
Sec 2. Every constable, within ten days after his appointment,
shall appear before the prefect and enter into bond to the Territory,
with good securities, for not less"than four hundred nor more than
four thousand dollars, conditioned that he will execute all process
'to him directed and delivered, and pay over all money by him col-
lected by virtue of his office, and discharge all the duties of con-
stable according to law; which bond shall be approved by the pre-
fect and filed in the office of his clerk.
Sec 3. Whenever the prefect shall be satisfied that the bond of
any constable is likely to prove insufficient, by reason of the death
or failure of the sureties to his bond, or any of them, he shall re-
quire such constable to give a new bond; and, in default thereof,
shall remove hira from office.
Sec. 4. If any constable shall detain any money collected by him
as constable after demand made therefor, he ^■hall be removed from
his office by the prefect in the same manner as is prescribed for the
removal of clerks; and shall, moreover, forfeit to the party entitled
thereto two per cent, a month upon the amount so detained, from
the time of demand made until actual payment.
Courts and judicial powers.
Sec 1. The judges of the superior court shall be ex officio judges
of the respective circuit courts; and they shall determine, by vote
or otherwise, who shall be presiding or chief justice, and who shall
be first and v/ho second associate justice.
Sec 2. This Territory shall be divided into three judicial cir-
Ex. Doc. No. 60. • 191
cults, which shall correspond with the three municipal districts as
established in the organic law, to wit: the central, the northern,
and the southeastern.
Sec. 3. The presiding judge shall be judge of the central circuit;
the first associate judge shall be judge of the southe'astern circuit;
and the second associate judge shall be judge of the northern cir-
cuit. Each judge shall hold three courts a year in each county of
his circuit; and the three judges, as a superior court, shall hold
two courts in each circuit every year.
• Sec. 4. The superior court shall be held in the southeastern dis-
trict, at the town of Valencia, on the first Mondays of March and
September of every year; in the central district, at the city of
Santa Fe, on the third Mondays of March and September of every
year; and in the northern dietrict, at the town of Don Fernando,
on the first Mondays of April and October of every year.
Sec. 5. In the southeastern circuit, at the following times and
places, the circuit court shall be held, to wit: For the county of
Valencia, on the third Mondays of February, June, and October of
each year, at the town of Valencia; and, for the county of Ber-
nalillo, on the fourth Mondays of February, June, and October of
each year, at the town of Bernalillo.
Sec. 6. The circuit court for the central circuit shall be held at
the following times and places, to wit: For the county of Santa
Anna, on the first Mondays of February and June, and the third
Monday of October, of each year, at the town of Algadonco; for
the county of Santa Fe, on the second Mondays of February and
June, and the fourth Monday in October, in each year, at the city
of Santa Fe; for the county of San Miguel del Bado, on the third
Mondays in February and June, and first Monday in November, of
each year, at the town of San Miguel.
Sec. 7. The circuit court for the northern circuit shall be held
at the times and places following, to wit: For the county of Rio
Arriva, on the first Mondays of February and June, and the third
Monday in October, of each year, at the town of Los Lucerosj and
for the county of Taos, on the second Mondays of February and
June, and the fourth Monday of October, of each year, in the town
of Don Fernando.
Sec. 8. The superior court shall have appellate jurisdiction in
all cases, both civil and criminal, which may be determined in cir-
cuit courts.
Sec 9. Every per^n aggrieved by any judgment or decision of
any circuit court, in any civil case, may make his appeal to the
superior court.
Sec 10. No such appeal shall be allowed unless, first, the appeal
be taken at the same term at which the judgment or decision ap-
pealed from was rendered; and, second, unless the appellant, or
his agent, shall, during the same term, file in the court his affidavit
stating that such appeal is not taken for the purpose of vexation or
delay, but because the affiant believes that the appellant is aggrieved
by the judgment or decision of the court.
Sec. 11. Upon the appeal being made, the circuit court shall
192 Ex. Doc. No. 60.
make an order allowing the same. Such allowance shall stay the
execution in the following cases, and in no others: First, when the
appellant shall be executor or administrator, and the action by or
against him as such; and, second, when the appellant, or some re-
sponsible person for him, together with two sufficient sureties, to
be approved by the court, during some term at which the judgment
or decision appealed from was rendered, shall enter into a recogni-
zance to the adverse party in a sum sufficient to secure the debt,
damages, and costs covered by such judgment<or decision, together
with the interest that may grow thereon, and the costs and damages
which may be recovered in the superior court, conditioned that the
appellant shall prosecute his appeal with due diligence to a decision
in the superior court; and that, if the judgment or decision ap-
pealed from be affirmed, or the appeal be dismissed, he will perform
the judgment of the circuit court; and that he will also pay the
costs and damages that may be adjudged against him upon his
appeal.
Sec. 12. No exception shall be taken in an appeal to any pro-
ceeding in the circuit court, except such as shall have been ex-
pressly decided by that court.
Sec, 13. All appeals taken thirty days before the first day of the
next term of the superior court shall be tried at that term, and ap-
peals taken less than thirty days before the first day of such next
term shall be returnable to the next term thereafter. The appel-
lant sha'll file, in the office of the clerk of the superior court, at
least ten days before the firt^t day of the term of such court to which
the appeal is returnable, a perfect transcript of the record and
proceedings in the case. If he fail so to do, the appellee may
produce in court such transcript; and if it appear thereby that an
appeal has been allowed in the case, the court shall affirm the
judgment, unless good cause to the contrary be shown. On ap-
peals and writs of error, the appellant and plaintiff in error shall
assign errors on or before the first day of the term to which the
cause is returnable; in default of such assignment of errors, the
appeal or writ of error may be dismissed, and the judgment affirmed,
unless good cause for such failure be shown. Joinders ijti error
shall be filed within four days after the time required for the filing
of the assignment of error.
Sec. 14. The superior court, in appeals or writs of error, shall"
examine the record, and on the facts therein contained, alone, shall
award a new trial, reverse or affirm the judgment of the circuit
court, or give such other judgment as to them shall seem agreeable
to law.
' Sec. 15. And upon the affirmance of any judgment or decision,
the superior court may .award to the appellee or defendant in error
such damages, not exceeding ten per cent, on the amount of the
judgment complained of, as may be just.
Sec. 16. When the superior court shall be equally divided in
opinion, the judgment or decision of the cirduit court shall be af-
firmed.
Sec. 17. The superior court, on the determination of the case in
Ex. Doc. No. 60. 193
appeal or error, may award execution to carry the same into effect,
or may remit the accord, with their decision, to the circuit court
from which the cause came, and such determination shall be car-
ried into execution by such circuit court.
Sec. 18. The circuit courts in the several counties in which tkey
may be held shall have power and jurisdiction as follows:
First. Of all criminal cases that shall not otherwise be prorided
for by law.
Second. Exclusive original jurisdiction in all civil cases which
shall not be cognizable before the prefects and alcaldes.
Tkird. Appellate jurisdiction from the judgments and orders of
the prefects and alcaldes in all cases not prohibited by law, and
shall possess a superintending control over them.
Sec. 19. There shall be a prefect in each county in this territory
appointed by the governor, who shall hold his office for two years
and until his successor be appointed and qualified.
Sec. 20. Six terms of the prefects' courts shall be held in each
county annually, commencing on the first^ Mondays of January,
March, May, July, September, and November. Each prefect may
hold adjourned terms of his court at any time that business may
require it.
Sec. 21. The several prefects shall have exclusive original juris-
diction in all cases relative to the probate of last wills and testa-
ments; the granting letters testamentary and of administration, and
the repealing the same; the appointing and displacing guardians
of orphans and of persons of unsound mind; to binding out appren-
tices; to settlement and allowance of accounts of executors, ad-
ministrators, and guardians; to hear and determine all controversies
respecting wills, the right of executorship and administration of
guardianship, respecting the duties or accounts of executors, ad-
ministrators, and guardians, and all controversies between masters
and those bound to them; to hear and determine all suits and pro-
ceedings instituted against executors or administrators, upon any
demand against the estate of their testator or intestate: Provided.
That when such demand shall exceed one hundred dollars, the
claimant may sue either before the prefect or in the circuit
court of the first place. The prefect shall have the superintendence
of public roads in his county; may appoint overseers,. and allot
them hands for the purpose of establishing and repairino- the same.
He shall have the supervision of vagrants, and those who have no
visible means of support, and may have them arrested an,d tried by a
jury, and, in case of conviction, put to hard labor by binding them
out or placing them on public works for not more than three
months; he shall have appellate jurisdiction from the judgment of
the alcaldes, when the amount in controversy or the value of the
thing claimed does not exceed fifty dollars. Appeals shall be al-
lowed from all judgments of the prefect of the circuit court: Pro-
vided^ That all judgments in cases of appeals from the decision of
the alcaldes shall be final and conclusive.
Sec. 22. Appeals from the judgment of the pre'fects shall be al-
lowed to the circuit court in the same manner, and subject to the
13
194 Ex. Doc. No. 60.
same restrictions, as in cases of appeals from the circuit to the su-
perior court.
Sec. 23. The governor shall appoint not more than five alcaldes
in each county, who shall hold their offices for two years.
Sec. 24. Every alcalde shall have jurisdiction over the follow-
ing actions:
First. All actions founded upon bonds, or other contracts, when
balance due as damages claimed, exclusive of interest, shall not
exceed ninety dollars.
Seco7id. All actions of trespass, and of trespass on the case for
injuries to persons, or real or personal property, when the damages
claimed shall not exceed fifty dollars.
Third. To take and enter judgment on confession, when the
amount confessed shall not exceed one hundred doUarsj but no al-
calde shall have jurisdiction of any action against an executor or
administrator, or of any action of slander, malicious prosecution,
or false imprisonment, nor of any action in which the title to lands
or tenements shall come in question.
Sec. 25. Every alcade shall appoint a day in every month to re-
turn all summons by him issued, and every summons shall be made
returnable on such day, except in cases where it is otherwise spe-
cially provided.
Sec. 26. In all cases not otherwise specially provided for, the
process shall be a summons, and sh^ll be directed to some consta-
,ble of the county in which the alcalde who granted the same re-
sides, except where it is specially otherwise provided; and it shall
command the defendant to appear before the alcalde who issued
the same, at the time and place to be named in the summons, not
less than five nor more than thirty days from the date of the sum-
mons, to answer to the complaint of the plaintiff. All process
issued by alcaldes shall run in the name of the territory of New
Mexico, and be dated on the day it issued, and shall be signed by
the alcalde granting the same.
Sec 27. Every summons shall be served at least three days be-
fore the day of the appearance therein mentioned, and may be exe-
cuted either.
First. By reading the same to the defendant; or,
Second. By giving a copy thereof to the defendant; or,
Third. By leaving a copy of the summons at his usual place of
:abode, with some member of the family over the age of fifteen
years; but in all cases where the defendant shall refuse to hear the
summons read, or to receive a copy thereof, such refusal shall be a
sufficient service of such writ.
Sec. 28.. When both parties first appear before the alcalde on the
return of the process, the alcalde shall, upon the application of the
defendant, require of the plaintiff a brief verbal statement of the
mature of his demand.
Sec. 29. The alcalde shall issue subpoenas in all cases for wit-
nesses at the request of either party, which shall be served by the
constable in like manner as a summons.
Sec. 30. Every suit shall be determined at the return of the pro-
Ex. Doc. No. 60. 195
■cess duly served, unless the cause be adjourned. The alcalde,
without the application or consent of either party, may, if it be
necessary, adjourn a cause to his next law day.
Sec. 31. The'alcalde, upon the application of either party, for
good cause shown by the party applying, under oath, may adjourn
a cause until his next law day.
Sec. 32. When both parties appear before the alcalde in person,
or by agent, at the time appointed for the trial of the cause, the
alcalde shall proceed to hear and determine the same accordino- to
equity and good conscience.
Sec. 33, Either party to any cause pending before an alcalde may,
before the commencement of the investigation of its merits, de-
mand that the same be tried by a jury, which jury shall consist of
six persons.
Sec. 34. The alcalde shall issue a summons to some constable of
the county wherein the cause is to be tried, commanding him to
summon six good lawful men of the county, qualified to serve as
jurors, to appear before such alcalde at the time and place to be
named therein, to make a jury, for the trial of the action between
the parties named therein. ,
Sec. 35. The constable shall execute such summons fairly and
impartially, in the manner prescribed for executing a summons on
the defendant; and if a sufficient number of competent jurors can-
iiot be obtained from those returned, the constable shall imme-
-tliately summon others to serve in their places.
Sec 36. The alcalde shall administer an oath to each juror well
■and truly to try the matter in difference between the plaintiff and
defendant, and, unless discharged by the alcalde, a true verdict to
■give according to the evidence.
Sec 37. After the jury are sworn, they shall sit together and
hear the testimony of the witnesses, which shall be delivered pub-
licly in their presence.
Sec 38. Every person offered as a witness, before any testimony
shall be given by him, shall be duly sworn that the evidence he
-shall give relating to the matter in dispute between the plaintiff
-and defendant shall be the truth, the whole truth, and nothing but
the truth.
Sec 39. When the jurors have agreed on their verdict they shall
deliver the same to the alcalde publicly, who shall enter it upon
his docket.
Sec 40. The alcalde, whenever he shall be satisfied that a jury,
in any civil cause before him, after having been out a reasonable
time, cannot agree on their verdict, he may discharge them, and
shall issue a new jury summons, unless the parties consent that the
alcalde may render judgment upon the evidence already before
him; which, in such case, he may do.
Sec 41. If the defendant, after being duly summoned, fail to
appear at the time and place mentioned in the summons, the al-
calde shall render judgment by default against him, and proceed to
ascertain the amount due from the defendant to the plaintiff. If
. any witness fail to appear, unless good cause be shown, the alcalde
196 . Ex. Doc. No. 60.
;«hall issue an attachment against him to compel his attendance, and'
may fine him, not exceeding five dollars, for the use of the co,unty,
for a contempt of court.
Sec. 42, If the plaintiff fail to appear before the alcalde at the
time and place mentioned in the summons, the alcalde shall dis-
miss his suit and enter judgment for cost against him, unless his
suit be founded upon bond or note; in which case, the cause shall
3)roceed in the same manner and with the like effev.t as though the
plaintiff was personally present.
Sec 43. Appeals shall be allowed from judgments of alcaldes^
when the debt or damages do not exceed fifty dollars, to the pre-
fect: in all other cases, to the circuit court, in the same manner
and subject to the same restrictions as in cases of appeals from the
circuit to the superior court: Provided, That- an appeal may be-
"taken from the judgment of an alcalde within ten days after the
rendition of the judgment.
Costs.
Sec. 1. In all civil actions or pro(;eedings of any kind, the party
prevailing shall recover his costs against the other party, except iit
those cases in which a different provision is made by law.
Sec. 2. In all actions founded on debt or other contract, if the
plaintiff recover an amount which, exclusive of interest, is below
the jurisdiction of the court, he shall receive judgment therein^,
"but the 'Costs shall be adjudged against him unless the plaintiff's
claim, as established on the trial, shall be reduced by offsets below
the jurisdiction of the court.
Sec. 3. When an appeal shall be taken from the judgment of a
prefect or alcalde, against the appellant, the costs shall be ad-
judged as follows:
First. If the judgment be affirmed, or the appellee, on trial
anew, shall recover as much or more than the amount of the judg-
ment below, the appellant shall pay costs in both courts.
Second. If, on such trial, the judgment of the appellate court
shall be in favor of the appellant, the appellee shall pay costs ia
both courts.
Third. If the appellant shall, at any time before the appeal is
perfected, tender to the appellee any part of the judgment, and he
shall not accept it in satisfaction, and the appellee shall not re-
cover more than the amount so tendered, he shall pay costs in the
appellate court, but not in the court below.
Fourth. If no such tender be made, and the appellee recover
any thing in the appellate court, the appellant shall pay costs in
Taoth courts.
Sec 4. If such appeal shall be from a judgment in favor of the
appellant, cost shall be adjudged as follows:
First. If, upon the trial* anew, the appellant shall not recover
:inore than the judgment below, he shall pay the costs of the ap-
jpellate court,
Ex. Doc. No. 60. 19T
Second. If he recover nothing, the costs shall be adjudged against'
iim in both courts.
Third. If he recover more than the judgraerit below, he shall re-
cover costs in both courts.
Sec. 5. In cases of appeals in civil suits, if the judgment of the
appellate court be against the appellant, it shall be rendered against
him and his securities in the appeal bond.
Sec. 6. When any demand shall be presented to the court of
prefect for allowance against the estate of any decedent, if the de-
mand be allowed, the estate shall pay the costs; if disallowed, the
party presenting the demand shall pay the costs.
Sec, 7. If any person commence a suit in the circuit court against
an estate within twelve months from the date of the administra-
tion, he may recover judgment, but shall pay all costs.
Sec 8. In criminal cases, if the defendant be convicted, costs
shall be adjudged against him.
Sec. 9. In all capital cases in which the defendant shall be con-
Ticted and shall be unable to pay the costs, they shall be paid by
the United States; in all other cases of conviction on indictment,
when the defendant shall be unable to pay the costs, they shall be
paid by the territory.
Sec. 10. In all capital cases, if the defendant be acquitted, the
costs shall be paid by the United States; and in all other cases of
acquittal on indictments the co-st shall be paid by the Territory.
Sec. 11. In all cases when any person shall be committed or
recognized to answer a criminal offence, and no indictment shall
be found against such person, the prosecutor shall be liable for the
costs.
Sec. 12. If a person charged with an offence shall be discharged
by the officer taking his examination, or if, on the trial before a
prefect or alcalde, of any criminal offence cognizable before such
officers, the defendant be acquitted, the costs shall be paid by the
prosecutor.
Sec 13. In all prosecutions instituted otherwise than by indict-
ment, if the offender be convicted, the costs shall not be taxed
agai-nst the United States, the Territory, or any county.
Sec 14. The person on whose oath or information any criminal
prosecution shall have been instituted shall be considered the
prosecutor.
Sec 15. Whenever any person shall be convicted of any crime
or misdemeanor, no costs incurred on his part shall be paid by the
United States, the Territory, or any county, except fees for
board.
■ Sec 16. When the costs in any criminal case shall be taxed
against the United States, the Territory, or any county, the fees of
clerk, sheriff, alcaldes, constable, attorney general, circuit attorney,
and all other ministeiial officers, shall be curtailed one-half.
Sec.' 17. No subpoena for a witness in any criminal case shall be
issued unless the name of such witness be indorsed on the indict-
ment, or the circuit attorney, or the prosecutor in the case, or tha
<lefendant or his attorney, shall order the same.
198 Ex. Doc. No. 60.
Sec. is. Whenever a witness in a criminal case is recognized or
subpoenaed, he shall attend under the same until he be discharged
by the court, and no costs shall be allowed for any second recog-
3iizance or subpoena against the same witness.
Sec. 19. All fines and penalties imposed, and all forfeitures
incurred, in any case not triable by indictment, shall be paid into-
the treasury of the county in which the offence was committed, for
the benefit of said county.
Crimes and 'punishments.
Sec, 1. The crimes mentioned in the first article of this law
being defined with sufficient accuracy by the laws heretofore in:
force in this Territory, it is deemed unnecessary to do more than-
to annex the punishment to the respective offences.
Article I.
Sec. 1. If any person shall be convicted of the crime of wilful-
murder, such person shall suffer death. If any person or persons
be convicted of manslaughter, such person or persons shall be
imprisoned not exceeding ten years, and fined not exceeding one
thousand dollars.
Sec. 2. If any person or persons shall be convicted of the crime-
of arson, such person or persons shall be imprisoned not exceeding
ten years, and fined Hot exceeding five thousand dollars.
Sec 3. Every person v^^ho shall be convicted of robbery or
burglary shall be imprisoned at hard labor not exceeding ten yearS;-
and receive on his bare back thirty-nine stripes well laid on; and
if death ensue to any innocent person or persons from such robbery
or burglary, the perpetrator or perpetrators, and his accessories
before the fact, shall be deemed guilty of wilful murder, and pun-
ished with death.
Sec. 4. If any person shall be convicted of larceny or theft, he
shall be fined in a sum not exceeding one thousand dollars, or
imprisoned at hard labor not exceeding two years; and any person,
convicted of stea ing any horse, mare, gelding, mule, ass, sheep,
bog, or goat, shall be sentenced to not more than seven nor less
than two years' imprisonment at hard labor, or to receive not more
than one hundred nor less than twenty stripes, well laid on his
bare back.
Sec 5. Every person who shall be convicted of forgery or coun-
terfeiting shall be imprisoned not exceeding ten years, and receive
on his bare back not exceeding one hundred lashes well laid on.
Sec 6. Every person who shall be convicted of stealing, falsify-
ing, or altering any record, or making any fraudulent deed or con-
veyance, shall be fined not exceeding one thousand dollars, or
imprisoned not exceeding seven years.
Ex. Doc. No. 60. 199
Article II.
Sec. 1. Every person who shall kill another in the necessary-
defence of his own life, or that of any other person, or of his own
house or property, or in the legal execution of any process, or in.
order to prevent great bodily harm to himself or another, shall be
deemed guiltless.
Sec. 2. If any person shall unlawfully have carnal knowledge of
any woman by force and against her will, he shall, on convicti®n
thereof, be castrated, or imprisoned not exceeding ten years, or
fined not exceeding one thousand dollars.
Sec. 3. Every person who shall be convicted of obtaining any
goods, moneys, or effects, with intent to defraud any other person,
under any false pretence, shall suffer the same punishment as in
case of larceny.
Sec 4. Every person who shall receive or buy any goods, or
effects, or chattels, knowing the same to be stolen, or shall know-'
ingly receive or harbor any thief or felon, shall, on conviction
thereof, be punished as in case of larceny.
Article III.
Sec 1. Every person who shall wilfully, and corruptly swear,
testify, or affirm falsely any material matter, upon any oath or
affirmation, or declaration legally administered in any cause, matter,
or proceeding before any court, tribunal, public body, or officer,
shall be deemed guilty of perjury, and shall be punished as
follows:
First. For perjury committed on the trial of any indictment for
a capital offence, with an express premeditated design to effect the
condeumation and execution of the prisoner, death, or confinement
in the county prison not less than ten years.
Second. For perjury committed on any other trial or proceedingj
or in any other case, by imprisonment not less than five years and
not more than ten years, and by not less than fifty nor more than
one hundred lashes on his bare back, well laid on.
Sec 2. Every person who shall procure any other person by any
means to commit any Vy^ilful and corrupt perjilry, in any cause, mat-
ter, or proceeding, in or concerning which such other person shall
be legally sworn or affirmed, shall be punished in the same manner
as hereinbefore prescribed, upon a conviction for the perjury which
shall have been so procured.
Sec 3. Every person who shall be convicted of having, directly
or indirectly, given any sum or sums of money, or any other bribe,
present, or reward, or any promise, contract, or obligation, or se-
curity for the payment or delivery of any money, present, or reward,
or any other thing, to obtain or procure the opinion, judgment, or
decree of any judge, prefect, or alcade, acting within this territory,
in any suit, controversy, matter, or cause depending before him, and
every judge, prefect, or alcade, who shall be convicted of having in
anywise accepted or received the same, shall be fined not more than
200 Ex. Doc. No. 60.
five thousand dollars nor less than five hundred dollars, and shall
receive not less than twenty nor more than one hundred lashes on
the bare back, well laid on.
Sec. 4. If any person or persons shall knowingly and wilfully
obstruct, resist, or oppose any officer of this Territory in serving or
attempting to serve or execute any process, or any rule or order of
any of the courts of this Territory, or any other judicial writ or pro-
cess, or shall assault, beat, or wound any officer or other person
duly authorized, in serving or executing any writ, rule, order, or
process aforesaid, he or they, on convictiot thereof, shall be im-
prisoned not exceeding twelve months, and fined^ot exceeding
three hundred dollars.
Sec 5. If any person or persons shall by force set at liberty or
rescue any person who shall be found guilty of any capital crime,
or rescue any person convicted of the said crimes, going to execu-
tion or during execution, he or they so offending, and being thereof
. convicted, shall suffer death; and if any person shall by force set at
liberty or rescue any person who, before conviction, shall stand
committed for any capital offence, or if any person shall by force
set at liberty or rescue any person committed for, or convicted o^,
any other offence against this territory, the person so offending
shall, on conviction, be fined not exceeding five hundred dollars,
and imprisoned not exceeding one year.
Sec. 6. Every person who shall agree or compound to take satis-
faction for any criminal offence, shall forfeit twice the value of the
sum agreed for or tak'en^ but no person shall be debarred from
taking his goods or property from, the thief, provided he prosecute
such thief.
Sec. 7. Every person who shall be convicted of shooting at or
stabbing another on purpose, or of assa'jlting or beating another
with a deadly .weapon, with intent to kill, maim, ravish, or rob
such person, or to commit any other crime, shall be imprisoned not
exceeding seven years nor less than two years.
Sec. 8. Every person who shall unlawfully assault, strike, or
•wound another, except as is provided for in the next preceding sec-
tion, shall, on conviction, be fined a sum not more than fifty dollars
nor less than one dollar.
Sec. 9. Every person who shall be convicted of bigamy or
polygamy shall be imprisoned not more than seven years nor less
than two*years.
Sec. 10. If three or more persons shall assemble together with
intent to do any unlawful act against the person or property of
another, or to do any other unlawful act against the peace and to the
terror of the people, or^ having lawfully assembled, shall make any
movement or preparation to do such act, they shall, on conviction,
pay a fine not exceeding fifty dollars and not less than five dollars
each.
Sec 11. The offences mentioned in the 8th and 10th sections of
this article shall be punished in a summary way before the alcades.
All other offences provided for in this law shall be punished by in-
dictment in the circuit court.
Ex. Doc. No. 60. 201
Sec. 12. The manner of inflicting the punishment of death, shall
be by hanging the person convicted, by the neck, until dead, and
shall be executed by the sheriff in not less than twenty nor more
than thirty days from the time sentence was pronounced.
Sec. 13. In all cases of imprisonment for offences under this law, it
shall be lawful for the jailor to compel the prisoner to labor at some
useful employment, under such directions and regulations as may
from time to time be given by the judge of the court before whom
the conviction was had; and it shall be lawful to secure such con-
victs by chain and block, or otherwise, so as to prevent their escape
during the period of their imprisonment.
Sec. 14. In all cases of conviction under this law, or any other,
for any criminal offence, the convict shall remain in confinement
until all the costs attending the prosecution shall be paid, and his
sentence fully complied with; and -if such convict shall not dis-
charge and satisfy the fine and costs, it shall be lawful for the sheriff
of the county in which Ihe convict may be imprisoned, if the circuit
judge of that county shall so direct, to bind such convict to labor
fof any term not exceeding five years, to any person who will pay
suqU fine and costs;, and the person to whom such convict shall be
bound may secure him, without cruelty, to prevent his escape.
Sec. 15. This act shall extend to all crimes committed beyond
the limits of any county or settlement within this Territory, and the
offender shall be apprehended and brought to the most, convenient
county or district in the Territory, and prosecuted according td"
law.
Sec. 16. All fines and penalties accruing under the 8th and 10th
section of this article shall be paid into the treasury of the county
in which the offence was committed: all other fines and penalties
-accruing under this law shall be paid into the Territorial treasuiy.
Decisions of superior court.
Sec. 1. The attorney general shall be ex officio reporter of the
decisions and opinions of the superior court.
Skc. 2. The opinion of the court shall, in all cases, te reduced
to writing, and filed in thci,- cause to which it relates; which shall
apply as well to motions which will dispose of a cause, as to final
decisions.
Sec. 3. The opinion shall always contain a sufficient statement of
the case, so that the same may be understood without reference to
the record or other proceedings of the cause.
Sec. 4. The clerk of the superior court shall, when any opinion
of the court is filed in his office, endorse thereon the day it is fijed,
and enter the same on his minutes; and shall, within thirty days
thereafter, make a true copy thereof, and shall certify the same and
transmit it to the reporter within thirty days after he is required to
copy the same; and, upon failure to perform the duties required by
this section, he shall forfeit twenty dollars to the use of the Terri-
tory, to be recovered by indictment.
Sec. 5. The report'er shall publish the decisions of the superior
court under the directions of the court.
202 Ex. Doc. No. 60,
Elections.
Sec. 1. On the first Monday in August, eighteen hundred and
forty-seven, and every two years thereafter, an election shall be
held throughout this Territory for a delegate to Congress and mem-
bers of the general assembly.
Sec. 2. The governor of the Territory shall divide each county
into as many election precincts as the public convenience may re-
quire, and shall name a house in each precinct where the election
shall be held, and appoint three discreet persons to hold the same
at each place of election.
Sec. 3. If the governor shall not designate the election precincts,
or the house, nor appoint the judges, thirty days before the day of
election, it shall be the duty of the prefects to divide their respec-
tive counties into precincts, to name a house in each where the
election shall be held, and appoint the judges of the election.
Sec. 4. If both the governor and prefects fail to designate the
election precincts, the election shall be held at the seat of justice
of each county which is not so divided into precincts; and if no
house shall be named by the governor or prefects, it shall be' the
duty of the sheriff to fix the place of holding the election. And,
if no judge be appointed, or if those appointed fail to attend, the
voters, when assembled, may appoint the judges of the election.
Sec. 5. When the governor issues a writ of election to fill any
vacancy, he phall mention in said writ how many days the sheriff
shall give notice thereof.
Sec. 6. It shall be the duty of the clerks of the prefects, respec-
tively, one month before each general election, or six days before
a special electio7i, to make out and deliver to the sheriff of their
counties two blank poll-books for each election precinct in their
county, properly laid off with columns, with the proper certificates
attached. The sheriff shall forthwith deliver to the judges of the
election, in their respective precincts, the blank books aforesaid.
Sec. 7. There shall be allowed to the clerks for making out and
furnishing the poll-books aforesaid one dollar for each copy, to be
paid out of the county treasury.
Sec. 8. The judges, before they enter on their duties, shall take
an oath or affirmation, to be administered by one of their own body,
or by any magistrate authorized to administer oaths, that they will
impartially discharge the duties of judge of the present electioHj.
according to law.
Sec. 9. The judges shall appoint two clerks, who, before entering
upon the duties of their appointment, shall take an oath or affirma-
tion, to be administered by one of the persons appointed or elected
as judge of the election, that they will faithfully record the names
of all the voters, and distinctly carry out in lines and columns the
name of the person for whom- each voter votes.
Sec. 10. The judges of each election shall open the polls at 9
o'clock in the morning, and continue them open till 6 o'clock in
the evening, when they shall be closed.
Ex. Doc. No. 60. 203
Sec. 11. All elections held in pursuance of this law shall con-
tinue one day, and no longer.
Sec. 12. At the close of each election the judges shall certify,
under their hand, the number of votes given for each candidate,
which shall be attested by their clerks; and they shall transmit the
same, together with one of their poll-books, by one of the clerks,
to the clerk of the prefect of the county in which the election was
held, within five days thereafter; the other poll-book shall be re-
tained in the possession of one of the judges of the election, open
to the inspection of all persons.
Sec. 13. The clerks of each prefect in this Territory shall, within
eight days after the close of each election, take to his assistance
the prefect of his county, and examine and cast up the votes given
to each candidate, and give to the person having the highest num-
ber of votes for any particular office a certificate of election.
Sec. 14. The clerks, in comparing the returns from the several
election precincts, shall do it publicly in the court-house of their
counties, first giving notice of the same by public proclamation at
the court-house door.
Sec. 15. In all districts for the election of members to the legis-
lative council, composed of two or more counties, the clerks of all
the counties of the district shall transmit to the clerk of the county
first named in the district, within twelve days after such election,
a certificate, under their hands, of the number of votes given to
each candidate in the respective counties. The clerk of the county
to which such return shall be made shall give to the person having
the highest number of votes a certificate of election, under bis
hand.
Sec. 16. The clerks of the several counties to whom a transcript
of the votes is directed shall, within two days after the time lim-
ited for the examination of the polls, transmit to the seat of gov-
ernment, by a special messenger, a fair abstract of the votes given
in their respective counties for delegate to Congress, members of
.the legislative council, and house of representatives.
Sec. 17. If there shall be a failure to receive any of the returns
at the seat of government for one week after the same shall be due,
estimating thirty miles as a day's travel, the secretary of the Ter-
ritory shall despatch a messenger to the county not returned, with
directions to bring up said abstract.
Sec. 18. If such failure shall happen by neglect of the clerk, he
shall forfeit to the Territory one hundred dollars, together with the
expense of such messenger, to be recovered by indictment.
Sec. 19. The secretary of the Territory may delay longer than
one week, if the circumstances will justify it, taking care that tbe
return in all cases be obtained in the time that the returns from th
most distant county ought to be made: Provided, That the secre-
tary shall in no case delay to despatch such messenger for said re-
turns more than forty days after such election.
Sec. 20. Within sixty days after each general election, or sooner
if the returns shall all have been made, the secretary, in the pre-
sence of the governor, shall proceed to cast up the votes given inr
204 Ex. Doc. No. 60.
all the counties in the -Territory for delegate to Congress, and shall
give to the person having the highest number of votes a certificate
of his election, under his hand, with the seal of the Territory affixed
thereto.
Sec. 21. Should any two or more persons have an equal number
of votes, and a higher number than any other persons, the gov-
ernor shall, in such case, issue his proclamation, giving notice of
such fact, and that an election will be held at tlie place of holding
elections in this Territory for such delegate to Congress, in which
shall be mentioned the day of election; which election shall be
conducted and returned according to the provisions of this law.
Sec. 22. Within two days after the meeting of each general as-
sembly, the secretary of the Territory shall lay before each house
a list of members elected, agreeably to the returns in his office; and
the two houses shall, without delay, assemble in the hall of the
house of representatives, and the speaker of the house of represen-
tatives and of the legislative council shall, in the presence of the
two houses, examine the returns, and declare who are elected to fill
said offices.
Sec. 23. If any two or more persons have an equal number of
votes for the same office, and more votes than ajiy other persons,
the two houses shall, by joint vote, determine the election; and
the speakers of the two houses shall deposite in the office of the
secretary of the Territory a certificate declaring what persons have
heen elected.
Sec. 24. There shall be allowed to clerks for sending or convey-
ing the returns of any election in any district into any other county
in the district, as occasion may require, and also to any messenger
■who may be employed to convey the returns of any election to the
seat of government, at the rate of five cents per mile going and re-
turning, to be paid out of the Territorial treasury.
Sec 25. If any judge or clerk, after he shall have undertaken to
perform the duties pointed out by this law, fails so to do, or if any
person employed to carry the returns of any election fails so to do,
he shall be fined two hundred dollars for the use of the county, to
be recovered by indictment: Provided, That said penalty shall not
"be inflicted on any person prevented by sickness or unavoidable
accident from performing the duties assigned him by this law.
Sec. 26. When any person offers to vote, w^ith v/hose qualifica-
tions neither of the judges is personally aqcuainted, either of the
judges may administer an oath and examine him touching his quali-
fications as a voter.
Sec 27. If any person offer to vote in a precinct of which he is
not a resident, if he possesses the necessary qualifications of a
voter, he may vote on taking an oath that he has not voted and
will not vote at any other precinct during this election.
Sec 28. When any person, who shall offer himself as a voter,
shall be excluded from voting by the judges, they shall cause his
name to be entered on the poll-book as a rejected voter, and shall
also take down the names of the persons for whom such person
wishes to vote.
Ex. Doc. No. 60. 205
Sec. 29. All judges, clerks, and voters shall be free from arrest,
except for felony or breach of the peace, in going to, attending on,
and returning from elections.
Sec. 30. If any candidate of the proper county or district con-
tests the election of any person proclaimed duly elected to either
house of the general assembly, such person shall give notice in
•writing to the person whose election he contests, or leave a writ-
ten notice thereof at the house where such person last resided,
within fi^rty days after the return o? the election to the clerk's
office. The notice shall specify the names of the voters whose
votes are contested, the grounds on which such votes are illegal,
and the name of the alcalde who will attend to the taking of the
depositions, and when and where he will attend to take the same.
Sec. 31. It shall be the duty of the person whose election is con-
tested to select another alcalde to attend at the taking of the depo-
sitions at the time and place specified in the next preceding sec-
tion; and when the parties meet at the time and place specified for
taking the depositions, they shall, unless it is otherwise agreed
upon, select a third alcalde to assist in taking the depositions.
Sec. 32. If the person whose seat is contested fail to select an
alcalde, as provided for in the next preceding section, the person
contesting the same shall proceed to select another alcalde without
delay, and the two alcaldes thus selected by the contestor shall, in
such event, have full power and authority to take depositions of
witnesses who may be brought before them to be examined.
Sec. 33. The person whose seat is contested, if he intends to
contest the legality of any votes given to the candidate who con-
tests the same, shall, within twenty days after he is notified that
his election will be contested, give to the adverse party a similar
notice to that specified in the 30th section of this law; and the
candidate to whom the notice is given shall proceed to select an:
alcalde in the same manner as is provided for in the 3lst section*,
and, on his failing to do so, the party giving the notice shall, with-
out delay, select another alcalde, and the two alcaldes so selected
ty the party proclaimed duly elected shall proceed to take the
depositions of such witnesses as may be brought before them to be
examined: Provided, however, That either party may, without no-
tice, take rebutting testimony before the alcaldes at the time and
place specified for taking depositions.
Sec. 34. If, from sickness or from any other cause, the alcaldes
so selected by either party shall fail to attend at the time and
place specified for taking depositions, said party shall, without
delay, select some other alcalde to supply such vacancy.
Sec. 35. The taking of such depositions shall be commenced
within forty days from the day of election; and the said alcaldes,
or either of them, shall issue subpoenas to all persons required by
either party commanding such persons to appear and give testi-
mony at the time and place therein mentioned.
Sec. 36. The alcaldes shall hear and certify all testimony rela-
tive to such election to the speaker of the house a seat to which is
contested, «
206 Ex. Doc. No. 60.
Sec. 37. No testimony shall be received by the alcaldes, or either
house of the general assembly, on the part of the eontestor or con-
testee, which does not relate to the point specified in the noticejia
copy of which notice, attested by the person who' served or de-
livered the same, shall be delivered to said alcaldes, and by thera
transmitted with the depositions; and no testimony, except that
contained in the depositions taken before the alcaldes, shall be re-
ceived as evidence by either house of the geucral assembly.
Executions.
Sec. 1. The party in whose favor judgment, order, or decree ia
any court may be rendered, shall have execution therefor in con-
formity to the order, judgment, or decree. *
Sec. 2. The execution shall be against the goods, chattels, lands,
and body of the defendant against whom the judgment, order, or
decree shall be rendered: Provided, That executions from alcaldes
shall not go against lands.
Sec. ^. When any execution shall be placed in the hands of
any officer for collection, he shall call upon defendant for payment
thereof, or to show him sufficient goods, = h.ttels, effects, and
lands whereof the same may be satisfied ; and if the officer fail to
find property whereof to make the same, he shall notify all persons
■who may be 'indebted to said defendant not to pay said defendant,
but to appear before the court out of which said execution issued,
and make true answers on oath concerning his indebtedness ; and
the like proceedings shall be had as in case of garnishees sum-
moned in suits originating by attachment. If the officer shall not
find sufficient goods, chattels, effects, lands, or debts, to satisfy
the execution, he shall arrest the body of the defendant, and in
default of payment commit him to jail.
Sec. 4. Any defendant so committed to jail, at the expiration
of five days from the day of his commitment, may be discharged
upon rendering a schedule, under oath, of all his property, money,
and effects, and delivering the same to the sheriff of the county.
The sheriff shall have power to administer the oath aforesaid to
said defendant.
Sec. 5. The truth of such schedule may be tried, on the return
of the execution, before the tribunal^ which issued the same ; and
if it be found untrue, the body of the defendant may be retakea
and committed to jail to await his trial for perjury.
Sec. 6. The person whose goods are taken on execution may
retain possession thereof until the day of sale, by giving bond in
favor of the plaintiff with sufficient securities, to be approved by
the officer, in double the value of such property, conditioned for
the delivery of the property to the officer at the time and place of
sale to be named in such condition ; which bond shall be returned
with the execution.
Sec. 7. Upon a failure of the officer to return such bond, or in
case of its insufficiency, the officer shall be subjected to the same
Ex. Doc. No. 60. 207
liability as is provided in the case of similar bonds in suits com-
menced by attachment.
Sec. 8. No goods and chattels, or other personal effects, taken
by virtue of any execution, shall be sold until the officer having
charge of the writ shall have given ten days' notice of the time
and place-.of sale, and of the property to be sold, by at least three
advertisements put up at public places in the county in which the
sale is to be made.
Sec. 9. When real estates shall be taken in execution by any
officer, it shall be his duty to expose the same to sale, at the
court-house door, on some day during the term of the court of the
county in which the same is situated, having previously given
twenty days' notice of the time and place of sale, and what lands
are to be sold, and where situated, by at least six hand-bills
signed by him and put up at different public places in the county.
Sec. 10. All executions issued by the circuit or superior court,
or court of a prefect, twenty days before the next term of such
court, shall be returnable to the said next term ; and all executions
issued from said courts less than twenty days before the next term
shall be returnable to the second succeeding term.
Sec 11. All executions issued by the alcaldes shall be return-,
able in thirty days from their date.
Fees.
Sec. 1. The attorney general and circuit attorneys, respectively,
shall be allowed fees as follows, which shall be taxed as other
costs :
1. For every conviction on indictment, where the punishment
assessed by the court or jury shall be fine or imprisonment, $5. :^
2. For judgment in every proceecling of a criminal nature other-
wise than by indictment, |5.
3. For his services in all actions which it is, or shall be made
bis duty to prosecute or defend, $5.
4. For a conviction for homicide other than capital, for rape,
arson', burglary, robbery, forgery, and counterfeiting, $10.
5. For a conviction in a capital case, $20.
Sec 2. The clerk of the prefect shall be allowed the following
fees :
1. For recording letters testamentary or of administration, $1.
2. For filing the bond of an executor or administrator, 50 cents.
3. For order appointing guardian or curator, 12^ cents.
4. For filing and preserving bond of guardian or curator, 50
cents.
5. For every order of publication, 25 cents.
6. For every order relating to executors, administrators, or
guardians, not otherwise provided for, 12^ cents.
7. For copying any order, record, or paper, for every 100 words,
10 cents.
8. For entering every verdict and judgment, 12^ cents.
208 Ex. Doc. No. 60.
9. For every instrument of writing, for every 100 words, 10
cents.
10. For proof of every will or codicil taken by the prefect, 25-
cents. 1 1 r.- ^
11. For every certificate and seal, 2d cents.
12. For issuing every subpcEna, 25 cents. *
13. For administering every oath, 3 cents.
14. For keeping abstracts of demands — for each demand, 3 cents^
15. For certifying the amount, date, and classes of any demand^
without seal, 5 cents.
16. For entering every motion or rule, 5 cents.
17. For swearing and entering a jury, 25 cents.
18. For entering every trial, 5 cents.
19. For commission to take depositions, 25 cents.
20. For every execution, 50 cents.
21. For every continuance of a cause, 5 cents.
22. For entering an appeal, 12^ cents.
23. For every writ to summon a jury, 12^ cents.
24. For every order to distribute assets among heirs, &c., 12|^
cents. -, r 1 • • 1-
25. For" every settlement of executor, administrator, or guardiam,
whether annual or final, 25 cents.
26. For every order appointing road overseers, 25 cents.
27. For filing and preserving constable's bond, to be paid by-
constable, 25 cents.
28. For all services in taking, filing, and keeping collector's
bond for territorial taxes, to be paid by the territory, $1.
29. For like services for collector's bond for county taxes, to
be paid by the county, $1.
30. For making out territorial and county taxes, to be paid by
the territory and county, (each for its own,) for every 100 words,
10 cents.
31. For issuing every license, to be paid for by the applicant, 50
cents.
32. For taking, filing, and safekeeping every other bond, not
otherwise provided for, 50 cents.
33. For issuing each writ, and receiving, filing, and docketing
the return, 50 cents.
34. For taking every acknowledgment to a deed or writing, 25-
Sec. 3. Clerks of the circuit courts shall receive the following
fees for their services:
1. For drawing, sealing, and entering every writ, and filing the
same, $1. . • ^^ .
2. For taking and entering every recognizance, 2o cents,
3. For taking and entering every bond in any case, 25 cents,
4. For every issue joined,, 25 cents,
5. For entering every motion, rule, or order, 25 cents.
6. For every continuance of a cause, 25 cents.
7. For every subpoena, 50 cents.
8. For a copy of every rule, or order, 25 ceata.
Ex. Doc. No. 60, 209
9. For entering every judgment, 50 cents.
10. For swearing and entering every jury, 50 cents.
11. For search of a record of 12 months' standing, 5 cents.
12. For entering an appeal to the superior court, 25 cents.
13. For every writ of attachment, $1.
14. For administering every oath, 5 cents.
15. For copies of records and papers, for every 100 words, 10
cents.
16. For producing any record of the court under any rule, or
order, 25 cents.
17. For taking and entering of record every acknow^ledgment of
-sheriff's deed, 50 cents.
1^. For certificate and seal, 50 cents.
19. For a venire to summon a jury, 50 cents.
20. For every execution, $1.
Sec. 4. Clerks of the severaT courts of this Territory possessing
criminal jurisdiction shall be entitled to the following fees in crim-
inal cases:
1. For every indictment returned by a grand jury, 50 cents.
2. For venire to summon grand or petit jury, 50 cents.
3. For issuing and filing every writ of capias or attachment, $1.
4. For taking and entering recognizance of every prisoner, 25
•cents.
5. For every issue of fact joined, 25 cents.
6. For every continuance of a cause, 25 cents. • •
7. For every subpoena, 25 cents.
8. For commission to take depositions, 50 cents.
9. For entering judgment on plea of guilty, 50 cents.
10. For swearing and entering each grand jury, 50 cents.
11. For swearing and entering each petit jury, and delivering
copy to each party, 50 cents.
12. For judgment on any issue of law, or fact, 25 cents.
13. For entering appeal to superior court, 25 cents.
14. For taking recognizance of such appeal, 25 cents.
15. For copies of papers and records, for every 100 words, 10
^ents.
16. For administering each oath, 5 cents.
17. For each certificate and seal, 50 cents.
18. For issuing execution, $1.
Sec. 5. Clerks of the superior court shall receive the following
fees:
1. For every writ, $1.
2. For taking bond and issuing supersedeas, $1.
3. For supersedeas alone, 50 cents.
4. For filing transcript, and docketing case, 50 cents.
5. For filing assignment or joinder ot error, 25 cents.
6. For recording the opinion of the court when required so t»
do, for every 100 words, 10 cents.
7. For copies of the same with certificates, for every 100 wordS|^
10 cents.
8. For certified copies of counsels' briefs, 10 centi,
14
210 Ex. Doc. No. 60.
9. For relaxing any bill of costs, to be paid by the clerk whose
till is relaxed, $1.
4 10. For every other service to be performed by said clerks, they-
shall be allowed the same fees that are allowed to clerks of the
circuit court for similar services.
Sec. 6. Sheriffs shall be allowed the following fees for their ser-
■vices:
1. For serving every citation or summons for each defendant, $1,
2. For serving writ of capias or attachment for each defend-
ant, $1.
3. For taking and returning every bond required by law, 50
cents.
4. For levying every execution, $1.
5. Fbr making, executing, and delivering every sheriff's deed.,
to be paid by the purchaser, $2. m
6. For every return of " non est inventus," on citation or sum-
iDons, 50 cents.
7. For a return of nulla bona on execution, 50 cents.
8. For executing a special summons for a jury, $1.
9. For summoning a jury in any other case, 50 cents.
10. For summoning each witness, 50 cents.
11. For serving every order or rule of court, 50 cents.
12. For attending each court, per day, $1 50.
J3. Fpr calling each jury, action, or party, 12^ cents.
14 For calling each witness, 5 cents.
15. For serving each' writ of capias in a criminal case, for each
defendant, $1.
16. For serving a writ of attachment for each jierson in a crim-
inal case, $1.
17. For serving each writ of execution in a crirranal case, $1.
18. For every return of non est inventus, or nulla bona, on an
€xecution in a criminal case, 50 cents
19. For summoning a grand jury, $5.
20. For committing any person to jail in any case, 50 cents.
21. For furnishing prisoners with board, each day, 25 cents.
22. For executing every death warrant, !^J5.
23. For commission for receiving and paying moneys on execu-
tion where lands or goods have been levied on, advertised, and
sold, 3^ per cent, on the first two hundred dollars, and two per
cent, on all sums above that amount, and one-half of such com-
mission when the mo-iey has been paid without a levy, or where
the land and goods levied on. have not been sold.
24. The party at whose application any writ, execution, sub-
poena, or other process is issued from the superior court, shall
cause the same to be returned without fee, unless the court shall,
for special reasons, order the personal attendance of the sheriff, in
"which case he shall be allowed for each mile going and returning
from the court house of the county in which he resides to the
jiace of sitting of the superior court, five cents.
25. Every court shall allow the sheriff, or other officer, reason-
«ible compensation for conducting prisoners from one county to
Ex. Doc. No. 60. ^ 211
anolher, or for keeping the same in custody befor^ they are com-
mitted to jail, which cost shall be taxed as other costs in criminal
proceedings.
Sec. 7. Witnesses shall be allowed fees for their services in all
cases, as follows: For attending any court, referee, clerk, or com-
missioner within the county where the witness resides, for each
day, fifty cents; for attendance as aforesaid, out of the county, for
each day, one dollar; for each mile of travel in going to and return-
itfg from the place of trial, five cents.
Sec. 8, Alcaldes shall be allowed fees for their services as fol-
lows:
1. For every summons, 25 cents.
2. For every subpoena, 25 cents.
3. For every attachment, 50 cents.
4. For every judgraent^a cents.
5. For every execution^25 cents.
6. For administering each oath, 5 cents.
7. For every order for a jury, 25 cents.
8. For taking acknowledgment to deed, or power of attorney,
25 cents.
9. For making certified copies on appeals, for each 100 words,
10 cents.
10. For every writ of habeas corpus, $1 50.
11. For certifying depositions, 25 cents.
12. For writing depositions, for every 100 words, 10 cents.
13. For issuing a warrant in criminal cases, 25 cents.
14. For swearing a jury, 25 cents.
15. For taking each recognizance, 25 cents.
Sec* 9. Constables shall be allowed the following fees for their
services:
1. For serving a warrant in a criminal case, for each defend-
ant, 50 cents.
2. For serving summons or notice in a civil case, 25 cents.
3. For summoning each jury, 75 cents.
4. For taking a criminal to jail, 75 cents.
5. For serving every execution, 25 cents.
6. For takiing a debtor to jail, 75 cents.
7- For taking every bond required by law to be taken by him,
25 cents.
8. For summoning each witness, 25 cents.
9. For^serving writ of attachment, 50 cents.
10. For collecting and paying over to plaintiu all sums collected,
3 per cent.
Sec. 10. Every prefect shall be allowed for his services two hun-
dred dollars a year, to be paid out of the treasury of the United
States, and two dollars a day for every day he may be necessarily
employed in the discharge of his duties, to bo paid out of the
county treasury.
212 Ex. Doc. No. 60.
' Guardians.
' Sec. 1. In all cases not otherwise provided for by law, the fa-
ther, Avhile living, and after his death, and when there shall be no
lawful father, then the mother, if living, shall be the natural guard-
ian of their children, and have the custody and care of their per-
sons, education, and estates; and, when such estate is not derived
from the parent acting as guardian, such parent shall give security,
and account as other guardians.
2. If a minor have no parents living, or the parents be adjudged,
according to law, incompetent or unfit for the duties of guardian,
the prefects in their respective counties shall appoint guardians to-
such minors.
3. Every appointment of guardian shall specify whether it be
of the person, or of the personal estatj^.
4. All guardians of the estate of any minor, and all guardians
and curators appointed by law, shall, before entering on the duties
as such, give bond, with security, to be approved by the prefect
by whom they were appointed, to the Territory of New Mexico,
for the use ot the minors respectively, in double the value of the
estate or interest to be committed to their care, conditioned for the
faithful discharge of their duties according to law.
5. Guardians and curators shall put the money of minors en-
trusted to their care to interest upon mortgage, to be approved by
the prefect; or they may, with the leave of the prefect and the
assent of their securities, retain the money in their hands, paying
interest therefor; but, if no person be found to take the money on
interest, and the guardian or curator should not choose to retain
the same, paying interest, then they shall be liable for the prin-
cipal alone until the same can be put to interest.
6. Guardians and curators'may put the money, of minors entrusted
to their care, in all sums under five hundred dollars, to interest,
upon any safficient security, to be approved by the prefect.
7. Guardians and curators shall make annual settlements with
the court of the prefect in which their proceeding shall be, begin-
ning at the first term after the beginning of a year from their ap-
pointments or admissions respectively, and at each corresponding
annual term, as near as may be, until their final settlement; and in
such settlements, guardians having the care and education of mi-
nors shall make a statement, on oath, of the application of all
money- directed by the court to be applied by ihera to the edu-
cation of their wards. Guardians and curators neglecting or refu-
sing to make such settlements or statements on oath, herein re-
quired, shall be liable to be attached and imprisoned until they
make such settlement and statement, the court first making a rule
on them, respectively, to show cause why they should not be so
proceeded against.
Habeas corpus.
Sec. 1. Every person detained in custody charged with a
criminal offence, or otherwise, may have a writ of habeas corpus,
Ex. Doc. No. 60. 213
"by application by petition, verified, by affidavit, of the person in
custody,. or some other competent person, to any judge, prefect, or
two alcaldes.
2. The petition shall state, in substance, by whom the party for
whom relief is prayed is imprisoned, or restrained of his liberty,,
and the place where, and the true cause thereof, to the best of the
knowledge and belief of the party.
3. The jailor, or person having custody of the petitioner, shall
forthwith be commanded by the officer to whom application is
made, by a writ under his hand, to have the petitioner, together
with the cause of his detention, before the judge, prefect, or al-
caldes issuing the writ.
4. The proper officer shall proceed to hear all the evidence for
the prosecution and against it, and to determine the cause in a sum-
mary manner.
5. Parties to whom bail has been denied, or who were unable to
give bail, may have this writ for the purpose of being released from
bail, as required by law.
6. If the fffficer trying the same shall deem the party innocent,
he shall release him; but if he thinks him guilty, he shall remand
him, or bail him, according to the circumstance of the case.
Jails and jailors.
Sec. 1. There shall be kept and maintained in good and sufficient
condition and repair a common jail in each county within this Ter-
ritory, fo be located at the permanent seat of justice for such coun-
ty, and at the expense of said county.
2. The sheriff of each county in this Territory shall have the cus-
tody, rule, keeping, and charge of the jail within his county, and
of all prisoners in such jail.
3. It shall be the duty of the sheriff to receive from crnstables
and other officers all persons v/ho shall be apprehended by such
constables or other officers for ofifences against this Territory, or
who shall be committed to such jail by any competent authority.
4. When any person is confined in jail on civil process, and mo-
ney OF property of the person imprisoned cannot be found sufficient
for his maintenance, the plaintiff, at whose suit the person may be
imprisoned, shall pay for his maintenance, at the rate of twenty-
five cents per day, to be paid to the sheriff or jailor, to furnish such
prisoner with provisions to the full amount thereof. In case the
said plaintiff shall refuse to pay the money as aforesaid, and shall
be in arrear two weeks, the sheriff may discharge the prisoner,
and recover the same from said plaintiff in the same manner as other
debts.
5. Whenever any sheriff of any county of this Territory shall have
any parson in his custody, either on civil or criminal 'process, or
there shall happen to be no jail, or the jail of the county shall be
insufficient, it shall be lawful for such sheriff to commit such per-
son to the nearest jail of some other county, and it is hereby made
the duty of the sheriff of said county to receive such person so
214 Ex. Doc. No. 60.
committed as aforesaid, and him or them safely keep, subject to the
order or orders of the circuit judge for the county whence said pri-
soner was brought.
Jurors.
Sec. 1. The clerk of each circuit court shall issue an order, at
least thirty days before each term of said couit, to the sheriff, com-
manding him to summon eighteen good men to serve as grand jurors
at the next term of said court, who shall be citizens of the county,
over twenty-one years of age, and householders and freeholders,
and subject to no legal disability.
2. Each grand juror shall be summoned at least six days before
the first day of the term of the court.
3. There shall not be less than fifteen grand jurors sworn;' and
if that number fail to attend, the court shall order the sheriff to
summon of the bystanders enough others to make up that number.
4. The clerk shall issue subpoenas for, and the sheriff shall sum-
mon all witnesses v-ho are required by, the grand jury.
5. The court shall select and have sworn some competent mem-
ber of the grand jury as foreman, who shall swear all witnesses
coming before them.
6. The circuit attorney shall attend on the grand jury, and con-
duct all investigations, and prepare all indictments directed by the
foreman.
7. If any witness shall fail or refuse to appear before th^ grand
jury, or give evidence before them, the ccrurt shall imprison or
otherwise punish him for contempt.
8. No grand juror shall disclose any evidence given before the
grand jury, nor the name of any witness who appeared before them,
nor that any indictment has been found, nor how any member of
the grand jury voted on any question, nor what was said by any
juror, except when lawfully required to tes^tify in relation thereto.
9. In every case whenever a petit jury may be required, the
sheriff shall summon twelve free male citizens of the Territory, resi-
dents of the county, over the age of twenty-one years, and under
no legal disability. No person of kin to either party, or who has
formed or expressed an opinion in any case, and no witness, can
be sworn as •<« petit juror.
10. Every juror summoned to attend, and failing, without a good
excuse, shall be fined by the court, in its discretion, not exceeding
five dollars.
11. In all civil cases each party may object to three jurors per-
emptorily.
Laws.
Sec. 1. All laws heretofore in force in this Territory which are
n '\ /.e/ugn^nt to, or inconsistent vviih, the constitution of the United
StiUt'S and the laws thereof, or the statute laws in force for the
time being, shall be the rule of action and decision in this Territory-
• Ex. Doc. No. 60. 215
2. All acts of the general assembly of this Territory shall take
effect at the end* of ninety days after the passage thereof, except
%vhere it is otherwise specially provided.
3. When any person, party, or subject matter is described or re-
ferred to by fiords importing the singular number or the masculine
gender, several matters and persons, and females as well as males,
and bodies corporate as well as individuals, shall be taken to be in-
cluded.
Practice at law in civil suits.
Sec. 1. All actions brought in the circuit court shall be com-
menced by petition, which shall contain a plain statement of the
names of the parties, the cause of action," and the relief sought; it
shall be sworn to before the clerk of the circuit court by the plain-
tiff or his agent, and filed in the office of the clerk.
2. Upon any such petition being filed as aforesaid, thcclerk, ex-
cept wherfe it is otherwise specially provided, shall issue a citation
for the opposite party.
3. The citation, when issued, shall be endorsed u'.-ioa or annexed
to the petition or a copy thereof, and the petition or a copy there-
of shall be delivered, together with the writ, to the officer having^
execution thereof.
4. Suits instituted by citation shall be brought in the (X)unty in
which the defendant resides, or in the county in which the plaintiff
resides and the defendant may be found, in cases where the defen-
dant is a resident of this Territory; but if the defendant be a non-
resident of this Tarrilory, such suit may be commenced in any
county.
5. A citation shall be executed either by reading the petition and
writ to the defendant, or served by delivering to him a copy of the
petition and writ; or, third, by leaving a copy of the petition and
writ at his usual place of abode, with some member of the family
over the age of filteeu years.
6. In all cases where the defendant shall refuse to hear such
writ and petition read, or to receive a copy thereof, the offer of the
ofEcer to read the same, or to deliver a copy thereof, aipd such re-
fusal, shall be a sufficient service of such writ.
7. Any creditor whose demand amounts to fifty dollars or more
may r-tte out a writ of capias in the circuit court, by filing an affi-
davit si:ating that the defendant is justly indebted to him, after
allowing all set-oifs in a sum specified in the affidavit, and on what
account the affiant has reason to believe, and does believe, that the
defendant is about to abscond from the Territory, so as to endanger
the collection of his debt, and by also filing a boifd as is required
in attachments.
8. Creditors whose demands amount to less than fifty dollars may
sue their debtors before alcaldes, by writs of capias, subject to the
same rules as are prescribed in the preceding sections concerning
such writs.
9. A writ of capias shal' oe served by taking the body of thfe
^16 Ex. Doc. No. 60. •
43efeiulantj and retaining the same in custody until discharged by-
due course of law; but ihe defendant shall be discharged atanytime
bv giving bond and security to the sheriff' or constable that he will
render himself in custody to abide the judgment, oyler, or decree
of the court.
10. The defendant may, at the return term of the writ, deny the
truth of the affidavit by answer without oath, and the same pro-
ceedings shall be had thereon as in cases of attachment.
11. If the petition and writ shall be served ten days before the
first day of the next term of said court, the defendant shall, on or
before the second day of said term, file his legal exceptions to said
petition, if any he have, whicli exceptions shall be determined by
the judge in a summary manner,
12. if the exceptions be overruled, the defendant shall forthwith
file his answer under oath, fully admitting or denying, or confess-
ing and avoiding every material part of said petition.
1^. If no such exceptions be filed, the deiendant shall file such
answer on or before the second day of said term.
14. All subsequent pleadings shall be filed under oath, and in.
such times as the court shall prescribe.
15. All causes shall be tried at the next term after return of the
writ, unless continued for good cause. Every cause may be contin-
ued by a court upon application by either party, verified by affida-
vit, showing good cause for such continuance.
16. All appeals from inferior tribunals to the prefects or circuit
courts shall be tried anew in said courts on their merits, as if no
trial had been had below.
17. The courts may from time to time appoint interpreters and
translators to interpret the testimony of witnesses, and to translate
any writing necessary to be translated in such courts or cause
therein, who shall receive therefor the compensation and mileage
•allowed to witnesses, and tw-enty-five cents for every 100 words
translated.
Practice at law in criminal cases. '^
Sec. 1. Whenever complaint shall be made lo any judge, prefect,
or alcalde, that a criminal off"ence has been committed, it shall be
his duty to examine the complaint, and any witness who may be
introduced by him, under oath; if it appear, on such exarainationj,
that any crime has been commit-ted, the magistrate shall issue a
warrant commanding the sheriff or other officer forthwith to take
the accused and bring hira before such magistrate, to be dealt with
according to law. Warrants issued by a judge may be executed
in any part of ^the territory, and warrants issued by any other
inagisliate may be executed in any part of the county where such
officer resides.
2. Whenever any person, who shall have committed a criminal
offence in any county, shall escape into another, any magistrate
within the county in which such offender may be found may issue
Lis warrant for his apprehension, or may endorse a warrant which
ias been issued by a magistrate in the county from which the cri-
Ex. Doc. No. 60. 217
some magistrate of the county in which the offender was committed
for trial
3. If the offence be an assault, battery, or affray, or gaming, or
-disturbance of a religious congregation, the prisoner shall be taken
before some alcalde and punished in a summary manner. The trial
of all such offences shall be by a jury of twelve competent men,
who, if they find the defendant guilty, shall assess the fine to be
paid by him, which shall not be less than one dollar nor more than
iiftyMollars.
4. In all other cases of crimes, the prisoner maybe taken before
any magistrate authorized to issue a warrant, who "shall proceed as
soon as may be to examine the complainant and the witnesses for
the prosecution, on oath, in the presence of the prisoner, with re-
gard to the offence. After the examination of the witnesses for
the prosecution, the witnesses for the defence shall be sworn and
examined.
5. While any witness for or against the prisoner is under exami-
nation, the magistrate may exclude all witnesses who have not been
examined, and may cause the witnesses to be kept apart and pre-
vented from conversing with one another until they have all been
examined.
6. If, upon the examination of the whole matter, it appear to the
magistrate that no offence has been committed by any person, or
that there is no probable cause to charge the prisoner therewith, he
shall discharge him; but if it appear that an offence has been com-
mitted, ^nd that there is probable cause to believe the person guilty
thereof,, the magistrate shall bind, by recognizance, the prosecutor
and all material witnesses against the prisoner to appear and testify
before the court having cognizance of the offence, on the first day
of the next term thereof, and not depart such court without, leave.
7. If the offence be bailable, and the persons offer suffii-.ient se-
curities, a recognizance shall be taken, with such securities, for his
appearance before the court having cognizance thereof, on the first
day of the next term thereof, and not depart such court without
leave.
8. If the offence be not bailable, or sufficient bail be not offered,
the prisoner shall be committed to jail, there to remain until he be
discharged by due course of law.
9. All examinations and recognizances taken in pursuance of the
provisions of this law shall be certified by the magistrate taking the
same, and delivered to the clerk of the court in which the offence
is cognizable, on or before the first day of the next term thereof,
^except v/here the prisoner is committed to jail. The examination
of the witnesses for or against him, duly certified, shall accompany
the warrant of commitment, and be delivered therewith to the jailor.
10. All criminal offences, except those cognizable before aloaldes
and prefects, shall be preferred by indictment of grand jury.
11. No indictment can be found without the concurrence of at
least twelve grand jurors. When so found, and not otherwise, the
foreman of the grand jury shall certify under his hand that such in-
dictment is a true bill.
218 Ex. Doc. No. 60.
12. Indictments found and presentments mide by a grand jury
shall be presented by their foreman in their presence, and shall be
there filed, and remain as records of such courts.
13. All trials of criminal offences shall be had in the county in.
which they were committed : Provided, Where an offence shall be
committed on the boundary of two counties, or within five hundred
yards of such boundary, or where the person com.mitting the ofJ'ence
shall be. on one side and the injury be done on the other si<le of
such boundary, a trial may be had in either cf such counties :* Pro-
vided, further, That if any mortal wouiid should be givet>, or any
poison shall be* administered, or any means shall be employt'd in
one county by which any human being shall be killed, wlio shall
die thereof in another county, the trial of such offence may be had
in either county : Provided, also, That if any such wound or mor-
tal injury shall have been inflicted in another State on any huuian
being, who shall die thereof in this Territory, a trial of such offence
may be had in the county in which the death happentd.
14. A warrant may be issued for the arrest of the defendant in-
dicted by the court in which such indictment may have been found,
or by the clerk or judge thereof, or by any judge of the superior
court, add by no other officer; such warrant may be directed to and
executed in any county in this Territory.
15. When the indictment is for a bailable offence, the defendant
may be let to bail by the court in which such indictment is pend-
ing, or, if such court be not sitting, by the juuge thereof, or by the
prefect, or any two alcaldes of the county in which the indictment
is pending, and by no other officer.
16. Whenever any person shall be let'to bail, the officer taking
the recognizance shall immediately tile the same with the clerk of
the co^rt in which such offence is cognizable.
17. All indictments shall be tried at the first term at which de-
fendant appisars, unless continued for good cause.
18. The defendant in every indictment for a criminal offence
shall be entitled to a peremptory challenge of jurors, as follows :
First. If the offence charged be punishable with deaih, to the num-
ber of twelve. Second. If punished by fine and imprisonment, or
stripes, to the number of eight. Third. In cases not punishable by
death or stripes, to the number of five, and no more.
19. The prosecutor shall have a peremptory challenge of three
jurors, and no more.
20. A list of the jurors summoned shall be given to the defend-
ant, in all capital cases, forty-eight hours before the trial, and in
all other cases before the jury be sworn, if required.
21. If any person indicted for an offence and committed to prison
shall not be brought to trial before the end of the second term of
the Oil urt which shall be held after the finding ol such imiict tnent,
he shall be entitled to his discharge, unless the delay happt-ned oa
his application.
22. All issues of fact in any criminal case shall be tried by a
jury, who shall assess the punishment in their verdict, and the
court shall render a judgment accordingly, and no trial of any
Ex. Doc. No. 60. 219
criminal offence shall be had unless the accused be personally-
present.
23. In all cases of final judgment rendered upon any indiclmeril,
an appeal to the sunerior court shall be ailowerl, if applied for
duriufi; the .term at which such judgment is rendered.
24. IS'o such appeal shallstay the execution of such judgment,
unless the circuit court shall be of opinion that there is probable
icause for such appeal, or so much doubt as to render it expedient
to take the judgment of the superior court thereon, and shall make
an order expressly directing that such appeal shall operate as a
stay of proceedings.
25. If the defendant in the judgment so ordered to be stayed
shall be in custody, it shall be the duty of the sheriff to keep tiie
defendant in custody, without executing the sentence which may
have bten passed, to abide such judgment as may be rendered upon
the appeal.
26. In all cases where an appeal is prosecuted from a judgment
in a criminal cause, except where the defendant is under sentence
of death or imprisoned for life, the court which is authorized to
order a stay of proceeflings under the preceding provisions, may
admit the defendant to bail upon a recognisance, with sufficient se-
curities, to be approved by such court, conditioned t'lat the de-
fendant shall appear in the superior court, at the next term thereof,
to receive judgment in the appeal, and abide its decision, render
himself in execution, and obey every order and judgment which
may be made in. the premises.
27. The Territory shall be allowed an appeal in criminal cases
only in the casts and under the circumstances mentioned in the
ntxt succeeding section.
28. When any indictment is quashed, or adjudged insufficient on
demurrer, or judgment is arrested, the circuit court may cause the
defendant to be conimitted or recognized to answer another indict-
ment, or an appeal to the superior court shall be granted, if the
prosecuting attorney desire it.
29 If an appeal be granted, the circuit court shall oider the de-
fendant to be committed or recognized, and the commitment or re-
cognizance shall be to thesame effect as when the defendant is him-
self the appellant.
30. Wiien an appeal shall be taken w^hich operates as a stay of
proceedings, it shall be the duty of the clerk of the, circuit court
to muke out a full transcript of the record in the cause, certify and
return the same to the office of the clerk of the superior couit,
without delay.
31. When the appeal does not operate as a stay of proceedings,
such transL!i[)t shall be made out, certified and returned, on the ap-
plication of the appellant.
32. No assignment or error, or joinder in error upon any appeal
in any criminal case, shall be required.
33. When the appeal is taken by the party indicted, if the supe-
rior court affirm the judgment of the circuit court, it shall direct the
sentence pronounced to be executed, and the same shall be executed
220 Ex. Doc. No. 60.
accordingly. If the judgment be reversed the superior court shall
direct a new trial, or that the defendant be absolutely discharged,
accordincj to the circumstances of the case.
34. When the appeal has been taken by the Territory, if the
judgment of the circuit court be affirmed, the party she^ll be dis-
charged; if reversed, the superior court shall direct the circuit
court to enter up judgment upon the verdict rendered, or when no
judgment has been rendered, to proceed to trial on the indictment.
35. The circuit court, to which any criminal cause shall be re-
manded for a new trial, shall proceed thereon in the same manner
as if such cause had not been removed to the superior court.
Register of lands.
Sec. 1. An office called the office of the register of lands is es-
tablished, which shall be kept at the city of Santa Fe.
2. Until otherwise tlirected by law, the duties of said office shal!
be discharged by the secretary of the Territory.
3. The- register shall procure, for the use of his office, large well-
bound books, wherein shall be recorded, in a fair legible hand, all
instruments of writing herein required to be recorded.
4. It shall be the duty of the register of lands to record all pa-
pers and documents of and concerning lands and tenements situated
in this Territory, which were issued by the Spanish or Mexican
government, remaining in the archives of the secretary of the Ter-
ritory, or which were in any of the offices of the department oT
New Mexico under the Mexican government.
5. Every person claiming land in this Territory by virtue of any
Spanish or Mexican grant may deliver to the register of lands a
notice, in writing, stating the nature and extent of his claim; and
shall, also, at the same time, deliver to the register of lands, for
the purpose of being recorded, \h.& grant, order of survey, deed,^
conveyance, or other written evidence of his claims, and the same
shall be recorded by the register, for which the' party shall p y him
twelve and a half cents per hundred words contained in such writ-
ten evidence of the claims.
6. When there is no written evidence of claim, the claimant may
take evidence in writing before some officer having authority to ad-
minister oaths, showing the nciture and extent of his claim, how
much of the land claimed has been actually cultivated and inhabited
by himself, ?nd those under whom he claims, and for what length
of time; and also as to any grant, deed, or conveyance relating to
said land having existed, or any record thereof ever having been
made, and as to the loss or destruction of the same, and how and
when such loss or destruction happened. If any person shall neg-
lect to deliver such evidence and notice of his claim, as presented
in this and the preceding section, within five years from the first
day of next .January, such claim shall be void.
7. The register of lands shall communicate to the governor, or
either house of the general a sembly, such information relative to
his office as may be called for by them respectively; he shall also
Ex. Doc. No. 60. 221
transmit to the Commissioner of the General Land Office, at the
city of Washington, mce a year, beginning on the first day of Jan-
tiary, 1848, a fair abstract of all lands claimed as aforesaid; for
which services he shall, be paid ten cents per hundred words con-
tained in the said abstract, by the United States.
8. The register of lands shall procure, keep, and use a seal of
office, and shall furnish every person desiring it a certified copy of
any record or paper in his office, authenticated by such seal; and
shall receive tor said copy, ten cents for every hundred words con-
tained in it, and one dollar for the certificate and seal, to be paid
by the applicant.
9. Tne register of lands shall faithfully keep all the records,
books, papers, and effects committed to his care; and shall •not
permit any or paper to be taken out of his office, unless
the same be called for by the governor, or the general assembly,
or the constituted authorities of the United States.
10. Nothing contained in the 5th or 6th article of this law shall
be taken to include infants, married women, persons of unsound
mind, nor those without the government of the United States,
while such di^bilities continue.
11. For every wilful neglect of duty or wilful violation of law
in his office, the register of lands may be indicted; and, upon con-
viction, shall be removed from office, and fined not exceeding one
thousand dollars.
Records a7id seals.
Sec. 1. The superior and circuit courts, and the court of the
prefect, shall procure and keep a seal, with such emblem and de-
vices as the court shall deem proper.
2. The impression of the seal of any court by stamp shall be a
sufficient sealing in all cases where sealing shall be required.
3. When no seal is provided, the clerk may use his private seal
for the authentication of any record, process, or proceeding re-
quired by law to be authenticated by the seal of his office.
4. All of said courts shall keep just and faithful records of their
proceedings in Spanish and English.
5. Every alcalde shall keep a docket, in which he shall enter —
First. The titles of all causes commenced before him.
Second. The time when the first process was issued against the
defendant, and ihe particular nature thereof.
Third. The time when the parties appeared before him.
Fourth. Every adjournment, stating at whose request, and at
what time.
Fifth. The time when the trial was had.
Sixth. The verdict of the jury.
Seventh. The judgment rendered by the alcalde, and the time of
rendering the same.
Eighth. The time of issuing an execution, and the name of the
officer to whom delivered.
fftnih. The fact of an appeal being allowed.
222 ♦ Ex. Doc. No. 60.
• Revenue,.
Sec. 1. No person shall, directly or indirectly, sell any spirituous
liquors or wints without a license, as a grocery or dram-shop.
2. No person shall deal as a merchant, without a license first ob-
tained according to law.
3. No person shall deal as a pedlar without a license.
4. No person shall keep, or permit to be used and kept, any bii*
liard table, without a license.
5. No person shall carry on the business of distilling liquor from
■wheat, corn, or any other grain; nor shall, under any pretence, keep
such distillery, or j-uffer or permitany spirituous liquors to be made or
distilled from wheat, corn, or any other grain, on his or Ler account,
or suffer or permit any such liquors to be made or distilled from
"wheat, corn, or any other grain, or any still belonging to him or
lier, or under his or her control, without a license.
6. A dram-shop keeper is a person permitted by law to sell wine
or spirituous liquors in a less quantity than one quart, or to be
drunk at the place of sale.
7. A grocer is a person permittee!', as aforesaid'', to sell goods,
■wares, and merchandise — all kinds of dry goods excepted; and in-
toxicating liquors and wines, in a quantity not less than one quart,
not to be drunk at the' place of sale.
8. A merchant is a person permitted, as aforesaid, to deal in sell-
ing goods, wares and merchandise, at any store, stand, or place
occupied for that purpose.
9. A pedlar is a person permitted, as aforesaid, to deal in the
selling of good.s, wares, and merchandise, other than the growth,
produce, or manufacture of this Territory, by going from place to
place to sell the same.
10. Upon every license to keep a billiard table there shall be
levied a tax, for Territorial purposes, of thirty dollars for each
table, for every period of six months.
11. Upon every license to a grocer or dram-shop keeper there
shall be levied a tax of not less than ten, nor more than fifty dol-
lars, for every period of six months,
12. Upon every license to a merchant, there shall be levied as
follows: where the amount of merchandise received for sale for the
last six months preceding the granting of the license does not <?:-
ceed the sum of one thousand dollars, a tax of fifteen dollars for
every period of six months.
13. Where the amount of merchandise received, as aforesaid, ex-
cet-ds in value one thousand dollars, but is less than three thousand
dollars, the sum of twenty dollars for every period of six months.
14. Where the amount of merchandise received for sale, as afore-i
said, is as much in value as three' thousand dollars, but less than
six thousand dollars, the sum of thirty dollars for every period of
six months.
15. Where the amount of merchandise received for sale, as afore-
said, shall exceed in value six thousand dollars^ a tax of forty dol-
lars for every period of six months.
Ex. Doc. No. 60. 223
16. Before any pferson shall receive a license as a grocer, or as a
ineVchant, he shall deliver to the collector of the proper county an
aggregate statement in writing of the amount of all goods, wares,
and pjerchandise (except such as are'the growth or manufacture of
the Territory) received at his grocery, store, shop, stand, or ware-
house, for sale for the last six months preceding the application for
such license: such statement shall be signed and sworn to by the
person making application for such license, or some credible per-
son for him.
17. There shall be levied on all pedlars' licenses a Territorial
tax of the following rates:
First. If the pedlar travel, and carry his goods on foot, five dol-
lars for every period of six months.
Second. If on one or more horses or beasts of burden, five dol-
lars for every horse or beast of burden for every period of six
months.
T/iird. If in a cart or land carriage, eight dollars for every period
of six months.
18. The several prefects are empowered to lay such sum as may
he necessary annually to defray the expenses of their respective
counties by a tax upoii all property and licenses made taxable by
law for Territorial purposes; but the county tax shall in no case
€xceed the Territorial tax on the same subjects of taxation more
than one hundred per cent, for the same time.
19. There shall be levied on all distillers' licenses twenty-five
dollars for each still he may use, for every period of six months.
20. There shall be levied on all goods, wares and merchandise,
as contained in the statements required to be made by the 16th sec-
tion of this law, an ad valorem tax of one-fourth of one per cent.
21. The clerk of the prefect shall issue as many blank licenses
for billiard tables, dram shops, groceries, merchants, pedlars, and;
distillers, as the prefect may direct. Such clerk shall delivi r try
the collector of his county all licenses so issued, and shall cha;ue
him therewith in a book to be kept for that purpose.
22. Erich collector at each regular term of the court of the pi:t-
feet of his county shall return —
First. All blank licenses not granted by him.
Second. A list of licenses granted by him, and not before ac-
counted lor, showing the names of persons to whom granted, the
amount of taxes collected on each, and the commencement and.
termination of each license so granted by him.
Third. The aggregate statements of the amount of merchandise
sworn to and delivered to him by the person or persons to whom
license was granted.
23. The prefect, at each regular term of his court, shall settle
and adjust the account of collectors for licenses delivered to hira
under the provisions of this law, giving him credit for all b|ank
licenses returned, and charging him for all licenses not returned
according to the aggregate statements required to ht returned by
the t'hird subdivision of the next preceding section.
%i. If the .collector shall fail to return a number of such aggre-
224 Ex. Doc. No. 60.
gate statements corresponding in number with the licenses not re-
turned above the number of such aggregate statements returned^
the prefect shall, for each license not returned, charge hjim in such
settlement the sum of two hundred dollars.
25. The prefect, on ascertaining the amount received by the col-
lector for licenses and taxes, for which he shall become chargea-
ble under this law, shall cause his clerk at each term to certify to
the auditor of public accounts the amount so charged against the
colleetor of his county.
26. No license granted in virtue of this law shall authorize any
person to carry on the business authorized by such license in aay
other county than the one in which the license was granted, nor
at more than one place in the proper county at the same time, nor
for a longer period than six months.
27. At the time of granting a license the sheriff shall collect, in
addition to the sums aforesaid, the sum of fifty cents, as clerk's
fee.
28. Every collector shall receive, as a full compensation for his
services for collecting the revenue, two per centum on all sums so
collected.
29. Every collector of the revenue having made settlement, ac-
cording to law, of county revenue by him collected or received,
shall forthwith pay the amount found due from him into the county
treasury, and the clerk of the prefect shall give him a receipt there-
for under the seal of the court.
30. Every collector shall annually, on or before the first Monday
in December, pay into the Territorial treasury the vvhole amount of
revenue with which he may stand charged, deducting his commis-
sion, and the treasurer shall give duplicate receipts for the amount
paid, one of which shall be deposited with the auditor in five days
after its date.
31. Every collector who shall fail to make payment of the
amount due from him in the time and manner prescribed in the
two preceding sections, shall forfeit two and a half per centum
per month on the amount wrongfully withheld, to be computt'd
from the time the amount ought to have been paid until actual
payment.
32. When any person shall be found keeping a billiard table,
dram shop, grocery, or distillery, or vending goods as a merchant
or pedlar, contrary to the provisions of this law, tvery sheriff, col-
lector, coroner, and constable shall, and every otlrei person may,,
give information thereof to the prefect of the county without delay.
The prefect shall issue his warrant, directed to the sheriff or any
constable of the county, and cause the offender to be arrested and
brought before him, and he shall determine the case in a summary
manner, and assess the punishment, which shall not be more than
five hundred dollars nor less than fifty dollars.
33. Appeals may be taken from all such judgments of the pre-
fects to the circuit court, but no such appeal shall be allowed un-
less it be taken on day of trial.
Ex. Doc No 60 225
Sheriffs.
Sec. 1. The governor shall appoint some suitable person as sher-
iff'in every county in this Territory, who shall hold his office for
two years, and until his successor be appointed and qualified.
2. Every sheriff shall, within fifteen days after he receives such
appointment, give bond to the Territory in a sum not less than one
thousand nor more than fifty thousand dollars, conditioned for the
faithful discharge of his duties, with sureties to be approved by
the circuit judge, which bond shall be filed in the office of the clerk
of the circuit court of the county of which he is sheriff.
3. All process issued by the clerk of the circuit court and by the
clerks of the prefects shall be directed to the sheriffs of their re-
spective counties, who shall execute such process according to law,
and shall attend upon such courts during their sittings.
4. The sheriff shall be conservator of the peace within his coun-
ty; shall suppress assaults and batteries, and apprehend and com-
mit to jail all felons and traitors, and cause all offenders to keep
the peace, and to appear at the next term of the court and answer
such charges as may be preferred against them.
5. If any sheriff shall detain any money collected by him by vir-
tue of his office after the same shall have been demanded, he
shall be removed from his office by the circuit court, on motion
founded on charges exhibited. A notice of the motion and copy
of the charges shall be served on him at least ten days before the
day on which the motion is made.
6. A jury may be summoned to try the truth of the charges, if
they are desired, or the whole may be submitted to the determina-
tion of the court, at the option of the accused.
The sheriff of each county shall be ex officio collector of his
county, and shall, before entering on his duties as such collector,
enter into a bond to the Territory, to be approved by the prefect,
in a sum at least double the amount of the revenue to be collected
by him; conditioned that he will faithfully collect and pay over
all the revenue for the two ensuing years, and that he will faith-
fully perform all the duties of collector according to la\^ ; and shall
render an account to the prefect at his November court, in cash,
and pay over to the county treasurer whatever may be due the
county, and to the Territorial treasurer whatever may be due the
Territory. One month after such settlement and failure to do so,
he may be removed from office in like manner as the sheriff.
Treasury Department.
Sec. 1. The Territorial treasurer and auditor shall keep their
offices at the seat of government; they shall be commissioned by
the governor, anr! shall, before entering on the discharge of their
duties, respectfully execute and deliver to the governor a bond to
the Territory in the sum of at least three thousand dollars to be
approved by the governor, conditioned for the faithful discharge of
all duties required or which may be required of them by law.
15
226 Ex. Doc. No 60
2. The governor shall endorse on the bond his approval thereof,
stating the time of the approval, and deliver the same to the secre-
tary, who shall record the same in his office.
3. The .auditor of public accounts shall audit- adjust, and settle
all claims against the Territory payable out of the treasury; he
shall draw all warrants on the treasury for money; he shall express
in the body of every warrant the particular fund appropriated by
law out of which the same is to be paid; audit, adjust, and settle
the accounts of all collectors of revenue, and other holders of pub-
lic money, who are required by law to pay the s&me into the pub-
lic treasury; keep an account between the Territory and the Ter-
ritorial treasury; report to the general assembly, at the commence-
ment ol each regular session, a full and detailed statement of the
condition of the revenues, a full and detailed estimate of the reve-
nues and expenditures for the two succeeding years, and a tabular
statement, showing separately the whole amount of each appro-
priation of money made by law, the amount paid under the same,
l^ijd the balance unexpended.
4 All collectors of revenue, and others bound by law to pay
money directly in the treasury, shall exhibit their accounts and
vouchers to the auditor on or before the first Monday in December
of each year, to be audited, adjusted, and settled; and every such
officer shall be allowed five cents for every mile they may necessa-
rily travel in going to the seat of government and returning to
their residences, for the purpose of settling with the auditor and
payins; the revenue into the Territorial treasury.
5 The auditor, whenever he may think it necessary to the proper
settlement of any accounts, may examine the parties, witnesses,
and others on oath or affirmation, touching any matter material to
be known in the settlement of such account, and for that purpose
may issue subpoenas, and compel witnesses to attend before him
and give evidence, in the same manner and by the same means as
are allowed to courts of law.
6 The treasurer shall receive and keep all moneys of the Terri-
tory except when otherwise specially provided; disburse the pub-
lic money upon warrants drawn upon the treasury according to
law and not otherwise; keep a just, true, and comprehensive ac-
count of all moneys received and disbursed; render his accounts to
the auditor quarterly, or oftener if required; report to each house
of the general assembly, within ten days after the commencement
of each regular session, a detailed statement of the condition of
the treasury.
7 The treasurer shall grant duplicate receipts, under the seal of
his office for all sums of money wh.ch shall be paid into the treasury,
and the person receiving the same shall deposite one with the au-
ditor who shall credit such person accordingly, and charge the
treasurer.
■ ■% If the auditor or treasurer stiall wilfully neglect or refuse to
perform any duty enjoined by law, or shall be guilty of any op-
pression or extortion in the performance of any legal duty, he shall
forfeit to the Territory any sum not exceeding one thousand dollars,
*g be recovered by indictment.
Ex. Doc. No. 60. 227
9. The prefect of each county shall appoint a treasurer therefor,
and when a vacancy occurs in the office shall fill the same.
10. So soon as he is appointed, the treasurer shall enter into a
bond to the county, in such sum and with such securities, residents
of the county, as shall be approved by the prefect, conditioned for
the faithful performance of the duties of his office.
11. He shall keep a just account of all moneys received and dis-
bursed, and regular abstracts of all warrants drawn on the treasurer
and paid; he shall make duplicate receipts, in favor of the proper
person, for all moneys paid into the treasury, and keep the books,
papers, and money thereto pertaining ready for the inspection of
the prefect at all times.
12. As often and in such manner as may be required by the pre-
fect, he shall furnish an account of the receipts and expenditures of
the county.
13. He shall, at least once in every year, settle his accounts with
the prefect, and at the close of the term for which he was appointed
the prefect shall immediately proceed to ascertain, by actual ex-
amination and count, the amount of balances and funds in the
hands of such treasurer, and to what particular fund it belongs. If
any county treasurer die, his executor or administrator shall imme-
diately settle his accounts as treasurer with the prefect, and de-
liver to his successor in office all things pertaining thereto.
14. All collectors, sheriffs, clerks, constables, and other persons
chargeable with moneys belonging to any county, shall render
their accounts to and settle with the court of the prefect at each
stated term thereof, pay into the county treasury any balance
which may be due the county, take duplicate receipts therefor, and
deposite one of the same with the clerk of the prefect within five
days thereafter.
15. It shall be the duty of the clerk of the prefect to keep reg-
ular accounts between the treasurer and the county, and to keep
just accounts between the county and all persons chargeable with
money payable into the county treasury, or who may be entitled
to receive pay therefrom; to file and preserve in his office all ac-
counts, vouchers, and other papers pertaining to the settlement of
any account to which the county shall be a party; to issue war-
rants on the treasury for all moneys ordered to be paid by the pre-
fect, keep an abstract thereof, present the same to the court of the
prefect at every regular terra thereof, balance and exhibit the ac-
counts kept by him as often as required by the prefect, and keep
his books and papers ready at all times to be inspected by the
prefect.
16. It shall be the duty of all clerks to keep just accounts of all
fines, penalties, forfeitures, and judgments rendered, imposed, or
accruing in favor of any. county, or of the Territory, ready at all
times for the inspection of the judge of their respective courts.
17. It shall be the duty of the circuit court, and the court of
the prefect, at each term thereof, to settle with the sheriffs of the
counties for which such courts are hoklen, for all moneys by them
received, or which they ought to have collected, for the use of
228 Ex. Doc. No. 60.
their respective counties, or the Territory, and have not before ac-
counted for; they shall cause their clerks to make out a list of all
sums chargeable to said sheriffs, payable to the counties or Terri-
tory, specifying on what account, and cause the same to be certi-
fied to the clerk of the prefect, or the auditor of the Territory, as
the case may require.
18. It shall be the duty of each alcalde, at each term of the
court of the prefect, to make out a list of all fines by him imposed,
to the use of the county, stating the name of the officer w^ho has
or ouo-ht to have collected the same; vv^hich he shall certify and
deliver to the clerk of the prefect, who shall charge the same ac-
cordingly.
19. Every sheriff, collector, clerk, constable, or other person,
chargeable with money belonging to any county, who shall fail to
pay the same into the county treasury without delay, shall forfeit
2^ per centum per month on the amount wrongfully withheld, to
be computed from the time the amount ought to have been paid,
until actual payment.
20. No sheriff, collector, constable, clerk, or deputy thereof,
shall be eligible to the office of county treasurer.
21. Each prefect shall have power to audit and adjust and settle
all accounts to which his county shall be a party, to order the pay-
ment out of the county treasury of any sum of money found due
by the county, and to allow the clerk and treasurer of the county,
for their respective services under this law, such compensation as
he may deem just and reasonable.
Water courses^ stock marks. &•€.
Sec. 1. The laws heretofore in force concerning water courses,
stock marks, and brands, horses, enclosures, commons, and arbitra-
tk)ns, shall continue in force; except so much of said laws as re-
quires the ayuntemtntos of the different villages to regulate^these
subjects, which duties and powers are transferred to and enjoined
uptan the alcaldes and prefects of these several counties.
Witnesses.
Sec. 1. In ail cases where witnesses are required in any cause
pending in any court having a clerk, such clerk, and in all other
cases the person holding the court, shall issue a subpcena for such
witnesses, stating the day and place when and where the witnesses
are to appear.
2. Such subpoena shall contain the names of all witnesses for
whom a summons is required by the same party at the same time>
in the same cause, and who reside in the same county, and may be
served in any county in this Territory in the same manner as a cita-
tion or summons for a defendant.
3. A witness summoned in any cause pending in any court, and
failing to attend, may be compelled to appear by writ of attach-
Ex, Doc. No. 60.
ment against his body, which may be served in any county in this
Territory.
Done at the government house, in the city of Santa Fe, in the
Territory of New Mexico, by Brigadier General Stephen W. Kearny,
by virtue of the authority conferred upon him by the government
of the United States,
S. W. KEARNY,
• Brigadier General U. S, A.
September 22, 1846.
Navy Department, December 19, 1846.
Sir: In obedience to the direction with which you transmitted a
copy of the resolution of the House of Representatives of the 15th
instant, requesting the President "to communicate any and all or-
ders or instructions to General Taylor, General Wool, General
Kearny, Captain Sloat, Captain Stockton, or any other officer of
the government, in relation to the establishment or organization of
civil government in any ^portion of the territory of Mexico which
has been or may be taken possession of by the army or navy of the
United States; also, what forms of government such officers, or
either of them, may have established and organized; and whether
the President has approved and recognized said governments," I
have the honor to transmit herewith copies of the despatches from
this department to the commanding officers of the United States
naval forces in the Pacific ocean, and in the Gulf of Mexico, as
enumerated in the subjoined schedule, with copies of communica-
tions from those officers.
These documents contain all the information in the department
on the subject embraced in the resolution of the House.
It will be perceived that the only subject on which the com-
mander of the naval forces in the gulf has been instr^ucted, which
appears to be within the range of the resolution, is the state of the
import and export trade of the ports of which he held temporary
military possession.
The last official despatch received from the specific squadron is
dated on the 28th of August last. At that date the despatches
from the department of the 13th of May had just arrived, and
those of subsequent dates appear not to have been received. The
operations of the squadron were conducted under the order of June
24, 1845, which required the commander of the naval forces to ex-
ercise all the belligerent rights which belonged to him on the
declaration of war or the commencement of hostilities by Mexico
against the United States.
In my despatch of November 5th last, Commodore Stockton was
required to relinquish the conduct of operations on land, and the
control of such measures of .civil government as the military oc-
cupation of the country conquered might devolve on the conqueror,
until a definite treaty of peace should' settle the right of possession
to the officer in command of the land forces of the United States,
230 Ex. Doc. No. 60.
who, in company with the bearer of my despatch, proceeded to the
west coast to assume the eoramand.
There has been no approval or recognition of any organized or
established form of civil government for the Calilornias, or any
other Mexican territory in the occupation of the naval forces,
through this department. The instructions have been confined to
the acknowledged rights, under the laws cf nations, resulting from
conquest and occupation; and the corresponding duties which the
conqueror owed temporarily to the inhabitants have been performed
in a spirit of kindness and conciliation, and in the only particulars
embraced by the instructions from this department, of liberality to
the commercial interests of citizens of the United States and of
neutrals.
It may be supposed that the documents transmitted embrace mat-
ters not within the call. But as the principal purpose of the de-
spatches has been the direction of naval operations against the
enemy, I have found it difficult to make extracts which would be
intelligible. I have, therefore, deemed it most satisfactory to
transmit the entire documents, with two exceptions; and in these
the whole despatch is not sent, because the parts withheld relate to
other subjects, which , the interests of the government would not
permit to be made public.
I have the honor to be, very respectfully, your obedient servant,
J. Y. MASON.
To the President.
SCHEDULE.
L/onnor, JMovember 60, lo4b.
Connor, December 16, 1846.
12. Commodore Sioat to the Secretary of the Navy, July 31,
1846.
13. Commodore Stockton to the Secretary of the Navy, August
28, 1846.
14. Extracts from a despatch of Commodore Connor to the St
retary of the Navy, November 17, 1846.
5ec-
Ex. Doc. No 60. 231
No. 1.
[secret and confidential.]
United States Navy Department,
Washington.^ June 24, 1845.
Sir: Your attention is still particularly directed to the present
aspect of the relations between this country and Mexico. It is the
earnest desire of the President to pursue the policy of peace; and
he is anxious that you, and every part of your squadron, should be
assiduously careful to avoid any act which could be construed as
an act of aggression.
Should Mexico, however, be resolutely bent on hostilities, you
will be mindful to protect the persons and interests of citizens of
the United Slates near your station; and, should you ascertain be-
yond a doubt that the Mexican government has declared war
against us, you will at once employ the force under your command
to the best advantage. The Mexican ports on the Pacific are said
to be open and defenceless. If you ascertain with certainty that
Mexico has declared war against the United States, you will at
once possess youiself of the port of San Francisco, and blockade
or occupy such other ports as your force may permit.
Yet, even if you should find yourself called upon by the certainty
of an express declaration of war against the United States to
occupy San Francisco and other Mexican ports, you will be careful
to preserve, if possible, the most friendly relations with* the inha-
bitants; and, where you can do so, you will encourage them to
adopt a course of neutrality.
Should you fall in wi^h the squadron under Commodore Parker,
you will signify to him the wish of the department that, if the
state of his vessels will admit of it, he should remain off the coast
of Mexico until our relations with that power are more definitively
adjusted; and you will take directions from him, as your senior
officer, communicating to him these instructions.
The great distance of your squadron, and the difficulty of com-
municating with you, are the causes for issuing this order. The
President hopes most earnestly that the peace of the two countries
may not be disturbed. The object of these instructions is to pos-
sess you of the views of the government in the event of a declara-
tion of war on the part of Mexico against the United States — an
event which you are enjoined to do everything consistent with the
national honor, on your part, to avoid.
Should Commodore Parker prefer to return to the United States,
he has permission from the department to do so. In that event,
you will command the united squadron.
Very respectfully, your obedient servant,
GEORGE BANCROFT.
Commodore John D. Sloat,
Commanding United States naval forces in the Pacific.
232 Ex. Doc. No. 60.
No. 2.
[confidential. J
Navy Department, July 11, 1845.
Sir : The unanimous vote of the Texan Congress for annexation
leaves no doubt of the consummation of that measure. When you
ascertain, satisfactorily, that the Texan convention, which assem-
bled on the 4th, has also acceded to annexation, you will regard
Texas as a part of your country — to be defended like any other
part of it. At the same time, every honorable effort is to be made
to preserve peace with all nations. The lestoration of our
boundary on the southwest, by the consent and choice of the
people of Texas, is due to the strong attraction of the principles
of liberty, which endear America to every one of its sons, and is
a tribute before the world to the policy of peace, of political free-
dom, and of union on the principles of freedom. It is the Presi-
dent's desire that this great event should be consummated without
the effusion of blood, and without the exercise of force; be-
lieving that free institutions, in their own right, will achieve all
that can be desired.
To secure this end most effectually, you are charged to commit
no act of aggression ; and, at the same time, you are invested
with the command of a force sufficient to take from others a dis-
position to hostile acts. You have already the
Frigate Potomac, of 44 guns ;
Sloop Falmouth, of 20 guns :
Sloop Saratoga, of 20 guns;
Sloop St. Mary's, of 20 guns;
Brig Somers, of 10 guns ;
Brig Lawrence, of 10 guns.
The Mississippi and Princeton, steamships, the sloop John Adams,
and brig Porpoise, making an additional force of 52 guns, are
under orders to join you without delay. This is, perhaps, the
largest fleet that ever sailed under the American flag ; and while
it is sufficient, in case of war, to win glory for yourself, your as-
sociates, and the country, you will win still higher glory if, by
the judicious management of your force, you contribute to the
continuance of peace.
That you may precisely understand what is meant by the ag-
gression which you are instructed to avoid, I will add, that while
the annexation of Texas extends our boundary to the Del Norte,
the President reserves the vindication of, our boundary, if possible,
to methods of peace. You will, therefore, not employ force to
dislodge Mexican troops from any post east of the Del Norte
which was in the actual possession of the Mexicans at the time of
annexation.
While the action of Mexico is uncertain, you will employ the
force under your command, with a just regard to the health of the
officers and men at this season of the year, in such a manner' as
will be most likely to disincline Mexico to acts of hostility, and
Ex. Doc. No. 60. 233
will keep you fully informed of the movements of that power.
The number of small vessels under your command is such that
you will be able to obtain and to send promptly to the department
any information that may require its action.
Should Mexico declare war, you will at once dislodge her troops
from any post she may have east of the mouth of the Del Norte;
take possession of Tampico ; and, if your force is sufficient^ will
take the castle of San Juan d'Ulloa, it being the determination of
the President to preserve peace, if possible ; and, if war comes,
to recover peace by adopting the most prompt and energetic
aieasures.^
You are, herewith, possessed of the views of the department.
Much is entrusted to your sagacity and good judgment. Keep the
department fully advised of your movements. I invite you, also,
to communicate your views unreservedly.
Very respectfully, your obedient servant,
GEORGE BANCROFT.
Commodore D. Connor,
Commanding U. S. naval forces in the
Gulf of Mexico^ Pensacola.
No. 3.
United States Navy Department,
Washington^ May 13, 1846,
Commodore: The state of things alluded to in my letter of June
24, 1815, 'has occurred. You will therefore now be governed by
the instructions therein contained, and carry into effect the orders
then communicated, with energy and promptitude, and adopt such
other measures for the protection of the persons and interests, the
rights and the commerce of the citizens of the United States, as
your sound judgment may deem to be required.
When you establish a blockade, you will allow neutrals twenty
days to leave the blockaded portsj and you will render your block-
ade absolute, except against armed vessels of neutral nations.
Commending you and your ships' companies to Divine Provi-
dence,
I am, respectfully, your obedient servant,
GEORGE BANCROFT.
Commodore John D. Sloat,
Commanding U. S. Squadron, Pacific.
No. 4.
United States Navy Department,
Washington, May 13, 1846.
Commodore: Congress having declared that a state of war exists
between the United States and the republic of Mexico, you will
234 Ex. Doc. No. 60.
exercise all the rights that belong to you as commander-in-chief of
a belligtrent squadron.
Your own intimate acquaintance with the condition of Mexico,
will instruct you best, what measures to pursue in. the conduct of
hostilities, in addition to those suggested by the department.
You will declare and enforce a blockade of as many of the ports
of Mexico as your force will enable you to do effectually, and you
will "inform the department as speedily as possible of those which
you blockade. You wi'l duly notify neutrals of your declaration,
and give to it all the publicity in your power. It is believed, that
the ports between Guaxacualco and the Del Norte are those to
which your attention should principally be directed. Your block-
ade must be strict 'and absolute, and only public armed vessels
of neutral powers should be permitted to enter the Mexican ports
which you shall place in a state of blockade. To neutrals that are
already in the ports you will allow twenty days to leave them.
In your letter to the department of the I9ih of March, you ask if
the English mail-steamers that touch monthly at Vera Cruz and
Tampico should be included in any blockade which, in the event
of hostilities, may become necessary. You are hereby instructed,
until further orders, to follow the precedent set by the French in
their recent blockade of Vera Cruz, with regard to them.
You will seize all the ships and vessels of war belonging to
Mexico that may be accessible.
If your means will permit you to do so, you will approach Tam-
pico and take, and, if practicable, will hold possession of that
town.
The department does not suppose your forces to be adequate to
attempt the capture of San Juan d'Ulloa.
You will keep up a constant communication with our army on
the Del Norte, and adopt prompt and energetic measures to render
it all assistance that may be in your power.
If any of the Mexican provinces are disposed to hold themselves
aloof from the central government in Mexico, and maintain pacific
relations with the United States, you will encourage them to do
so, and regulate your conduct towards them accordingly.
You are enjoined to maintain a frequent correspondence with
the department.
The steamer "Princeton" has sailed to join your squadron, and
will be of service, especially as a despatch vessel.
The brig "Perry" will sail during the present week for Chagres ;
and, on its return, will join your command.
The brig "Porpoise" will rejoin you on its return from St.
Domingo.
The brig "Truxton" will follow in a few days.
Your force will then consist of the following vessels :
Frigate Cumberland, of 44 guns.
Raritan, 44 guns.
Sloop Falmouth, 20 guns.
John Adams, 20 guns.
Ex. Doc. No. 60. 235
St. Mary's, 20 guns.
Steamer Mississippi, 10 guns.
Princeton, 9 guns.
Brig Porpoise, 10 guns.
Somers, , 10 guns.
Lawrence., 10 guns.
Perry, 10 guns.
Truxton, * 10 guns.
Schooner Flirt.
The country relies on you to make such a use of this force as
will most effectually blockacle the principal Mexican ports, protect
our commerce from the depredations of privateers, assist the opera-
tions of our army, and lead to the earliest adjustment of our diffi-
culties with Mexico.
You will adopt all proper precautions to preserve the health of
your men.
I commend you and your ships' companies to the blessings of
Divine Providence.
Very respectfully,
GEORGE BANCROFT.
Commodore David Connor, ,
Commanding Home Squadron.
No. 5.
United States Navy Department,
Washington^ May 15, 1846.
Commodore: By my letter of the 13th instant, forwarded to you
through different sources, in triplicate, of which a copy is enclosed,
you were informed of the existing state of war between this gov-
ernment and the republic of Mexico, and referred to your instruc-
tions bearing date June 24th, 1845, in reference to such a contin-
gency, and directed to " carry into effect the orders then commu-
nicated, with energy and promptitude, and adopt such other
measures for the protection of the pers.ons and interests, the rights
and the commerce of the citizens of the United States, as your
sound judgment may deem to be required."
I transmit you herewith, by the hands of Midshipman McRae,
whom you will employ on your station, a file of papers containing
the President's message, and the proceedings of Congress relative
to the existing state of war with Mexico. The President, by au-
thority of Congress, has made proclamation of war between the
United States and Mexico. You will find a copy of the proclama-
tion in the papers enclosed.
You will henceforth exercise all the rights that belong to you as
commander-in-chief of a belligerent squadron.
You will consider the most important public object to be to take
and to hold possession of San Francisco, and this you will do
without fail.
236 Ex. Doc. No. 60.
You will also take possession of Mazatlan and of Monterey, one
or both, as your force will permit.
If information received here is correct, you can establish friendly
relations between your squadron and the inhabitants of each of
these three places. «
Enymas is also a good harbor, and is believed to be defenceless.
You will judge about attempting it.
When you cannot take and hold possession of a town, you may
establish a blockade, if you have the means to do it effectually, and
the public interest shall require it.
With the expression of these views, much is left to your discre-
tion as to the selection of the points of attack, the ports you will
seize, the ports which you will blockade, and as to the order of
your successive movements.
A connexion between California, and even Sonora, and the pre-
sent government of Mexico, is supposed scarcely to exist. You
will, as opportunity offers, conciliate the confidence of the people
in California, and also in Sonora, towards the government of the
United States; and you will endeavor to render their relations with
the United States as intimate and as friendly as possible.
It is important that you shculd hold possession at least of San
Francisco, even while you encourage the people to. neutrality, self-
government, and friendship.
You can readily conduct yourself in such a manner as will render
your occupation of San*Francisco, and other ports, a benefit to the
inhabitants.
Commodore Biddle has left, or will soon leave China. If occa-
sion offers, you will send letters for him to our agent at the Sand-
wich Islands, conveying to him the wish of the department that he
should appear, at once, off California or Sonora.
You will inform the department, by the earliest opportunity, of
those ports which you blockade. You will notify neutrals of any
declaration of blockade you may make, and give to it all proper
publicity. Your blockade must be strict, permitting only armed
vessels of neutral powers to enter; but to neutrals already in the
ports you will allow twenty days to leave them.
The frigate "Potomac" ai>d sloop •' Saratoga" have been ordered
to proceed as soon as possible into the Pacific; and Captain Aulick
in the Potomac, and Commander Shubrick in the Saratoga, di-
rected to report to you at Mazatlan, or wherever else they may
find your forces. You would do well, if occasion offers, to send
orders to Callao and Valparaiso, instructing them where to meet
you.
Other reinforcements will be sent you as the exigencies of the
service may require.
You will communicate with the department as often as you can;
and you will, if practicable, send a messenger with despatches
across the country to the Del Norte, and so to Washington.
Very respectfully, your obedient servant,
GEORGE BANCROFT
Commodore John D. Sloat,
Commanding U, S. naval forces in the Pacific.
Ex. Doc. No. 60. 237
No. 6.
United States Navy Department,
Washington^ June 8, 1846.
Commodore: You have already been instructed, and are now in-
structed, to employ the force under your command, first, to take
possession of San Francisco; next, to take possession of Montereyj
next, to take possession of such other Mexican ports as you may
be able to hold; next, to blockade as many of the Mexican ports
in the Pacific as your force will permit; and to watch over Ameri-
can interests and citizens, and commerce, on the west coast of
Mexico.
It is rumored that the province of California is well disposed to
accede to friendly relations with the. United States. You will en-
courage the people of that region to enter into relations of amity
with our country.
In taking possession of their harbors, you will, if possible, en-
deavor to establish the supremacy of the American flag without any
strife with the people of California.
The squadron on the east coast of Mexico, it is believed, is in
the most friendly relations with Yucatan. In like manner, if Cali- *
fornia separates herself from our enemy, the central Mexican gov-
ernment, and establishes a government of its own under the auspices
of the American flag, you will take such measures as will best pro-
mote the attachment of the people of California to the United
States; will advance their prosperity; and will make that vast
region a desirable place of residence for emigrants from our soil.
Considering the great distance at which you a-e placed from the
department, and the circumstances that will constantly arise, much
must be left to your discretion. You will bear in mind generally,
that this country desires to find in California a friend, and not an
enemy; to be connected with it by near ties; to hold possession of
it, at least during the war; and to hold that possession, if possible,
with the consent of its inhabitants.
The sloop-of-war "Dale," Commander McKean, sailed from New
York on the 3d instant, to join your squadron. The "Lexington,"
Lieutenant Bailey, will sail as soon a<! she can take on board her
stores. The "Potomac" and "Saratoga" have also been ordered to
the Pacific.
I am, sir, very respectfully, your obedient servant,
GEORGE BANCROFT.
Commodore John D. Sloat,
Commanding U. S. naval forces in the Pacific ocean.
238 Ex. Doc. No. 60
No. 7.
United States Navy Department,
Washhigtouy July 12, 1846.
Commodore: Previous instructions have informed you of the in-
tention of this government, pending the war with Mexico, to take
and hold possesion of California. For this end a company of
artillery, with cannon, mortars, and munitions of war, is sent to
you in the Lexington, for the purpose of co-operating with you,
according to the best of your judgment, and of occupying, under
your direction, such post or posts as you may deem expedient in
the bay of Monterey, or in the bay of San Francisco, or in both.
In the absence of a military officer higher than captain, the selec-
tion of the first American post or posts on the waters of the Pacific,
in California, is left to your discretion.
The object of the United States is, under its rights as a belliger-
ent nation, to' possess itself entirely of Upper California.
When San Francisco and Monterey are secured, you will, if pos-
sible, send a small vessel of war to take and hold possession of the
port of San Diego; and it would be well to ascertain the views of
the inhabitants of Pueblo de los Angeles, who, according to infor-
mation received here, may be counted upon as desirous of coming
under the jurisdiction of the United States. If you can take pos-
session of it, you should do so.
The object of the United States has reference to ultimate peace
with Mexico; and if, at that peace, the basis of the ufi possidetis
shall be established, the government expects, through your forces,
to be found in actual possession of Upper California.
This will bring with it the necessity of a civil administration.
Such a government should be established under your protection;
and, in selecting persons to hold office, due respect should be had
to the wishes of the people of California, as well as to the actual
possessors of authority in that province. It may be proper to re-
quire an oath of allegiance to the United States from those who
are entrusted with authority. You will also assure the people of
California of the protection of the United States.
In reference to commercial regulations in the ports of which you
are in actual possession, ships and produce . of the United States
should come and go free of duty.
For your further instruction I enclose to you a copy of confiden-
tial instructions from the War Department to Brigadier General
S. W. Kearny, who is ordered, overland, to California. You will
also communicate your instructions to him, and inform him that
they have the sanction of the President.
The government relies on the land and naval forces to co-operate
with each other in the most friendly and effective manner.
After you shall have secured Upper California, if your force is
sufficient, you will t^ke possession, and keep the harbors on the
Gulf of CaUfornia as far down, at bast, as Guayroas. But this is
not to 'nterfere with the permanent occupation of Upper California.
A regiment of volunteers from the State of New York, to serve
Ex. Doc. No. 60. 239
during the war, have been called for by the government, and are
expected to sail from the first to the tenth of August. This regi-
ment vrill, in the first instance, report to the naval commander on
your station, but will ultimately be under the command of General
Kearny, who is appointed to conduct the expedition .by land.
The term of three years having nearly expired since you have
been in command of the Pacific squadron, Commodore Shubrick
will soon be sent out in the Independence to relieve you. The de-
partment confidently hopes that all Upper California will be in our
hands before the relief shall arrive.
Very respectfully,
GEORGE BANCROFT
Commodore John D. Sloat,
Comd' g U. S. naval forces in the Pacific ocean.
No. 8,
United States Navy' Department,
Washington J August 13, 1846.
Sir: The United States being' in a state of war by the action of
Mexico, it is desired, by the prosecution of hostilities, to hasten
the return of peace, and to secure it on advantageous conditions.
For this purpose orders have been given to the squadron in the
Pacific to take and keep possession of Upper California, especially
of the ports of San Francisco, of Monterey, and of San Diego; and
also, if opportunity offer, and the people favor, to take possession,
bj; an inland expedition, of San Pueblo de los Angeles, near San
Diego.
Your first duty will be to ascertain if these orders have been car-
ried into effect. If not, you will take immediate possession of
Upper California, especially of the three ports of San Francisco,
Monterey, and San Diego, so that if the treaty of peace shall be
made on the basis of the uti possidetis, it may leave California to
the United States.
The relations to be maintained with the people of Upper Cali-
fornia are to be as friendly as possible. The flag of the United
States must be raised; but under it the people are to be allowed as
much liberty of self-government as is consistent with the general
occupation of the country by the United States. You, as com-
mander-in-chief of the squadron, may exercise the right to inter-
dict the entrance of any vessel or articles, that would be unfavor-
able to our success in the war, into any of the enemy's ports which
you may occupy. With this exception, all United States vessels
and merchandise must be allowed, by the local authorities of the
ports of which you take possession, to come and go free of duty
but on foreign vessels and goods reasonable duties may be imposed,
collected, and disposed of by the local authorities, under your gen-
eral superintendence.
A military force has been directed by the Secretary of War to
240 Ex. Doc. No. 60.
proceed to the western coast of California for the purpose of co-
operation with the navy, in taking possession of and holding the
ports and positions which have been specified, and for otherwise
operating against Mexico.
A detachment of these troops, consisting of a company of artil-
lery, under command of Captain Tompkins, has sailed in the
United States ship Lexington. A regiment of volunteers, under
Colonel Stevenson, will soon sail from New York; and a body of
troops under Brigadier General Kearny may reach the coast via
Santa Fe. Copies of so much of the instructions to Captain Tomp-
kins and General Kearny as relates to objects requiring co-opera-
tion are herewith enclosed.
By article 6 of the "General Regulations for the Army," edition
of 1825, which is held by the War Department to be still in force,
and of which I enclose you a copy, your commission [that is, the
commission of Commodore Biddle) places you in point of prece-
dence, on occasions of ceremony or upon meetings for consultation,
in the class of major general, but no officer of the army or navy,
whatever may be his rank, can assume any direct command, inde-
pendent of consent, over an officer of the other service, excepting
only when land forces are specially embarked in vessels of war to
do the duty of marines.
The President expects and requires, however, the most cordi*al
and effectual co-operation between the officers of the two services,
in taking possession of and holding the ports and positions of the
enemy, which are designated in the instructions to either or both
branches of the service, and wmH hold any commander of either
branch to a strict responsibility for any failure to preserve harmony
and secure the objects proposed.
The land forces which have been or will be sent to the Pacific
may be dependent upon the vessels of your squadron for transpor-
tation from one point to another, and for shelter and protection in
case of being compelled to abandon positions on the coast. It may
'be necessary also to furnish transportation for their supplies, or to
furnish the supplies themselves, by the vessels under your direc-
tion.
In all such cases you will furnish all the assistance in your power
which will not interfere with objects that, in your opinion, are of
greater importance.
You will, taking care, however, to advise with any land officer of
high rank — say of the rank of brigadier general — who may be at
hand, make the necessary regulations for the ports that may be oc-
cupied.
Having provided for the full possession of Upper California, the
next point of importance is the Gulf of California. From the best
judgment I can form, you should take possession of the port of"
Guayraas. The progress of our arms will probably be such that,iik
conjunction with land forces, you will be able to hold possession^
of Guaymas, and so to reduce all the country north of it on the
gulf.
As to the ports south of it, especially Mazatlan and Acapulco,.
Ex. Doc. No. 60. 241
it is not possible to give you special instructions. Generally, you
will take possession of, or blockade, according to your best judg-
ment, all Mexican ports as far as your means allow; but south oi
Guaymas, if the provinces rise up against the central government,
and manifest friendship towards the United States, you may, ac-
cording to your discretion, enter into a temporary agreement of
neutrality. But this must be done only on condition that our ships
have free access to their ports, and equal commercial rights with
those of other nations; that you are allowed to take in water and
fuel, to purchase supplies, to go to and from shore without obstruc-
tion, as in time of peace; and that the provinces which are thus
neutral shall absolutely abstain from contributing towards the con-
tinuance of the war by the central government of Mexico against
the United States,
Generally, you will exercise the rights of a belligerent; and bear
in mind that the greater advantages you obtain, the more speedy
and the more advantageous will be the peace.
The Savannah, the Warren, and the Levant ought soon to return.
If you hear of peace between the United States and Mexico, you
will at once send them home.
If war continues, you will send them home singly, or in compa-
ny, at the earliest day they can be spared. The Savannah will go
to New York, and the Warren and Levant to Norfolk.
Very respectfully, your obedient servant.
GEORGE BANCROFT.
To Com. James Biddle, or
Com. R. F. Stockton, or
The Senior Officer in command of the
United States naval foxes in the Pacific ocean.
Head-quarters"of the Army,
Washington jf May 31, 1846.
Sir: In arranging with his excellency the governor of Missouri
the force to march against the province of New Mexico, under the
instructions to you from the Adjutant General's office, (two letters,
dated respectively the iSth and 14th instant,) it is desirable that
you should add as many of the valuable men at and about Bent's
fort to that force as practicable, and as may be needed. The gov-
ernor's attention, when here, was invited to that object by both the
Secretary of War and myself.
With a view to these men, and a further accession to the strength
of the expedition under your orders from among American citizens
residing or trading in New Mexico, who may volunteer into the
service of the United States, it is desirable that you take with you
additional supplies, including arms, accoutrements, and ammuni-
tion. .
To hold Santa Fe, and other points you may deem it necessary
to capture and to occupy, it is suggested, if you think the routes
16
«2!42 Ex. Doc. No 60.
practicable, that you take with you some guns beyond and heavier
thnn a field battery.
I am desired to intimate to you, (confidentially,) from the high-
'est in authority, that you will probably soon be followed by an ad-
ditional volunteer force, (say of a ihousand men,) to be raised in
Missouri, arvl to come under your orders. When so reinforced, or
before, if you deem your means adequate, after garrisoning Santa
Fe, and other points you may have captured and desire to occupy,
you will march (say via the most southern practicable route — the
caravan route) to North California; take and occupy some of the
principal points (say Monterey and San Francisco bay) in that
province also; communicating and co-operaling with the com-
mander of the United States naval forces whom you may find at
hand. You will probably receive en route lurther instructions on
those subjects.
It is deemed highly important thai the expedition with which
you are to commence operations should be filled out and pressed
forward with as liitle delay as practicable.
This communication is despatched in triplicate — one copy ad-
dressed to St. Louis, JeiTer>on city, and Fort Leavenworth, each;
and a fourth will be put under cover to his excellency the governor
of Missouri, for his information.
The chief of topographical engineers will despatch for service
with you, very soon, two officers of his cor[)S.
I remain, with great respect your obedient servant,
WIISFIELD SCOTT,
Col. S. W. Kearny,
U. S. army, commanding j ^c, ^c.
A true copy:
H. ]
Aid-de-camp, fyc.
H. L. SCOTT,
[confidential.] War Department,
Washington^ June 3, 1846. \
Sir: I herewith send you a copy of my letter to the governor of
Missouri for an additional force of one thousand mounted men.
The object of thus adding to the force under your command is
not, as you will perceive, fully set forth in that letter, for the rea-
son that it is deemed prudent thrit it should not ai this time become
a matter of public notoriety; but to you it is proper and necessary
that it should be stated.
It has been decided by the President to be of the greatest import-
ance, in the pending war with Mexico, to take the earliest posses-
sion of Upper California. An expedition, with that view, is hereby
ordered, and you are designated lo command it. To enable you to
be in sufficient force to conduct it successfully, this additional force
of a thousand mounted men has been piovided to follow you in
Ex. Doc. No. 60. 243
the direction of Santa Fe, to be under your orders, or the officer
you may leave in command at Santa Fe.
It cannot be determined how far this additional force will be be-
hind that designed for the Santa Fe expedition, but it will not pro-
bably be more than a few weeks. When you arrive at Sdnta Fe
with the force already called, and shall have taken possession of
it, you may find yourself in a condition to garrison it with a small
part of your commandj (as the additional force will soon be at that
place,) and with the remainder press forward to California. In
that case you will make such arrangements as to being followed by
the reinforcement before mrntioned as in your judgment may be
deemed safe ^nd prudent. I need not say to you that in case you
conquer Santa Fe, (and with it will be included the department or
State of New Mexico,) it will be important to provide for retaining
safe possession of it. Should you deem it prudent to have still
more troops for the accomplishment of the objects herein designa-
ted, you will lose no time in communicating your opinion on that
point, and all others connected with the enterprise, to this depart-
ment. Indeed, you are hereby authorized to make a direct requi-
sition for it upon the governor of Missouri.
It is known that a large body of Mormon emigrants are en route
to California, for the purpose of settling in that country. You are
desired to use all proper means to have a good understanding with
them, to the end that the United States may have their co-opera-
tion in taking possession of, and holding that country. It has been
suggested here that many of these Mormons would willingly enter
into the service of the United States, and aid us in our expedition
against California. You are hereby authorized to muster into ser-
vice such as can be induced to volunteer; not, however, to a num-
ber exceeding one-third of your entire force. Should they enter
the service, they will be paid as other volunteers; and you can
allow them to designate, so far as it can be properly done, the per-
sons to act as officers thereof. It is understood that a considerable
number of American citizens are now settled on the Sacramento
river, near Suter^s establishment called " Nueva Helvetia," who
are well disposed towards the United States. Should you, on your
arrival" in the country, find this to be the true state of things there,
you are authorized to organize and receive into the service of the
United States such portion of these citizens as you may think use-
ful to aid you to hold the possession of the country. You will, ia
that case, allow them, so far as you shall judge proper, to select
their own officers. A large discretionary power is invested in you
in regard to these matters, as well as to all others in relation to
thf expeditions confided to your command.
The choice of routes by which you will enter California will be
left to your better knowledge and ampler means of getting accu-
rate information. We are assured that a southern route, called the
Caravan route, (by which the wild horses are brought from that
country into New Mexico,) is practicable; and it is suggested as
not improbable that it can be passed over in the winter months, or
244 Ex. Doc. No. 60.
at least late in autumn. It is hoped that this information may
prove to be correct.
In regard to routes, the practicability of procuring needful sup-
plies for men and animals, and transporting baggage, is a point to
be well considered. Should the President be disappointed in his
cherished hope that you will be able to reach the interior of Upper
California before winter, you are then desired to make the best ar-
rangement you can for sustaining your forces during the winter,
and for an early movement in the spring. Though it is very desi-
rable that the expedition should reach California this season, (and
the President does not doubt you will make every possible effort
to accomplish this object,) yet, if in your judgment it cannot be
undertaken with a reasonable prospect of success, you will defer
it, as above suggested, until spring. You are left unembarrassed
ty any specific directions in this matter.
It is expected that the naval forces of the United States which
are now, or will soon be in the Pacific, will be in possession of all
the towns on the sea coast, and will co-operate with you in the
conquest of California. Arms, ordnance, munitions of war, and
provisions, to be used in that country, will be sent by sea, to our
squadron in the Pacific, for the use of the land forces.
Should you conquer and take possession of New Mexico and
Upper California, or considerable places in either, you will estab-
lish temporary qivil governments therein — abolishing all arbitrary
restrictions that may exist, so far as it may be done with safety.
In performing this duty, it would be wise and prudent to continue
in their employment all such of the existing officers as are known
to be friendly to the United States, and will take the oath of alle-
giance to them. The duties at the custom-houses ought, at once,
to be reduced to such a rate as may be barely sufficient to main-
tain the necessary officers, without yielding any revenue to the gov-
ernment. You may assure the people of those provinces that it is
the wish and design of the United States to provide for them a
free government, with the least possible delay, similar to that which
exists in our territories. They will then be called upon to exercise
the rights of freemen in electing their own representatives to the
Territorial legislature. It is foreseen that what relates to the civil
government will be a difficult and unpleasant part of your duty,
and much must necessarily be left to your own discretion.
In your whole conduct you will act in such a manner as best to
conciliate the inhabitants, and render them friendly to the United
States.
It is desirable that the usual trade between the citizens of the
United States and the Mexican provinces should be continued, as
far as practicable, under the changed condition of things between
the two countries. In consequence of extending your expedition
into California, it may be proper that you should increase your
supply for goods to be distributed as presents to the Indians The
United States superintendent of Indian affairs at St. Louis will aid
you in procuring these goods. You will be furnished with a pro-
clamation in the Spanish lauguage, to be issued by you, and circu-
Ex. Doc. No. 60. 245
lated among the Mexican people on your entering into or approach-
ing their country. You will use your utmost endeavors to have
the pledges and promises, therein contained carried out to the ut-
most extent.
I am directed by the President to say that the rank of brevet
brigadier general will be conferred on you as soon as you commence
your movement towards California, and sent round to you by sea,
or over the country, or to the care of the commandment of our
squadron in the Pacific. In that way cannon, arms, ammunition,
and supplies for the land forces, will be sent to you.
&c., &c., &c.,
Col. S. W. Kearny,
WM. L. MARCY,
Secretary of War.
Fort Leavenworth^ Missouri.
[confidential.] Head-quarters of the Army,
Washington^) June 20, 1846.
Sir: As the commander of a company of the 3d artillery, you
have been ordered to embark with the same on board of the United
States ship the Lexington, now lying in the harbor of New York,
and bound to the northwest coast of America.
I am now to inform you that, with your company, you are des-
tined to act in conjunction with the United States naval forces in
the Pacific against the republic of Mexico, with which we are at
war. The commander of that squadron may desire to capture and
to bold certain important points, as Monterey, and towns or posts
in San Francisco bay. The company under your command may
be needed for both purposes, and you will, on consultation, give
your co-operation.
It is not intended to place you under the orders, strictly speak-
ing, of any naval officer, no matter how high in rank. That would
be illegal, or, at least, without the authority of any law; but you
will be held responsible, when associated in service, whether on
land or water, with any naval officer, without regard to relative
rank, to co-operate in perfect harmony, and with zeal and efficien-
cy. Great confidence is reposed in you, in those respects, as also
in your intelligence, judgment, temper, and prowess. See in this
connexion paragraphs 24, 25, and 26, in the old General Regula-
tions for the Army^ (edition of 1825,) a copy of which book I handed
to you in my office.
Your condition, and that of your company, on board the Lexing-
ton, commanded by Lieutenant of the navy, or other United
States vessel to which you may be transferred, will be that o^ pas-
sengers^ not marines; but in the event of the ship finding herself
in action, you, and the company under your command, will not fail
to show yourselves at least as efficient as any equal number of ma-
rines whatsoever. In such case, again, the utmost harmony, upon
-consultation, would be indispensable; and in no case will you fail,
246 Ex. Dec. No. 60.
so far as it may depend upon your best exertions, to conciliate such
harmony.
On the lahding of the ordnance and ordnance stores belojiging to
the army, placed on board of the Lexington, you will take charge
of the same, unless you should be joined for that purpose by an
ordnance officer, in which case you will give him aid and assist-
ance in that duty.
On effecting a succcessful landing in the enemy's country, it may
be necessary, after consultation with the naval commander, as
above, and with his assistance, to erect and defend one or more
forts, in order to hold the conquered place or places. In such ser-
vice you will be on your proper element.
It is proper that I should add, you may find on the northwest
coast an army officer, with higher rank than your own, when, of
course, you will report to him by letter, and if ashore, come under
his command.
It is known that you have made requisitions for all the proper sup-
plies which may be needed by your company, for a considerable time
after landing. Further supplies, which may not be sent after you
from this side of the continent, you will, when ashore, in the ab-
sence of a naval force, and in the absence of a higher officer of the
army, have to purchase on the other side; but always in strict con-
formity with regulations. On board, it is understood that your
company will be subsisted from the stores of the ship or navy.
Should you not come under the orders of an army officer, or
should you not be landed by the naval commander, as above, you
■vrill remain on board of the squadron, and be sent home on some
ship of the same.
I need scarcely add that, afloat or ashore, you wnll always main-
tain the most exact discipline in your con^pany, for the honor of
the army and country, and never neglect to make, in the absence of
an army superior, to the Adjutant General, the stated reports re-
quired by regulations, besides special reports on all subjects of in-
terest.
WINFIELD SCOTT.
To 1st Lieutenant C. Q. Tompkins,
(now Captain) 3d Artillery.
Head-Quarters of the Army, July 9, 1846.
The foregoing is a true copy.
H. L. SCOTT,
Aid-de-camp^ Sfc^
[Extract from the General Regulations of the Army — edition of 1825.]
"Article 6.
" Relative rank and precedetice of land and sea officers.
''24. The military officers of the land and sea services of the
United States shall rank together as follows : 1st. A lieutenant of
Ex. Doc. No. 60. 247
the navy with captains of the army. 2d. A master qommandant
■with majors. 3d. A captain of the navy, from the date of his com-
mission, with lieutenant colonels. 4th. Five years thereafter, with
colonels. 5th. Ten years thereafter, with brigadier generals ; and,
6th. Fifteen years after the date of his commission, with major
generals. But, should there be created in the navy the rank of rear
admiral, then such rank only shall be considered equal to that of
major general.
*'*25. Nothing in the preceding paragraph shall authorize a land
officer to command any United States vessel or navy yard ; nor any
sea officer to command any part of the army on land ; neither shall
an officer o^ the one service have a right to ricmand any compliment,
on the score of rank, from an officer of the other service.
''26. Land troops, serving on board a United States vessel as
marines, shall be subject to the orders of the sea officer in command
thereof. Other land troops embarked on board such vessels for
transportation merely will be considered, in respect to the naval
commanders, as passengers ; subject, nevertheless, to the internal
regulations of the vessels."
No. 9.
[confidential.]
United States Navy Department,
Washington^ JYovember 5, 1846.
Commodore : Commodore Sloat has arrived in this city, and de-
livered your letter of the 28ih July ultimo, with the copy of your
address to the people of California, which accompanied it. The
department is gratified that you joined the squadron before the state
of the commodore's health rendered it necessary for him to relin-
quish his important command.
The difficulties and embarrassments of the command, without a
knowledge of the proceedings of Congress on the subject of the
war with Mexico, and in the absence of the instructions of the de-
partment which followed those proceedings, are justly appreciated;
and it is highly gratifying that so qauch has been done in anticipa-
tion of the orders which have been transmitted.
You will, without doubt, have received the despatches of the 15th
of May last, addressed to Commodore Sloat, and I now send you,
for your guidance, a copy of instructions to Commodore Shubrick,
of the 17th of August. He sailed early in September, in the rJizee
Independence, with orders to join the squadron with the least pos-
sible delay. On his assuming the command, you may hoist a red
pendant. If you prefer, you may hoist your pendant on the Savan-
nah, and return home with her and the Warren.
The existing war with Mexico has been commenced by her.
Every disposition was felt and manifested by the United States
government to procure redress for the injuries of which we com-
248 Ex. Doc. No. 60.
plained, and to settle all complaints on her part in the spirit of peace
and of justice which has ever characterized our intercourse with
foreign nations. That disposition still exists ; and whenever the
authorities of Mexico shall manifest a willingness to adjust unset-
tled points of controversy between the two republics, and to restore
an honorable peace, they will be met in a corresponding spirit.
This consummation is not to be expected, nor is our national
honor to be maintained, without a vigorous prosecution of the war
on our part. Without being animated by any ambitious spifit of
conquest, our naval and military forces must hold the ports and
territory of the enemy of which possession has been obtained by
their arms. You will, therefore, under no circumstances volun-
tarily lower the flag of the United States, or relinquish the actual
possession of Upper California. Of other points of the Mexican
territory which the forces under your command may occupy, you
will maintain the possession, or withdraw, as in your judgment may
be most advantageous in prosecution of the war.
In regard to your intercourse with the inhabitants of the country,
your views are judicious, and you will conform to the instructions
heretofore given. You will exercise the rights of a belligerent;
and if you find that the liberal policy of our government, in pur-
chasing and paying for required supplies, is misunderstood, and its
exercise is injurious to the public interest, you are at liberty to
take them from the enemy without compensation, or pay such
prices as may be deemed just and reasonable. The best policy in
this respect depends on a knowledge of circumstances in which you
are placed, and is left to your discretion.
The Secretary of War has ordered Colonel R. B. Mason, first
United States dragoons, to proceed to California, via Panama, who
will command the troops and conduct the military operations in the
Mexican^territory bordering on the Pacific, in: the absence of Briga-
dier General Kearny. The commander of the naval forces will
consult and co-operate with him, in his command, to the same ex-
tent as if he held a higher rank in the army. In all questions of
relative rank, he is to be regarded as having only the rank of
colonel.
The President has deemed it best for the public interests to invest
the military oflEicer commanding with the direction of the operations
on land, and with the administrative functions of government oVer
the people and territory occupied by us. You will relinquish to
Colonel Mason, or to General Kearny, if the latter shall arrive be-
fore you have done so, the entire control over these matters, and
turn over to him all papers necessary to the performance of his
duties. If officers of the navy are employed in the performance of
civil or military duties, you will withdraw or continue them at your
discretion, taking care to put them to their appropriate duty in the
squadron if the army officer commanding does not wish their ser-
vices on land.
The establishment of port regulations is a subject over which it is
deemed by the President most appropriate that the naval comman-
der shall exercise jurisdiction. You will establish these and com-
Ex. Doc. No. 60, 249
municate them to the military commander, who will carry them into
effect so far as his co-operatiou may be necessary, suggesting for
your consideration modifications or alterations.
The regulation of the import trade is also confided to you. The
conditions under which vessels of our own citizens and of neutrals
may be admitted into ports of the enemy in your possession will be
prescribed by you, subject to the instructions heretofore given. To
aid you, copies of instructions to the collectors in the United States,
from the Treasury Department, on the same subject, are enclosed.
On cargoes of neutrals imported into such ports, you may impose
moderate duties, not greater in amount than those collected in the
ports of the United States. The collection of these duties will be
made by civil officers, to be appointed, and subject to the same rules
as other persons charged with civil duties in the country. These
appointments will be made by the military officers, on consultation
with you.
The President directs me tc impress most earnestly on the naval
officers, as it is impressed on those of the array, the importance of
harmony in the performance of their delicate duties while co-oper-
ating. They are arms of one body, and will, I doubt not, vie with
each other in showing which can render the most efficient aid to the
other in the execution of common orders, and in sustaining the
national honor, which is confided to both.
You will make your communications to the department as fre-
quent as possible.
The great distance at which your command is placed, and the
impossibility of maintaining a frequent or regular communication
with you, necessarily induce the department to leave much of the
details of your operations to your discretion. The confident belief
is entertained, that, with the general outline given in the instruc-
tions, you will pursue a course which will make the enemy sensible
of our power to inflict on them the evils of war, while it will secure
to the United States, if a definitive treaty of peace shall give us
California, a population impressed with our justice, grateful for
our clemency, and prepared to love our institutions and to honor
our flag.
On your being relieved in the command of the squadron, you will
hand your instructions to the officer relieving you,
I am, very respectfully, your obedient servant,
J, Y. MASON.
Commodore R. F, Stockton,
Commanding United States naval forces
on the west coast of Mexico.
[No. 1.]
Navy Department, August 17, 1848.
Commodore : The United States being in a state of war by the
action of Mexico, it is desired by the prosecution of hostilities to
250 Ex. Doc. No. 60.
hasten the return of peace, and to secure it on advantageous condi-
tions. For this purpose orders have been given to the squadron in
the Pacific to take and keep possession of Upper California, especially
of the ports of San Francisco, of Monterey, and of San D;eg0j and
also, if opportunity offer and the people favor, to take possession^
by an inland expedition, of San Pueblo de los Angeles, near Saa
Diego.
On reaching the Pacific, your first duty will be to ascertain if
these orders have been carried into effect. If not you will take im-
mediate possession of Upper California, especially of the three ports
of San Francisco, Monterey, and San Diego, so that if the treaty of
peace shall be made on the basis of the uti possidetis^ it may leave
California to the United States.
The relations to be maintained with the people of Upper Califor-
nia are to be as friendly as possible. The flag of the United States
must be raised, but under it the people are to be allowed as much
liberty of self-government as is consistent with the general occupa-
tion of the country by the United States. You, as commander-in-
chief of the squadron, may exercise the right to interdict the en-
trance of any vessel or articles that would be unfavorable to our
success in the war into any of the enemy's ports which you may
occupy. With this exception, all United States vessels and mer-
chandise must be allowed, by the local authorities of the ports of
which you take possession, to come and go free of duty; but on
foreign vessels and goods reasonable duties may be imposed, col-
lected, and disposed of by the local authorities, under your general
superintendence.
A military force has been directed by the Secretary of War to
proceed to the western coast of California for the purpose of fo-oper-
ation with the navy, in taking possession of and holding the ports
and positions which have been specified, and for otherwise operat-
ing against Mexico.
A detachment of these troops, consisting of a company of artillery,
under command of Captain Tompkins, has sailed in the United States
ship Lexington. • A regiment of volunteers, under Colonel Steven-
son, will soon sail from New York, and a body of troops under
Brigadier General Kearny may reach the coast over Santa Fe, •
Copies of so much of the instructions to Captain Tompkins and
General Kearny as relates to objects requiring co-operation are
herewith enclosed.
By article six of the General Regulations for the Jirmy^ (edition of
1825,) which is held by the War Department to be still in force, and
of which I enclose you a copy, your commission places you, in point
oi precedence^ on occasions of ceremony or upon meetings for con-
sultation, in the class of major general, but no officer of the army
or navy, whatever may be his rank, can assume any direct com-
mand, independent of consent, over an officer of the other service,
excepting only when land forces are especially embarked in vessels
of war to do the duty of marines.
The President expects and requires, however, the most cordial
and effectual co-operation between the officers of the two services,
in taking possession of and holding the ports and positions of the
Ex. Doc. No. 60. 251
enemy, which are designated in the instructions to either or hoth
branches of the service, and will hold any commander of either
branch to a strict responsibility for any failure to preserve harmony
and secure the objects proposed.
The land forces which have been, or will be sent to the Pacific,
may be dependent upon the vessels of your squadron for transpor-
tation from one point to another, and for shelter and protection in
case of being compelled to abandon positions on the coast. It may
be necessary also to furnish transportation for their supplies, or to
furnish the supplies themselves, by the vessels under your direc-
tion.
! In all such cases you will furnish all the assistance in your power
which will not interfere with objects that, in your opinion, are
of greater importance.
You will, taking care, however, to advise with any land officer
of high rank (say of the rank of brigadier general) who may be at
hand, make the necessary regulations for the ports that may be oc-
cupied.
Having provided for the full possession of Upper California, the
next point of importance is the Gulf of California. From the best
judgment I can form, you should take possession of the port of
Guaymas. The progress of our arms will probably be such, that,
in conjunction with the land forces, you will be able to hold posses-
sion of Guaymas, and so to reduce all the country north of it on
the gulf.
As to the ports south of it, especially Mazatlan and Acapulco, it
is not possible to give you special instructions. Generally, you
•will take possession of, or blockade, according to your best judg-
ment, all Mexican ports, as far as your means allow; but south of
Guaymas, if the provinces rise up against the central government,
and manifest friendship towards the United States, you may, ac-
cording to your discretion, enter into a temporary agreement of
neutrality. But this must be done only on condition that our ships
have free access to their ports, and equal commercial rights with
those of other nations; that you are allowed to take in water and
fuel; to purchase supplies; to go to and from shore without ob-
struction, as in time of peace; and that the provinces, which are
thus neutral, shall absolutely abstain from contributing towards
the continuance of the war by the central government of Mexico
against the United States.
Generally, you will exercise the rights of a belligerent, and bear
in mind that the greater advantages you obtain, the more speedy
and the more advantageous will be the peace.
Should Commodore Biddle be in the Pacific, off the shores of
Mexico, at the time you arrive there, you will report yourself to
him; and as long as he remains off the coast of Mexico, you will
act under his dii-ection in concert with him, communicating to him
.these instructions.
The Savannah, the Warren, and the Levant, ought soon to re-
turn. If you hear of peace between the United States and Mexico^
you will at once send them home.
252 Ex. Doc. No. 60.
If war continues, yon will send them home singly, or in compa-
ny, at the earliest day they can be spared. The Savannah will go
to New York, and the Warren and Levant to Norfolk.
Very respectfully, yours,
GEORGE BANCROFT.
Com. W. B. Shubrick,
Appointed to command the United States naval forces
in the Pacific ocean.
[Enclosures.]
1. Copy of a letter from Major General Scott to Colonel S. W.
Kearny, United States army, dated May .31, 1846.
2. Copy of a letter from the Secretary of War to Colonel S. W.
Kearny, dated June 3, 1846.
3. Copy of a letter from Major General Scott to Lieutenant C. D.
Tompkins, dated June 20, 1846.
4. Copy of extract from article 6 of the General Regulations of the
Army, edition of 1825.
No. 10.
Navy Department, J^ovemher 30, 1846.
Commodore: Your despatches, Nos. 105, 106, 107, 108, 109, 110,
111, 112, 113, 114, and 115, and letters from Commodore Perry of
the 15th, 16th, and 21st November, have been received.
The information communicated has been very satisfactory, espe-
cially that contained in your No. 106, of the 7th October, 1846.
The successful operations in the Tabasco river reflect great
credit on the officers and men charged with its execution. In this
bold incursion so far into the interior, the skill and courage dis-
played, the humane and generous course of conduct observed, and
the sweeping capture or destruction of the enemy's shipping, have
given the liveliest satisfaction to the President and to the depart-
ment.
The success of your expedition against Tampico entitles you and
those under your command to the thanks of the department.
Your course in sending Commodore Perry to New Orleans, and
the measures taken by him and the officers of the army in co-ope-
ration with him, as detailed in his letters, are approved.
Your determination to hold possession of Tampico meets my earn-
est wishes. It is difficult to estimate the important consequences
which will result, directly and indirectly, from its occupation in
the prosecution of the war. The Secretary of war will immediate-
ly issue the necessary orders to furnish an adequate garrison and
the arms to secure it.
Ex. Doc. No. 60. , 253
So soon as the troops shall arrive, you will turn over to the com-
manding officer the place, and, reluming your detachments to their
respective vessels, and manning and arming your prizes, resume
your operations with the naval forces, co-operating with the mili-
tary force as shall be deemed best for the secure possession of Tam-
pico, and harrassing the enemy at other points.
Your movements in this respect are confidently left to your own
discretion.
It will be well to despatch one of the frigates, or other vessels,
to the Brazos, to communicate with the commandilig officer at Point
Isabel, and aid in the transportation of troops to Tampico.
Your charter of the Abrasia was at a favorable rate; but the high"
prices to which the present demand for freights has raised the char-
ter of suitable vessels has made it economical to purchase, for the
use of the squadron, another store-ship to supply water and provi-
sions, and a large w^ell-found vessel to supply the steamers with
coal. The necessary examinations have been made, and Commo-
dore Morris leaves here to-day to make the purchase at Baltimore,
New York, or Boston. They will sail without delay, with provi-
sions and coals; and the arms which you have requested will be
forwarded by the first which shall sail, or sooner if an opportunity
offer.
A rendezvous will be opened at New Orleans without delay, with
orders to ship four or five hundred men, who will be sent forward
to Tampico for duty in the squadron, as the enlistments are made
in numbers justifying the expense.
A list of the officers ordered to report to you is enclosed. There
is a strong desire amongst the officers for service in the gulf, and
the department has withheld orders to many, under the supposition
that the complements were full. The necessity for an increased
number is appreciated ; and further additions will be made, if found
important to the greater efficiency of the for-ces under your com-
mand.
The important duty in regard to commercial intercourse with
Tampico, while in our occupation by military conquest, will be
regulated by the directions given in regard to Matamoras. Copies
of the instructions in regard to the trade of that place are enclosed.
The circumstances in which your command is placed, and the
difficulty of frequent communication with you, make it proper that
you should have authority, in your discretion, to send any of the
vessels north which you may think it important to detach, either
from the condition of the crew or the vessel. That authority is
given ; but you will take care not to weaken your squadron by the
exercise of this authority without advising the department, so that
the deficiency may be supplied with as little delay as possible.
I have taken measures to provide some light field-pieces, with
carriages, for operations on shore. They will be sent to the
squadron as soon as they are ready.
Congratulating you on the important results achieved, under the
254 Ex. Doc. No. 60.
disadvantages which have surrounded you, I am, very respectfully,
vour obedient servant,
^ J. Y. MASON.
Commodore David Connor,
Commanding U. S. naval forces
in the Gulf of Mexico.
List of officers ordered for duty, in the home squadron, since the
ISth Jfovemher, 1846.
Lieutenant Thomas T. Hunter, to rejoin the steamer Princeton.
Lieutenant W. May, ordered to the steamer Mississippi.
Lieutenant William P. Griffin, ordered to Pensacola for duty in
the home squadron.
Lieutenant H. S. Stellwagen, ordered to Pensacola for duty in
the home squadron.
Lieutenant Charles C. Barton, ordered to Pensacola for duty in
the home squadron.
Lieutenant A. S. Baldwin, ordered to Pensacola for duty in the
home squadron
Lieutencints William Green and D. D. Porter, ordered to recruit
men at New Orleans, and, when they shall obtain 400 men, to re-
port for duty in the home squadron.
Midshipman E. Charles Genet, to Pensacola, for duty in the
home squadron.
Lieutenant Charles W. Chauncey, to command store-ship, to be
sent to the gulf squadron.
Navy Department, J^ovemher 30, 1846.
Circular to collectors and other officers of the customs.
Treasury Department,
June 11, 1846.
It is deemed important in the present juncture of affairs, growing
out of the existing state of war between the United States and
Mexico, to furnish the officers of the customs with proper directions
for their government. The department has accortiingly prepared
the following instructions, to which their especial attention is
called, and a strict conformity thereto enjoine.l.
By the law of nations, as recognized by repeated decisions of our
junicial tribunals, the existence of a state of war interdicts all trade
or commerce between the citizens of the two nations engaged in the
war. It consequently follows that neither vessels nor merchandise
of any description can be allowed to proceed from ports or places
in the United States to ports or places in the territories of Mexico,
with the exception of such ports or places in the latter country as
may be at the lime in the actual possession of the United States
forces.
Ex. Doc. No. 60. 255
The interdiction referred to applies equally to neutral vessels and
their cargoes, proceeding directly from any of our ports o ports or
places in the territories of Mexico. In all such cases, th refore, it
becomes your duty, and you are accordingly directed rn rf-fuse
clearances to all vessels and their cargoes departing from our ports
to ports or places in the country mentioned, with the exception
before stated.
The 26th article of the freaty concluded between the United
St<ites of America and the united Mexican States, bearing date the
5th of April, 1831, contains the following stipulations, which are
in full force and binding on the contracting parties, and are to be
strictly observed and respected by the United States and their
officers, to wit :
" For the greater security of the intercourse between the citizens
of the United States of America and of the united Mexican States,
it is agreed now for then, that if there should be at any time here-
after an interiuption of the friendly relations which now exist, or a
war unhappily break out between the two contracting parties, there
shall be allowed the term of six months to the merchants residing
on the coast, and one year to those residing in the interior of the
States and Territories of each other respectively, to arrange their
business!, dispose of their eflfects, or transport them wheresoever
they may please, giving them a safe conduct to. protect them to the
port they may designate. Those citizens who may "be established
in the States and Territories aforesaid, exercising any other occupa-
tion or trade, shall be permitted to remain in the uninterrupted en-
joyment of their liberty and property, so long as they conduct them-
selves peaceably and do not commit any offence against the laws;
and their goods and effects, of whatever class and condition they
may be, shall not be subject to any embargo or sequestration what-
ever, nor to any charge nor tax other than may be established upon
similar goods and effects belonging to the citizens of the State in
which they reside respectively ; nor shall the debts between indi-
viduals, nor moneys in the public funds, or in public or private
banks, nor shares in companies, be confiscated, embargoed or de-
tained."
It is to be specially noted, that the privileges mentioned in the
article of the tr-eaty quoted apply exclusively to citizen merchants
actually residing in the countries, respectively, at the breaking out
of the war. Hence the removal from this country of any property
or effects belonging to merchants not residing therein is not au-
thorized by the treaty^and is consequently^ prohibited by the rules
of international law.
It is deemed proper to call the attention of the respective officers
of the customs to any private arming and equipment of vessels that
may take place in their ports, with a view to ascertain, as far as
may be practicable, the true object and destination of all such
vessels, in order that due measures may be taken to frustrate any
design or attempt to afford aid or assistance of any kind to the
enemy.
Should any case arise occasioning doubt in your mind as to the
256 Ex. Doc. Na. 60.
proper course to be pursued, you will advise with the United States
district attorney, and, if found necessary, will cubmit the matter
to the department for instructions.
The latest intelligence received at the department leads to^the
conclusion that the State of Yucatan would at least remain neutral
during the present war, and probably assume the attitude of a
separate and independent sovereignty, desiring to maintain the
most friendly relations with the ^United States. That being the
case, the ports of Yucatan would not be subject to the interdiction
of commerce applicable to Mexico generally.
R. J. WALKER,
Secretary of the Treasury.
Circular to collectors and other officers of the customs.
Treasury Department,
Ju7ie 30, 1846.
The circular of this department of the 11th instant contained the
following paragraph:
" By the law of nations, as recognised by repeated decisions of
our judicial tribunals, the existence of a state of war interdicts all
trade or commerce between the citizens of the two nations engaged
in the war. It consequently follows, that neither vessels nor mer-
chandise of any description can be allowed to proceed from ports
or places in the United States to ports or places in the territories
of Mexico, with the exception of such ports or places in the latter
country as may be at the time in the actual possession of the
United States forces."
Matamoras is now in the actual possession of the forces of the
United States, and perhaps other ports and places on the same side
of the Rio Grande.
In case of the application of vessels for clearances for the port
of Matamoras, you will issue them under the following circum-
stances:
1st. To American vessels only.
2d. To such vessels carrying only articles of the growth, pro-
duce or manufacture of the United States, or of imports from for-
eign countries to our own, upon which the duties have been fully
paid- and upon all such goods, whether of our own or of foreign
countries, no duties will be chargeable at the'port of Matamoras so
long as it is in the possession of the forces of the United States.
In issuing this order, it is not intended to interfere with the au-
thority of General Taylor to exclude such articles, including spirit-
uous liquors or contraband of war, the introduction of which he
may consider injurious to our military operations in Mexico.
Foreic^n imports which may be re-exported in our vessels to
Matamoras will not be entitled to any drawback of duty; for, if
this were permitte.l, they would be carried from that port into the
United States, and thus evade the payment of all duties.
Ex. Doc. No. 60. 257
Whenever any -other port or place upon the Mexican side of the
Rio Grande shall have passed into the actual possession of the
forces of the United States, such ports and places will be subject
to all the above instructions which are applicable to the port of
Matamoras.
R. J. WALKER,
Secretary of the^ Treasury.
Circular to collectors and other officers of the customs.
Treasury Department,
October 23, 1846.
In consequence of the intelligence received at the department, it
becomes expedient and proper to rescind the privilege granted to
the ports of Yucatan in my circular instructions of the 11th of
June, 1846, and to subject said ports to the interdictions of com-
merce applicable to the ports of Mexico generally, as enjoined by
said instructions. You are accordingly directed to refuse clear-
ances to all vessels and their cargoes departing from our ports to
ports or places in Yucatan.
R. J. WALKER,
Secretary of the Treasury.
No. 11.
Navy Department,
December 16, 1846.
Commodore: Your despatch dated t.t Tampico, November 17th
ultimo, is received.
It seems proper, to meet your wishes, that I instruct you more
fully on the subject of the import and export trade of that port.
In my letter of the 30th November ultimo, I informed you that
your duty in regard to commercial intercourse with Tampico,
while in our occupation by military conquest, will be regulated by
the directions given in regard to Matamoras. Copies of the in-
structions of the Treasury Department on that subject were en-
closed.
You will perceive that the privilege of entry is confined —
1. To American vessels only.
2. To such vessels carrying only articles of the growth, produce,
or manufacture of the United States, or of imports from foreign
countries to our own, upon which the duties have been fully paid
in a collection district of the United States, with proper clearances
from the officers of the customs of the United States; and upon all
such goods, whether of our own or of foreign countries, no duties
will be chargeable at the port of Tampico so long as it is in the
possession of the United States.'
17
258 Ex, Doc. No. 60.
Beyond this it is not deemed proper, by »the President, that
vessels or cargoes of other nations shall be admitted.
But, in the spirit of accommodation to neutral commerce, the
Secretary of the Treasury will, without delay, authorize clearances
for Tarapico of foreign cargoes in American bottoms to be
granted at our custom-houses on payment of duties, and without
unlading.
In regard to the export trade, vessels thus admitted to entry
at Tampico may take out return cargoes of the property of
citizens of the United States, or neutrals, without payment of any
export duty; and the British steamer or national vessels of war
may, without obstruction, be permitted to export specie, the pro-
perty of neutrals. Such export should rather be encouraged,
because it promotes the interests of general commerce, and with-
draws from Mexico means which might be seized on to aid our
enemy in prosecution of the war.
You will, if you are still in military command at Tampico, make
the substance of this despatch publicly known as the regulation of
the trade of the place while in the military occupation of the
United States. If you shall have turned over the command to the
army officer commanding, you will furnish him with a copy of this
despatch. The honorable Secretary of War will immediately com-
municate with him.
Very respectfully, your obedient servant.
J. Y. MASON.
Com. David Connor,
Comm^ng U, S, naval forces, Gulf of Mexico.
No. 12.
Flag Ship Levant,
M sea, July 31, 1846.
Sir; I have the honor to report that on the 7th June I received,
at Mazatlan, information that the Mexican troops, six or seven
thousand strong, had, by order of the Mexican government, invaded
the territory of the United States north of the Rio Grande, and
had attacked the forces under General Taylor, and that the squad-
ron of the United States were blockading the coast of Mexico on
the gulf.
These hostilities I considered would justify my commencing
offensive operations on the west coast; I therefore sailed on the
8th, in the Savannah, for the coast of California, to carry out the
orders of the department of the 24th June, 1845, leaving the War-
ren at Mazatlan, to bring me any despatches or important informa-
tion that might reach there. I arrived at Monterey on the 2d of
July, where I found the Cyane and Levant, and learned that the
Portsmouth was at Sa'n Francisco, to which places they had been
previously ordered to await further instructions.
On the morning of the 7th, having previously examined the
Ex. Doc. No. 60. 259
defences and localities of the town, I sent Captain Mervine with
the accompanying summons (A) to the military commandant of
Monterey, requiring him to surrender the place forthwith to the
forces of the United States under my command. At 9h. 30m. a.
m., I received his reply, (B) stating he was not authorized to sur-
render the place, and referred me to the commanding general of
California, Don Jose Castro.
Every arrangement having been made the day previous, the
necessary force (about 250 seamen and marines) was immediately
embarked in the boats of the squadron, and landed at 10 o'clock,
under cover of the guns of the ships, with great promptitude and
good order, under the immediate command of Captain Wm. Mer-
vine, assisted by Commander H. N. Page, as second.
The forces were immediately formed and marchetl to the custom-
house, where my proclamation to the inhabitants of California (C)
was read, the standard of the United States hoisted, amid three
hearty cheers of thi' troops and foreigners present, and a salute of
21 guns fired by all the ships. Immediately afterwards, the proc-
lamation, both in English and Spanish, was posted up about the
town, and two justices of the peace appointed to preserve order
and punish delinquencies, the alcades declining to serve.
Previous to landing, the accompanying " General Order" (D)
was read to the crews of all the ships, and I am most happy to
state that I feel confident that the inhabitants of Monterey, and all
other places where our forces have appeared, will do them and
myself the justice to say that not the least depredation or slightest
insult or irregularity has been committed, from the moment of our
landing until my departure.
Immediately after taking possession of Monterey, I despatched
a courier to General Castro, the military commandant of California,
with i letter (E) and a copy of my proclamation, to which I
received a reply, (F.) On the 9th, I despatched a letter, (G.) by
courier, to Seiior Don Pio Pico, the governor, at Santa Barbara.
On the 16th of July I despatched orders, by sea, to Commander
Montgomery, to take immediate possession of the bay of San Fran-
cisco, &c. ; and, on the 7th, a duplicate of that order, by landj
which he received on the evening of the 8th; and at 7 a. m., of
the 9th, he hoisted the flag at San Francisco, read and posted up
my proclamation, and took possession of that part of the country
in the name of the United States.
« «: * * # # * *
On the 23d, my health being such as to prevent ray attending to
so much, and such laborious duties, I directed Commodore Stock-
ton to assume the command of the forces and operations on shore;
and, on the 29th, having determined to return to the United States
via Panama, I hoisted my broad pendant on board the Levant and
sailed for Mazatlan and Panama, leaving the remainder of the
squadron under his command, believing that no further opposition
would be made to our taking possession of the whole of the Cali-
fornias, (as General Castro had less than one hundred men,) and
that I could render much more important service by returning to
260 ^ Ex. Doc. No. 60.
the United States with the least possible delay, to explain to the
government the situation and wants of that country, than I could
by remaining in command in my infirm state of health.
Hoping the course I have pursued will meet the approbation of
the department, I have the honor to be, most respectfully, your
obedient servant, &c.,
JOHN D. SLOAT.
Hon. George Bancroft,
Secretary of the JVauy, Washington^ D. C.
United States Ship Savannah,
Monterey^ July 7, 1846.
Sir : The central government of Mexico, having commenced
hostilities against the United States of America, the two nations
are now actually at war. In consequence, I call upon you, in the
name of the United States of America, to surrender forthwith to
the arms of that nation, under my command, the forts, military
post?, and stations under your command, together with all
troops, arms, munitions of war, aad public property of every
description under your control and jurisdiction in California.
The immediate compliance with this summons will probably
prevent the sacrifice of human life and the horrors of war, which I
most anxiously desire to avoid.
JOHN D. SLOAT,
Commander-in-chief of the United States
naval forces in the Pacific ocean.
To the Military Commandant
of Monterey.
B.
[Translation.]
MILITARY COxMMANDANCY OF MONTEREY.
The undersigned, captain of artillery in the Mexican army and
military commandant of this post, represents to the Senior commo-
dore of the naval forces of the United States in this bay that he is
not authorized to surrender the place, having no orders to that
effect; for the said matter may be arranged by the Senoj commo-
dore with the commandant general, to whom I transmitted the
communication delivered to me for the said Seilor, the undersigned
withdrawing and leaving the town peaceful and without a soldier;
Ex. Doc. No. 60, 261
nor, according to information from the treasurer, is there any pub-
blic property or munitions.
With which the note of the Senor commodore is answered, and
tendering him my respects.
MARIANO SILVA.
God and liberty ! Monterey, June [July] 7th, 1846.
Senor Commodore
of the naval forces of the U. 5., in this bay.
To the inhabitants of California :
The central government of Mexico having commenced hostilities
against the United States of America, by invading its territory
and attacking the troops of the United States stationed on the
north side of the Rio Grande, and with a force of seven thousand
men under the command of General Arista, which army was totally
destroyed, and all their artillery, baggage, &c., captured- on the
8th and 9th of May last, by a force of two thousand three hundred
men under the command of General Taylor, and the city of Mata-
moras taken and occupied by the forces of the United States, and
the two nations being actually at war by this transaction, I shall
hoist the standard of the United States at Monterey immediately,
and shall carry it throughout California,
I declare to the inhabitants of California that, although I come
in arms with a powerful force, I do not come among them as an
enemy to California : on the contrary, I come as their best friend,
as henceforward California will be a portion of the United States,
and its peaceful inhabitants will enjoy the same rights and privi-
leges they now enjoy, together with the privilege of choosing their
own magistrates and other officers, for the administration of justice
among themselves, and the same protection will be extended to
them as to any other State in the Union. They will also enjoy a
permanent government, under which life, property, and the con-
stitutional right and lawful security to worship the Creator in the
way most congenial to each one's sense of duty, will be secured,
which, unfortunately, the central government of Mexico cannot
afford them, destroyed as her resources are by internal factions
and corrupt officers, who create constant revolutions to promote
their own interests and oppress the people. Under the flag of the
United States, California will be free from all such troubles and
expense; consequently, the country will rapidly advance and im-
prove both in agriculture and commerce, as, of course, the revenue
laws will be the same in California as in all other parts of the
United States, affording them all manufactures and produce of the
United States free of any duty, and all foreign goods at one-
<juarter of the duty they now pay. A great increase in the value
of real estate and the products of California may also be anticipated.
262 Ex. Doc. No. 60.
With the great interest and kind feelings I know the government
and people of the United States possess tcM'ards Uie citizens of
California, the country cannot but improve more rapidly than any
other on the continent of America.
Such of the inhabitants of California, whether native or foreign-
ers, as may not be disposed to accept the high privileges of citizen-
ship, and to live peaceably under the government of the United
States, will be allowed time to dispose of their property, and to
remove out of the country, if they choose, without any resiriction ;
or remain in it, observing strict neutrality.
With full confidence in the honor and integrity of the inhabi-
tants of the country, I invite the judges, alcaldes, and other civil
officers, to retain their offices, and to execute their functions as
heretofore, that the public tranquility may not be disturbed; at
least, until the government of the Territory can be more definitely
arranged.
All persons holding titles to real estate, or in quiet possession of
lands under a color of right, shall have those titles and rights
guarantied to them.
All churches, and the property they contain, in possession of the
clergy of California, shall continue in the same rights and posses-
sions they now enjoy.
All provisions and supplies of every kind, furnished by the in-
habitanis for the use of the United States ships and soldiers, will be
paid for at fair rates; and no private property will be taken for
public use without just compensation at the moment.
JOHN D. SLOAT,
Commander-in-chief of the United States
' naval forces in the Pacific ocean.
D.
GENERAL ORDER.
Flag Ship Savannah, July 7, 1846.
We are about to land on the Territory of Mexico, with whom
the United States are at war. To strike her flag, and to hoist our
own in the place of it, is our duty.
It is not only our duty to take California, but to preserve it
afterwards as a part of the United States, at all hazards. To ac-
complish this, it is of the first importance to cultivate the good
opinion of the inhabitants, whom we must reconcile.
I scarcely consider it necessary for me to caution American sea-
men and marines against the detestable crime of plundering and
maltreating unoffending inhabitants.
That no one may misunderstand- his duty, the following regula-
tions must be strictly adhered to, as no violation can hope to es-
cape the severest punishment:
Ex. Doc. No. 60. 263
1st. On landing, no man is to leave the shore until the command-
ing officer gives the order to march.
2d. No gun is to be fired, or other act of hostility committed,
without express orders from the officer commanding the party.
3d. The officers and boat keepers will keep their respective boats
as close to the shore as they will safely float, ta'<ing care they do
not lay aground, and remain in them, prepared to defend themselves
against attack, and attentively watch for signals from the ships, as
well as from the party on shore.
4th. No man is to quit the ranks or to enter any house for any
pretext whatever, without express orders from an officer. Let
every man avoid insult or offence to any unoffending inhabitant,
and especially avoid that eternal disgrace which would be attached
to our names and our country's name by indignity offered to a
single female, even let her standing be however low it may.
5th. Plunder of every kind is strictly forbidden. Not only does
the plundering of the smallest article from a prize forfeit all claim
to prize money, but the offender must expect to be severely pun-
ished.
6th. Finally, let me entreat you, one and all, not to tarnish our
hope of bright success by any act that we shall be ashamed toac-
knowledge before God and our country.
JOHN D. SLOAT,
Commander-in-chief of the U. S. naval forces
in the Pacific ocean.
E.
United States Ship Savannah,
Monterey, July 7, 1846.
Sir: The central government of Mexico having commenced hos-
tilities against the United States of America, the two nations are
now actually at war. In consequence, I call upon you, in the
name of the United States of America, to surrender forthwith to
the arms of that nation under my command, together with all
troops, arms, munitions of war, and public property of every de-
scription under your control and jurisdiction in California.
The immediate compliance with this summons will probably pre-
vent the sacrifice of human life and the horrors of war, which I
most anxiously desire to avoid.
I hereby invite you to meet me immediately in Monterey, to
enter into aiticles of capitulation, that yourself, officers, and
soldiers, with the inhabitants of California, may receive assurances
of perfect safety to themselves and property.
JOHN D. SLOAT,
Commander-in-chief of the U. S. naval forces
in the Pacific ocean,
Senor Don Jose Castro,
Commandant General, California.
264 Ex. Doc. No. 60.
F.
[Translation.] i
COMMANDANCY GENERAL OF THE DEPARTMENT OF CALIFORNIA.
The undersigned, commandant general of Upper California, has
the honor to represent to the Senor commander-in-chief of the
naval forces of the United States in the Pacific ocean, now in Mon-
terey, that a band of adventurers, headed by Mr. J. C. Fremont, a
captain in the army of the United States, forcibly took possession
of the post of Sonoma, hoisting an unknown flag, making prisoners
of the chiefs and officers who were there, and committing assassi-
nations and every kind of injury to the lives and property of the
inhabitants there. The undersigned is ignorant to what govern-
ment belong the invaders of that part of the department, and a
party of them who are in the neighborhood of Santa Clara; and as
he cannot believe that they belong to the forces commanded by the
said Senor Commodore, he wi:l be obliged to him if he will be
pleased to make him an explanation on this subject, in order that
he may act in conformity with his reply, for neither the under-
signed, nor a single citizen of the country, will permit excesses of
any kind to be committed by these bands.
God and Liberty !
JOSE CASTRO.
To the Senor Commander-in-chief
of the. naval forces of the United States
in the Pacific ocean ^ in Monterey.
Head-quarters, San Juan de Bavtista,
July 9, 1846.
G.
Flag Ship Savannah,
Bay of Mo?iterey, July 9, 1846.
I have the honor to enclose, herewith, to your excellency, co-
pies of my summons to General Castro to surrender the country,
&c., under his jurisdiction, to the United States forces under my
command, together with a copy of my proclamation to the inhab-
itants of California, and the general order issued to the forces un-
der my command just previous to my landing; and I assure your
excellency that not the least impropriety has been committed, and
that the business and social intercourse of the town have not been
disturbed in the slightest degree.
I beg your excellency to feel assured that although I come in
arms with a powerful force, I come as the best friend of California;
and I invite your excellency to meet me at Monterey, that I may
satisfy you and the people of California of the fact.
I pledge the word and honor of an American officer that your ex-
Ex. Doc; No. 60. 265
cellency will be received ^ith all the respect due to your distin-
guished situation; and that you can depart at any moment you may
think proper, and feel every confidence that an American officer
expects when his word of honor is pledged.
I have already employed all the means in my power to stop the
sacrifice of human life by the party in the north, and trust I shall
succeed, provided there is no further opposition.
I tender your excellency my cordial respect and high considera-
tion.
JOHN D. SLOAT,
Commander-in-chief of the United States naval forces
in the Pacific ocean^ and of the Territory of California,
To his Excellency Sr. Don Pio Pico,
Angeles.
No. 13.
ClUDAD DE LOS AngELES,
August 28, 1846.
Sir: You have already been informed of my having, on the 23d
of July, assumed the command of the United States forces on the
west coast of Mexico. I. have now the honor to inform you that
the flag of the United States is flying from every commanding posi-
tion in the Territory of California, and that this rich and beautiful
country belongs to the United States, and is forever free from Mex-
ican dominion.
On the day after I took this command, I organized the " Califor-
nia battalion of mounted riflemen" by the appointment of all the
necessary officers, and received them as volunteers into the service
of the United States. Captain Fremont was appointed major, and
Lieutenant Gillespie captain, of the battalion.
The next day they were embarked on board the sleop-of-war
Cyane, Commander Dupont, and sailed from Monterey for San Di-
ego, that they might be landed to the southward of the Mexican
forces, amounting to 500 men, under General Castro and Governor
Pico, and who were well fortified at the " Camp of the Mesa,"
three miles from this city.
A few days after the Cyane left, I sailed in the Congress for San
Pedro, the port of entry for this department, and thirty miles from
this place, where I landed with my gallant sailor army, and marched
directly for the redoubtable "Camp of the Mesa."
But when we arrived within twelve miles of the camp, General
Castro broke ground and run for the city of Mexico. The governor
of the territory, and the other principal officers, separated in dif-
ferent parties, and ran away in different directions.
Unfortunately, the mounted riflemen did not get up in time to
head them off. We "have since, however, taken most of the princi-
pal officers; the rest will be permitted to remain quiet at home,
under the restrictions contained in my proclamation of the 17th.
266 Ex. Doc. No. 60]
On the 13th of Augnst, having been joifled by Major Fremont
with about eighty riflemen, and Mr, Larkin, late American consul,
we entered this famous " City of the Angels," the capital of the
CaliforniaSj and took unmolested possession of the government
house.
Thus, in less than a month after I assumed the command of the
United States force in California, we have chased the Mexican
army more than three hundred miles along the coasi; pursued them
thirty miles in the interior of their own country; routed and dis-
persed them, and secured the Territory to the United States; ended
the war; restored peace and harmony among the people; and put
a civil government into successful operation.
The Warren and Cyane sailed, a few days since, to blockade the
west coast of Mexico, south of San Diego; and having almost finished
my work here, I will sail in the Congress as soon as the store-ship
arrives, and I can get supplied with provisions, on a cruise for the
protection of our commerce; and dispose of the other vessels as
most effectually to attain that object, and, at the same time, to keep
the southern coast strictly blockaded.
When I leave the Territory, I will appoint Major Fremont to be
governor, and Lieutenant Gillespie to be secretary.
I enclose you several papers, marked from 1 to 14 inclusive., in-
including this letter and the first number of the " Californian," by
which you will see what sort of a government I have established,
and how I am proceeding.
I have not time to specify individual merit; but I cannot omit
to say that I do not think that ardent patriotism and indomitable
courage have ever been more evident than amongst the officers
and men, 360 in number, from the frigate Congress, who accom-
panied me on this trying and hazardous march — a longer march,
perhaps, than has ever been made in the interior of a country by
sailors, after an enemy. I would likewise say, that the conduct of
the officers and men of the whole squadron has been praiseworthy.
I have received your despatch of the 13th of May, and at the
same time a Mexican account of the proceedings of Congress,
and the President's proclamation, by the United States ship
Warren, from Mazatlan.
Faithfully, your obedient servant,
R. F. STOCKTON.
To the Hon. George Bancroft,
Secretary of the J^avy, Washington^ B.C.
No. 3.
To the people of California:
On my approach to this place with the forces under my com-
mand, Jose Castro, the commandant 'general of California, buried
Ex. Doc. No. 60. 257
his artillery and abandoned his fortified camp ''of the Mesa," and
fled, it is believed, towards Mexico.
With the sailors, the marines, and the California battalion of
mounted riPieraen, we entered the "City of the Angels," the
capital of California, on the 13ih of August, and hoisted the
North American flag.
The flag of the United States is now flying from every command-
ing position in the Territory, and California is entirely free from
Mexican dominion.
The Territory of California now belongs to the United States,
and will be governed, as soon as circumstances will permit, by
officers and laws similar to those by which the other Territories of
the United States are regulated and protected.
But, until the governor, the secretary, and council are appointed,
and the various civil departments of the government are arranged,
military law will prevail, and the commander-in-chief will be the'
governor and protector of the Territory.
In the mean time the people will be permitted, and are now re-
quested, to meet in their several towns and departments, at such
time and place as they may see fit, to elect civil officers to fill the
places of those who decline to continue in office, and to administer
the laws according to the former usages of the Territory. In all
cases where the people fail to elect, the commander-in-chief and
governor will make the appointments himself.
All persons, of whatever religion or nation, who faithfully ad-
here to the new government, will be considered as citizens of the
Territory, and will be zealously and thoroughly protected in the
liberty of conscience, their persons, and property.
No persons will be permitted to remain in the Territory who do
not agree to support the existing government; and all military
men who desire to remain are required to take an oath that they
will not take up arms against it, or do or say anything to disturb
its peace.
Nor will any persons, come from where they may, be permitted
to settle in the Territory, who do not pledge themselves to be, in
all respects, obedient to the laws which may be from time to time
enacted by the proper authorities of the Territory.
All persons who, without special permission, are found with
arms outside of their own houses, will be considered as enemies,
and will be shipped out of the country.
All thieves will be put to hard labor on the public works, and
there kept until compensation is made for the property stolen.
The California battalion of mounted riflemen will be kept in the
service of the Territory, and constantly on duty, to prevent and
punish any aggressions by the Indians, or any other persons, upon
the property of individuals, or the peace of the Territory; and
California shall hereafter be so governed and defended as to give
security to the inhabitants, and to defy the power of Mexico.
All persons are required, as long as the Territory is under mar-
268 Ex. Doc. No. 60.
tial law, to be within their houses from 10 o'clock at night until
sunrise in the morning.
R. F. STOCKTON,
Commander-in-chief and Governor of
_ the Territory of California.
ClUDAD DE LOS AnGELES,
August 17, 1846.
No. 5.
To the people of California:
On the 15th day of September, 1846, an election will be held in
tne several towns and districts of California, at the places and
Hours at which such elections have usually been holden, for the
purpose of electing the alcaldes and other municipal officers for
one year.
In those places where alcaldes have been appointed by the pre-
sent government, they will hold the election.
In places where no alcaldes have been appointed by the present
government, the former alcaldes are authorized and required to
noJd the election.
Given under my hand this twenty-second day of August, anno
IJomini one thousand eight hundred and forty-six, at the govern-
ment house, " Ciudad de los Angeles."
R. F. STOCKTON,
Commander-in-chief and Governor of
the Territory of California.
No. 6.
I, Robert F. Stockton, commander-in-chief of the United States
forces in the Pacific ocean, and governor of the Territory of Cali-
fornia, and commander-in-chief of the army of the same, do hereby
make known to all men that, having by right of conquest taken
possession of that Territory, known by the name of Upper and
Lower California, do now declare it to be a Territory of the United
States, under the name of the Territory of California.
And I do by these presents further order and decree that the gov-
ernment of the said Territory of California shall be, until altered
by the proper authority of the United States, constituted in manner
and form as follows — that is to say:
The executive power and authority in and over the said Territory
shall be vested in a governor, who shall hold his office for four
years, unless sooner removed by the President of the United States.
The governor shall reside within the said Territory; shall be com-
mander-in-chief of the army thereof; shall perform the duties and
receive the emoluments of superintendent of Indian affairs, and shall
Ex. Doc. No. 60. 269
approve of all laws passed by the legislative council before they
shall take effect,. He may grant pardons for offences against the
laws of the said Territory, and reprieves for offences against the
laws of the United States, until the decision of the President can
be made known thereon: he shall commission all officers who shall
be appointed to office under the laws of the said Territory, and shall
take care that the laws be faithfully executed.
There shall be a secretary of the said Territory, who shall reside
therein, and hold his office for four years, unless sooner removed
by the President of the United States. He shall record and pre-
serve all the laws and proceedings of the legislative council herein-
after constituted, and all the acts and proceedings of the governor
in his executive department. He shall transmit one copy of the
laws and one copy of the executive proceedings, on or before the
first Monday in December in each year, to the President of the
United States; and, at the same time, two copies of the laws to the
Speaker of the House of Representatives, for the use of Congress.
And, in case of the death, removal, resignation, or necessary ab-
sence of the governor from the Territory, the secretary shall have-
and he is hereby authorized and required to execute and perform
all the powers and duties of the governor, during such vacancy or
necessary absence.
The legislative power shall be vested in the governor and legis-
lative council. The legislative council shall consist of seven per-
sons, who shall be appointed by the governor for two years; after
which they shall be annually elected by the people.
The power of the legislative council of the Territory shall extend
to all rightful subjects of legislation; but no law shall be passed
interfering with the primary disposal of the soil; no tax shall be
imposed upon the property of the United States; nor shall the land
or property of non-residents be taxed higher than the lands or other
property of residents.
All the laws of the legislative council shall be submitted to, and,
if disapproved by, the governor, the same shall be null and of no
effeet.
The municipal officers of cities, towns, departments or districts,
heretofore existing in the Territory, shall continue to exist, and all
their proceedings be regulated and controlled by the laws of Mexico
• until otherwise provided for by the governor and legislative coun-
cil.
All officers of cities, towns, departments or districts, shall be
elected every year by the people, in such manner as may be pro-
vided by the governor and legislative council.
The legislative council of the Territory of California shall hold
its first session at such time and place in said Territory as the gov-
ernor thereof shall appoint and direct; and at said session, or as
soon thereafter as may by them be deemed expedient, the said gov-
ernor and legislative council shall proceed to locate and establish
the seat of government for said Territory, at such place as they
may deem eligible; which place, however, shall thereafter be subject
to be changed by the said governor and legislative council, and the
270 Ex. Doc. No. 60.
time and place of the annual commencement of the session of the
said legislative council thereafter shall be.on such day a.id place as ,
the governor and council may appoint.
No. 7.
[Cironlar,]
From this date, August the 15th, 1846, the tonnage duties on all
foreign vessels arriving in the ports of California will be fifty cents
per ton.
And the duties on all goods imported from foreign ports will be
fifteen per cent., " ad valorem," payable in three instalments of 30,
80, and 120 days.
R. F. STOCKTON,
Commander-in-chief and Governor of the
Territory of California.
No. 8.
CiuDAD DE LOS Angeles, August 15, 1846.
Sir: It has been deemed advisable to adopt the enclosed tariff
of duties.
To ascertain the true value of the goods in the ports at which they
are entered, two judicious and disinterested persons must be ap-
pointed to make the appraisement; one selected by the government,
the other by the party owning the goods.
Bonds with good security must be given for the payment of the
duties.
Faithfully, your obedient servant,
R. F. STOCKTON,
Commander-in-chief and Governor of the.
Territory of California.
No. 14.
Extracts from a despatch of Commodore D. Connor j dated " Before
Tarnpicoj Movember 17, 1846."
* * * * "On approaching the town, a depu-
tation from the ayuntamiento of the city came on board the flotilla,
with proposals for its surrender, which are herewith enclosed, with
conditions upon which its surreniler was accepted by Commanders
Tatnall and Ingrahara, under my instructions."
* * * * u£ transmit, herewith, copies of
communcations from the English consul at Tampico, and the com-
Ex. Doc. No. 60, 271
raander of H. M, sloop Daring, in relation to British interests in
that city. I have stated in my replies^that, at present, no relax-
ation in the rules of the hlockade already established can be made,
and that the port will remain closed to all neutral nations, as here-
tofore. On these matters, as well as in regard to the continued
shipment of treasure from this place, on the account of English
merchants, in the steam packet, I shall be glad to be made ac-
quainted with the views of the department."
U. S. Steamer Spitfire,
OJ^ the city of Tampico, JVovember 15, 1846,
Commodore Connor declines a capitulation with the authorities
of Tampico, as he considers it unnecessary.
He accepts the surrender of the city, and takes military pos-
session of it.
He assures the inhabitants, at the same time, that he will not in-
terfere with their municipal regulations, or their religion; and
that private property shall be respected, provided that the public
property of all kinds be delivered up at once, and in good faith.
Should an assault be made by the inhabitants of the city on the
American forces, the inhabitants will be held responsible for the
consequences.
Commodore Connor, so long as the authorities and inhabitants of
the city observe good faith towards him, will consider them under
his protection. A different course will expose them to serious
evils.
JOSIAH TATNALL,
Commander United States J^avy.
D. N. INGRAHAM,
Commander United States JYavy,
Approved:
D. CONNOR,
Commanding Home Squadron.
La coraision del ayuntamiento de Tampico acepta las garantiasque
por la precedente contestacionofrece a la Ciudad el Comadore
Connor, por conducto de los oficiales arriba firmados.
FRANCISCO CERVANTES,
Juan Jose de Layor,
Apolinar Marques,
272 Ex. Doc. No. 60.
CORRESPONDENCE WITH GENERAL TAYLOR.
MESSAGE
FROM THE
PRESIDENT OF THE UNITED STATES,
TRANSMITTING
The correspondence with General Taylor since the commencement of
hostilities with Mexico^ not already published.
' March 1, 1847.
Read, and laid upon the table.
To the House of Representatives of the United States:
1 communicate, herewith,.a report of the Secretary of War, with
the accompanying documents, in answer to the resolution of the
House of Representatives of the 1st instant, requesting the Pre-
sident "to communicate to the House of Representatives all the
correspondence with General Taylor since the commencement of
hostilities with Mexico, which has not yet been published, and the
publication of which may not be deemed detrimental to the
public service; also, the correspondence of the quartermaster
general, in relation to the transportation for General Taylor's
army; also, the reports of Brigadier Generals Hamar and Quit-
man of the operations of their respective brigades on the 21st of
of September last."
As some of these documents relate to military operations of our
forces which may not have been fully executed, I might have
deemed it proper to withhold parts of them, under the apprehension
that their publication, at this time, would be "detrimental to the
public service;" but I am satisfied that these operations are now so far
advanced, and that the enemy has already received so much infor-
mation from other souices in relation to the intended move^ients
of our army, as to render this precaution unnecessary.
JAMES K. POLK.
Washington, February 27, 1847.
Ex. Doc. No. 60. 273
War Department, February 27, 1847.
Sir: Pursuant to your direction, I have caused to be copied, and
herewith transmit to you, the correspondence called for by the
resolutioa of the House of Representatives, passed the 1st of this
month.
The docunients are numerous, and an attempt has been made so
to arrange them as to bring together letters relating to the same
subjects; but it has been found impracticable to carry this out to
the fullest extent. In regard to the correspondence with General
Taylor, from one to two months usually intervened between the
date of the letters written by and to him, and the receipt of the
answers; and, within that period, several other letters, upon dif-
ferent subjects, were sent and received. Had a strictly chronolo-
gical order of the correspondence been observed in the arrangement,
many different subjects would have been introduced between the
letters and the replies to them. An attempt has been made to bring
together the letters and the replies, and it has been done to a con-
siderable extent, in regard to those which have reference to the
campaign and to military movements. Those which relate to trans-
portation have also been brought together, as far as practicable.
Among the letters embraced in the call, several merely formal —
such, for instance, as enclosed returns, proceedings of courts-mar-
tial, &c. — have not been copied; but the dates are given, and their
contents briefly stated, in the accompanying synopsis.
In the correspondence of the quartermaster's department, in re-
ference to transportation, only letters and parts of letters relating^
particularly to that subject have been selected.
In answer to that part of the resolution which calls "for the re-
ports of Brigadier Generals Hamar and Quitman of the operations
of their respective brigades on the 21st of September last," I have
the honor to state, that no such reports have been received at this
department, nor has any other reports from these generals been re-
ceived, except those of the 28th of that month, which have been
already published.
I have the honor to be, very respectfully, your obedient ser-
vant,
W. L. MARCY.
The President of the United States.
18
21i Ex. Doc. No. 60.
SYNOPSIS OF CORRESPONDENCE
Letters from the Secretary of War to General Taylor.
1846 May 13. — Transmits proclamation of the existence of a state of war.
jyiay 23 —Calls of General Gaines for voluntee;s recognised to a certain extent.
May 28.— Disposition to be made of the troops called out by General Gaines.
jyiay 30.— Assigning General Taylor to duty as brevet major general, and encloeiisgf
copy of letter to General Taylor from the President. -
June 4.— Sends proclamation in the Spanish language.
Letters from General Taylor.
1846, April 26, (No. 30.)— Reports arrival of Arista; an afiiiir of cavalry, in which a party
of dragoons is cut off; has called for volunteers.
April 30, (No. 31.)— Encloses descriptive rolls and acknowledges orders. [Not
copied.]
May 3, (No. 32.) — Reports demonstration of the enemy on the left bank of the Rio
Grande; movement of the main army to Point Isabel; encloses reports of Captains
Thornton and Hardee; reports surprise of a camp of rangers; encloses sketch of
posit.ion opposite Mataraoras.
May 5, (No. 33.)— Reports result of cannonade against the field work opposite Mat-
araoras; Major Brown's report; is awaiting at Point Isabel the arrival of recruits,
when he shall assume offensive operations.
May 7, (No. 34.) — Shall march to open communication with Major Brown; arrival
of recruits; four companies 1st infantry and volunteers expected.
May 9, (No. 35.) — Reports the action of Palo Alto.
May 9, (No. 36.) — Reports the action of Resaca de la Palma.
May 12, (No. 37.) — Has come to Point Isabel to have an interview with Commodore
Connor; shall invest Matamoras; death of Major Ringgold and Lieutenant Blake;
statement of killed and wounded; has exchanged some prisoners.
May 16, (No. 38.) — Detailed report of the action of Palo Alto. [Published in Sen-
ate document No. 388, 1st session 29th Congress; not here copied.
May 17, (No. 39 ) — Detailed report of the battle of Resaca de la Palma. [Published
in Senate document No. 388, 1st session 29th Congress; not here copied.]
May 18, No. 40) — Reports occupation of Matamoras; retreat of Arista's army.
May 19, (No. 41.) — Encloses report of Iwrnbardment of Fort Brown. [Published ia
Senate document No. 388, 1st session 29ih Congress; not here copied.]
May 20, (No. 42.) — In relation to the great number of volunteers on iheir way from
New Orleans — beyond 2,500; not required by him; fears they may have exhausted
the supply of tents in New Orleans for regulars; asks that one thousand tents be
sent from the north.
Ex. Doc. No. 60. 275
S846, May 21, (No. 43.) — Solicits further instructions; rennarks upon the navi<rability of the
Rio Grande; Has detached cavalry in puctuit of Arista's army; expects General
Smith's column from Barita.
May 24, (No. 44.) — Arrival of General Smith with battalion of 1st infantry and one
regiment of volunteers; Lieutenant Colonel Garland has returned from pursuing the
enemy; solicits instructions as to disposition of part of General Arista's baggage.
May 26. — Distribution of clothing [Not copied.]
May 29, (No. 4.t.) — Encloses returns of the army. [Not copied.] •
May 29; (No. 46.) — Relative to the relief of Captain Waggaman; declines relieving
bim.
May 30, (No. 47 ) — Answers a call relative to deserters.
June 2, (No. 48.) — Relative to tlie muster-roll of Captain Gillespie's company; had
given instructions about mustering volanteers; difficulty of communicating with
San Antonio; has authorized a call for auxiliary force on the governor of Texas by
Colonel Harney.
June 3, (No. 49.) — Return of troops; is detained for the want of the means of trans-
portation; last intelligence of Arista; ordnance, &c., found in Matamoras.
June 7, (No. 50.) — Return of the army; intelligence from the, interior; awaits water
transportation to push forward a depot to Camargo.
June 24, (Nos. 53 and 54.) — 'Arrival of volunteers; intelligence from the interior.
Letters from the Secretary of War to General Taylor.
m
1846, June 26. — Embarrassment caused by the call of General Gaines for troops.
July 1, (No. 57) — From General Taylor, in relation to volunteers enrolled for less
than twelve months; asks permission to retain them.
August 3. — In relation to the retention of' six-months' men, (from the Secretary of
War.)
Letters from General Taylor.
1846, July 16, (No. 60.) — Relative to the obligation of Louisiana volunteers to serve more
than three months.
July 22, (No. 64.) — Acknowledges instructions relative to the discharge of volunteers,
and reports measures for their execution.
July 25, (No. 65.) — Return of volunteer force; adverts to the case of Alabama volua-
teers, which he has ordered to be^ mustered out of service in Mobile.
July 31, (No. 70.) — Position of volunteers from Texas; necessity of retaining them
beyond three months; regiments of Kentucky and Tennessee horse will not arrive
in time.
August 31, (No 82.) — 'Relating to volunteer regiments, and some detached companies
from Texas and Louisiana.
' Letter from the Secretary of War to General Taylor.
1846, June 8.— Relative to conducting the war. . . »
Letter from General Scott to General Taylor.
1846, June 12.— Gener-tl instructions in relation to his asiijnment to the ch'ef command of
the army in inexico, and the enumeration of foiC3 sent to him, &<?., with a copy of
a letter of instructions to General Wool, &c.
276 Ex. Doc. No. 60.
Letters from General Taylor.
1846, Jane 26, (No. 56.) — Acknowledges communications from the Secretary of War of
28thj 29th and 30th May, [with letter from the President,] and 4th and 8th of June.
July 2, (No. 58.) — His views on the subject of operations against the interior, ineU'
swer to communications of the 28th of May and 8th of June.
• Letter from the Secretary of War,
1846, July 9. — Plan of campaign, &c.
Letter from General Taylor to the President.
1846, August 1. — His views in regard to operations, in answer to letter of 9th of July.
Letters from Secretary of War.
1846, September 2. — Intention to make a descent on Tampico; [intercepted by the enemy. 3
September 22. — Change of instructions in relation to^^operations.
Letters from General Taylor.
1846, September 25, (No. 91.)— Capitulation of Monterey.
October 12, (No. 96.)— Acknowledges despatches of the 22d September,
October 15, (No. 98.) — His views on the general subject of the campaign and war,
• in answer to the letter of the 22d September; adverts to instructions to General
Patterson.
October 26, (No. 100.)— Further reply to the letter^of 22d September from the Secre-
tary of War.
Letters from the Secretary of War to Generals Taylor and Patterson,
1846, October 13. — Directing that the armistice shall cease, and in relation to the opera-
tions of the war.
Letters from General Taylor.
1846, November 3, (No. 105.) — Acknowledges the receipt of the despatch of 13th October.
November 8, (No. 107.) — Replies to despatch of 13th October, relative to armis-
tice.
November 8, (No. 108.) — Has notified the Mexican general of the conclusion of the
armistice; shall occupy Saltillo; adverts to the position of General Wool; has taken
the first step towards an expedition to Tampico.
Letters from the Secretary of War.
1846, October 22. — Instructions in regard to operations.
October 22. — Major McLane, bearer of despatches.
October 29. — Forwards copy of letter to General Patterson.
November 25. — Encloses copy of letter of the 2d September, and relates to operations
on the gulf coast. General Scott has been directed to repair tothe seat of war.
November 23, — Directing General Scott in regard to operations.
Ex. Doc. No. 60. 277
.September 12. — Letter from General Scott applying for the command of the army in
Mexico.
September 14. — From the Secretary of War in reply.
November 25. — From General Scott to General Taylor, announcing his assignment to
command. ,
November 25. — From the Secretary of War to General Taylor, sending a copy of a
letter received by Commodore Conner from a reliable som"ce.
Letters from^General Taylor.
1846, November 12, (No. 110.)— His views in answer to the despatch of the 22d October.
November 16. — Acknowledging communications. [Not copied.]
N(»rember 24, (No. 113.)— Occupation of Saltillo, and disposition of General Wool.
November 26, (No. 114.) — Occupation of Tampico.
November 30, (No. 115.)— Sends return of troops. [Not copied.]
December 1, (No. 116.)— Sends muster rolls. [Not copied.]
December 2, (No. 117.)— Sends pension certificates. [Not copied.]
Decembers, (No. 121.)— Arrangements for the defence of the line occupied by the
army.
December 14, (No. 122.)— Departure of troops for Victoria; calls attention to the va-
rious interferences of his plans and orders; letter from General Patterson, 8th De-
cember, 1846.
December 22, (No. 123.)— Return of force from Monterey in consequence of intelli-
gence from the frontier ; measures taken to reinforce General Worth ; shall march
again for Victoria ; correspondence with Santa Anna.
December 26, (No. 124.) — Arrives at Montemorelos ; shall march for Victoria on the
27th ; intelligence from the interior.
December 26, (No. 125.) — Acknowledges communications ; capture of Tampico ; con-
fusion and embayassment have resulted from the correspondence with General Pat-
terson by the department.
1847, January 7, (No. 1.) — Occupation of Victoria.
From the Secretary of War to General Taylor.
1847, "January 4.— Secretary of War to General Scott in relation to operations.
January 27.— On the subject of the publication of General Taylor's letter to General
Gaines.
1846, July 6.— Letter from the Secretaiy of War to General Taylor in relation to coratnerce
and trade with Matamoras.
July 11. — Calling for a list of officers for brevets. ,
July 27, (No. 66.)— General Taylor in reply.
Letters from the Secretary of War.
1846, July 17.— Transmits resolution of the State of Connecticut.
July 27.— Relative to a captive Mexican boy.
October 5.— On the subject of a medal voted by Congress to General Taylor
December 8.— From General Taylor in reply.
October 30.— Relative to communication from R. C. Hall in respect to thp death, 8cc. o f
an officer.
278 Ex. Doc. No. 60.
Letters from General Taylor.
1846, June 25, (No. 55.)— Encloses proceedings of courts-martial. [Not copied.]
July 2. — Acknowledges comraunications. [Not copied.]
July 3, (No. 59.) — Supplies an omission in his report of the action of the 9th of May.
July 11, (JNo. 60.) — Arrival of boatsj commencement of movement to Caraargo.
July 16. — Acknowledges receipt of commission as brevet major general.
July 16, (No. 61.) — Encloses returns.
July 16, (No. 62.) — Encloses proceedings of court-martial. [Not copied.]
July 18, (No. 63.) — Encloses returns. [Notcopi^d.]
July 22, (No. 63.)— Occupation of Camirgo; regular course of moving, thither; diffi-
culty of throw;ing supplies up the river.
July 28, (No. 67.) — Reporte aciion in the case of a lieutenant in the army.*
July 29, (No. 68.) — Unauthorized proceedings of Colonel Harney in an expedition on
the Presidio.
July 30, (No. 69.) — Arrival and forward movement of twelve-months volunteers; dis-
charge of Louisiana vulunteers.
July 31. — Encloses muster rolls. [Not copied.]
August 1, (No. 71.) — Proceedings of court-martial; list of killed and wounded.
Augu.st 3, (No. 72.) — Statement of officers in the affairs of the 8th and 9th of May,
August 10, (No. 73.) — Ariived at Camargo; shall move by the 1st of September with
6,000 troops; valley of San Juan reconnoitred; Mier occupied.
August 14, (No. 74.) — Relative to Captain Taylor's company and its battery.
August 15, (No. 75.) — Copies of instructions to General Wool.
August 19, (No. 76.') — Forward movement of the 1st brigade to Serralvo.
August 23, (No. 77.) — Prcceedings of court-martial. [Not copied.]^
August 25, (No. 78.)— Intelligence from the interior; Paredes deposed; state of things
at Monterey; 2d brigade has marched; volunteers have been organized.
August 26, (No. 79.) — Sends papers relative to projected %novemcnt of the federal
party in the department of Tamaulipas, [the enclosures not copied, being confiden-
tial.]
^ " August 28, (No. 80.) — Suggests a clothing depot.
August 31, (No. 81.) — Proceedings of couft-martial. [Not copied.]
September 2, (No. 84.) — Scarcity of medical officers with the army, with a copy of
the Surgeon General's report of the 29th of July.
September 3, (No. 85.) — Organization of troops en route; is about to take the field;
no recent intelligence from the interior; state of things at San Antonio; General
Patterson will remain in command in rear.
September 4, (No. 88.) — Report from General Worth, giving intelligence from the in-
terior; sends proclamation of Ampudia.
September 12, (No. 87.) — Concentration of troops at Cerralvo; shall march on Mon
terey on the 13th; news from the interior.
September 17, (No. 88.) — Concentration of force at Marin; particulars of advance.
September 22, (No. 89.)— Reports operations before Monterey. [Published in Senat©
Doc. No. 1, 2d session 29th Congress; not here copied.
September 23, (No. 90.)— Operations of 22J and 23d. [Published in Senate Doc. No.
1, 2d session 29th Congress; not here copied.]
Ex. Doc. No. 60. 279
S846, September 28, (No. 92. — Departure of the enemy; reports from General Wool of the
15th of September.
October 6, (No. 93.) — Discharge of Texas mounted volunteers; 2d infantry ordered
forward.
October 9, {\o. 94.) — Detailed report of operations before Monterey. [Published ia
Senate Doc. No. 1, 2d session 29lh Congress; not here copied.]
October 11, (No. 95.) — Relative to a murder at Monterey,
October 13, (No. 97.) — Reports death of Lieutenant Graham, and refers to an inter°
cepted mail.
October 20, (No. 99.) — Acknowledges communications.
October 27, (No. 101.) — Intelligence from General Wool's column.
October 28, (No. 102.)— Reports death of Captain Ridgely.
November 2, (No. 103.) — Rejiorts death of Major Lear.
November 3, (No. 104.) — Report in case of disabled men; acknowledges commumca^
tions.
Novembers, (No. 106.) — Acknowledges communications with respect to Captain
Bragg.
November 10. — Acknowledges communications.
November 11, (No. 109.) — Proceedings of court-martial. [Not copied.]
November 16, (No. HI.) — Has taken possession of Saltillo.
November 16. — Acknowledges communications. [Not copied.]
November 23, (No. 112.) — Correspondence with Santa Anna.
December 3, (No. 118.) — Reports death of General Haraer.
Dopember 4, (No. 119 ) — Correspondence with Santa Anna; exchange of prisoners.
December 7, (No. 120.) — Return of troops. [Not copied.]
December 26, (No. 126.) — Colonel Croghan sent to Austin to muster in Texas regU
ment.
3(847, February 6. — Lettertof Adjutant General, with papers marked —
A. Letters fi-om Major General Scott to Major General Taylor.
B. Letters from Adjutant General to General Taylor.
C. Synopsis of ditto.
D. Orders issued by General Taylor.
E. Synopsis of ditto.
F. Special orders i&sued by General Taylor.
G. Synopsis of ditto.
Relative to transportation.
Memoranda for the chiefs of staff biu-eaus from Major General Scott, of the loth
and 18th of May, 1846.
** Letters from General Taylor.
584€, June 10, (No. 51.) — Refers to the great number of volunteers arriving at Point Isabel,
and the entire want of suitable transportation for a movement up the river.
July 1. — From the Secretary of War to General Taylor, in answer, with memoranda
of the Quartermaster General.
June 17, (No. 52) — From General Taylor ; no recent advices from general hcad=
quarters j failure in New Orleans to send out other means of transportation, or a
280 Ex. Doc. No. 60.
mail ; intelligence respecting the Mexican troops at Linares ; arrival of volunteers,
[not those under the act of 13th May ;] can do nothing with them for want of trans-
portation, and recommends that they return home ; has sent Captain McCulIoch
towards Linares.
June 5. — From Captain Sanders, of the engineer corps, to the Secretary of War ; re-
ports that he is sent as an agent by General Taylor to procure means of transpor-
tation.
June 24. — Quartermaster General to Captain Sanders, authorizing the purchase of
boats.
July 2. — Captain Sanders to Quaftermaster General ; has completed his purchases.
July 5. — Quartermaster General in reply, with a note by the Secretary of "War, and*
statements of Second Comptroller and requisition clerk.
1847, ^February 10. — Secretary of War to the Quartermaster General.
February 18. — The Quartermaster General's reply.
i846,'_September 1, (No. 83.) — From General Taylor, complaining of a deficiency in the
means of transportation in the Quartermaster's department.
September 21. — From the Secretary of War to the Quartermaster General, enclosing
the above.
December 5. — Reply of the Quartermaster General.
October 1.— From the Secretary of War to General Taylor, enclosing a copy of an
appli^^ation from the Quartermaster General for orders to proceed to New Orleans
to direct the operations of his department in the southwest, and the answer of the
Secretary of the 1st October.
November 7. — From Quartermaster General to Secretary of War, relative to trans-
portation.
November 25. — From Quartermaster General to Secretary of War, relative to trans-
portation.
Novenaber 26. — From Quartermaster General to Secretary of War, relative to trans-
portation.
November 28. — From Quartermaster General to Secretary of War, relative to trans-
portation.
December 3. — From Quartermaster General to Secretary of War, relative to trans-
portation.
December 27. — From Quartermaster General to Secretary of War, relative to trans-
portation.
December 29. — From Quartermaster General to Secretary of War, relative to trans-
portation.
1847, January 1.— From Quartermaster General to Secretary of War, relative to transpor-
tation.
January 2. — From Quartermaster General to Secretary of War, relative to transpor-
tation, and the deficiency of ordnance and topographical officers.
February 25. — Letter of Colonel Stanton, submitting letters from Quartermaster
General's ofilce in relation'to transportation for General Taylor's army.
Letters from officers and agents of the Quartermaster's department, to the Quarter-
master General's office, in relation to transportation for the same.
Letters from the Quartermaster General, after leaving Washington, in relation to
transportation for the same.
Ex. Doc. No. 60, 281
CORRESPONDENCE.
[Circular.]
War Department,
Washington, May 13, 1846.
Sir: Enclosed I send you a proclamation of the President of the
United States, of this day, announcing the existence of war between
this country and the republic of Mexico. You will act in refer-
ence to this change of our foreign relations, in the discharge of
your official duties, so far as they may be affected by it.
Very respectfully, your obedient servant,
W. L. MARCY,
Secretary of War.
Brigadier General Z. Taylor,
Commanding Army of Occupation
on the Rio Grande, Texas.
[Addressed also to generals of divisions, generals commanding
military departments, and officers commanding posts.]
War Department, May 23, 1846.
Sir: Major General Gaines having made calls on the governors
of Alabama, Mississippi, and Missouri, for volunteers to be sent to
your aid, you are informed that these calls have been recognised
by the President to the extent of the number already furnished by
them. You will receive them in the same manner as those embraced
in your requisition. The department is not yet advised of the num-
ber sent to join you.
Very respectfully, your obedient servant,
W. L. MARCY,
Secretary of War.
Brigadier General Z. Taylor,
Commanding Army of Occupation
on the Rio Grande, Texas.
War Department, May 28, 1846.
Sir: As it appears that Major General Gaines, in sending for-
ward volunteers to Texas, has exceeded the call made by you for
282 Ex. Doc. No. 60.
that description of force, it would seem proper that this excess
should be disposed of in such manner as to cause as little expense
and embarrassment to the service as possible. The call of General
Gaines has been recognised to the extent of the number of volun-
teers already sent io you, and you will thereiore receive them into
service. But as all these troops, as well as those embraced in your
requisitions, have been called out under the act of the 28th Februa-
ry, 17£5, which limits their term of service to three months, it is
sufigested that you organize out of that number such as may be
disposed to volunteer for the period of twelve months, under the
act of the I3lh of May instant, until you may have a force of that
description sufficient to meet your views and wishes, and then dis-
charge and send home the remaining three months men. The go-
vernors of the several States, from which these three-months men
have come, will be requested to aid you in changing them into vol-
unteers for a year, under the recent act of Congress, by giving
commissions to those who (not having received them) may volun-
teer to serve as officers. Should companies, battalions, or regi-
ments, of the present three-months men, organize and offer their
services under ihe act ot the 13th of May, you are hereby authorized
by the President to accept and at once muster them into service.
It is important that you should give the department the earliest in-
formation of your proceedings in this respect.
You are advised to prosecute the war with vigor, in the manner
you may deem most effective. Not knowing what are the opera-
tions you propose to carry on, I cannot well determine the number
of volunteers you will be likely to want. I am anxious to hear
your views as to the measures you propose to execute. It is hoped
that while the season favors, you will make such progress as that
your troops may be enabled safely to occupy healthy positions be-
fore the less healthy season commences. I wish to be favored with
your views as to what should be the future operations of the army
on the Rio Grande, and the movement you propose to make before
the commencement of the rainy season, which is supposed to be
such as may arrest or impede, for a short time, effective hostilities.
Very respectfully, your obedient servant,
W. L. MARCY,
Secretary of War.
Major General Z. Taylor,
Commanding Army of Occupation
on the Rio Grande^ Texas.
War Department,
Washington^ May 30, 1846.
Sir: Enclosed I transrhit an order assigning you to duty accord-
ing to your rank as brevet major general. I also send you a copy
Ex. Doc. No. 60. 283
of a letter from the President, the original of which, with your
conimission, has been forwardeH by this ((ay's mail.
Very respectfully, your obedient servant, ♦■
W. L. MARCY,
Secretary of War,
Brevet Major General Z. Taylor.
Washington City, May 30, 1846.
Sir: I transmit to you herewith a commission as major pjeneral
by brevet in the army of the United States, conferred upon you
for gallant conduct and distinguished services in the successive vic-
tories over superior Mexican forces at Palto Alto and Resdca de la
Palma, on the 8th and 9th days of May, I8l6.
It gave me sincere pleasure, immediately upon the receipt of
official intelligence from the scene of your achievements, to confer
upon you, by and with the advice and consent of the Senate, this
testimonial of the estimate which your government places upon
your skill and gallantry. To yourself and the brave officers and
soldiers under your command the gratitude of the country is justly
due. Our army-have lully sustained their deservedly high reputa-
tion, and added another bright page to the history of American
valor and patriotism. They have won new laurels for themselves
and for their country. My confidence in them never faltered. The
battles of Palo Alto and Resaca de la Palma rank among our most
brilliant victories, and will long be remembered by the American
people. When all the details of these battles, and of the noble
defence of the camp opposite to Matamoras, shall have been re-
ceived, it will be my pleasure, as it will be my grateful duty, to
render to the officers and men under your command suitable testi-
monials for their conduct in the brilliant victories which a super-
intending Providence has enabled them to achieve for their country.
In transmitting to you this commission, and in communicating to
the officers and soldiers under your command my profound sense of
their meritorious services, I but respond to the patriotic enthusiasm
manifested by the people in behalf of their brave defenders.
Whilst my warmest thanks are tendereil to the survivors, the
nation mourns the loss of the brave officers and soldiers who fell
in defence of their country upon the field ot victory. Their names
also shall be remembered, and appropriate honors be paid to their
memory, by a grateful country.
You will cause thi^ communication to be made known to the
army under your command.
JAMES K. POLK.
Brevet Major General Z. Taylor,
Commanding U. S. Army on the Rio Grande.
284 Ex. Doc. No. 60.
War Department, June 4, 1846.
Sir: I send herewith a number of copies of a proclamation in
*lhe Spanish language, addressed to the people of Mexico, which
you are requested to sign and cause to be circulated in the manner
and to the extent you may deem proper. You will use your ut-
most endeavors to have the pledges and promises therein contain-
ed carried out to the fullest extent. There are also sent some
copies of the proclamation in the English language.
Very respectfully, your obedient servant,
W. L. MARCY,
Secretary of War,
Brevet Maj. Gen. Z. Taylor,
Commanding army of occupation^ Texas.
PROCLAMACION.
POR EL GENERAL COMANDANTE DEL EXERCITO DE LOS ESTADOS UNIDOS DE AMERICA.
j3 la nacion Mcjicana:
Despues de muchos anos de sufrimiento pacieote, los Estados
Unidos estan al fin forzados de reconocer que hay guerra entre nu--
estro gobierno y el gobierno de Mejico. Durante muchos aiios
nuestros ciudadanos han sido espuestos a injurias y perdidas, nues-
tros buques y cargazones han sido asidos y confiscados, nuestros
negociantes robados, mutilados, encarcelados sin causa alguna. En
conclusion vuestro gobierno reconocio la justicia de nuestras recla-
maciones, y agredecio por un tratado de satisfacernos con el paga-
miento de unos millones de pesos; pero este tratado lo han violado
vuestros caudales, y no se han hecho los pagamientos. Nuestros
ultimos esfuerzos para poner fin a todas las difficultades con negoci-
aciones pacificas han sido desechados por el dictator Paredes, y
nuestro Ministro de Paz, a quien vuestros gobernadores habian
agredecido recibir, se le ha despues rehusado toda comunicacion.
Ha sido tratado con indignidad e insulta; y anucio Paredes, que
hay guerra entre nosotros. Esta, guerra proclamada asi primiera-
mente por el ha sido reconocida con una perfecta unanimidad, y se
perseguira con vigor y energia, contra vuestro exercito y vuestros
gobernadores, pero aquellos Mejicanos quienes quedaran neutrales,
no se les hara ninguna molestia.
Esta vuestro gobierno en las manos de tiranos y usurpadores.
Ellos han destruido el gobierno de los Estados, han aniquilado
vuestra constitucion federal, os han privado del derecho de eleccion,
han destruido la libertad de la imprenta, os han robado vuestras
armas, y reducido a un estado de entera sumision al poder de un
dictator irilitar. Vuestro exercito y vuestros maestros sacan del
pueblo con injustos impuestos, con forzados prestamos, y asidas
militares, aquel mismo dinero el cual soporta el poder de vuestros
gobernadores. Estando desarmados quedasteis en preda a los sal-
vages Camanchos, los cuales destruyeron uo solamente vuestras
Ex. Doc. No. 60. 285
vidas y propiedades, pero llevaron vuestras mugeres e hiJT)S en una
captividad mas horrible qua la misma muerte. Son vuestros gober-
nadores militares que os han reducido a esta condicion deplorable.
Con estos tiranos y sus satelites corrumpidos y crudeles, enriqueci-
dos con el tesoro del pueblo, por quienes estais oprimidos y empo-
brecidos de este mode, aljjunos de ellos han atrevidamente hablada
en favor de una Monarquia, y quisieran colocar un Principe Eu-
ropeo sobre el trono de Mejico. Veniraos para obtener reparacion
de injurias y perdidas repetidas, venimos para obtener indemnida-
des por lo pasado y seguridad por lo futuro, venimos para desechar
a los tiranos que han destruido vuestras libertades; pero no veni-
mos nosotros para hacer la guerra al pueblo Mejicano 6 contra
ninguna forma de gobierno que la nacion quisiere eligirse. Nuestro
deseo es de veros libertados de los despotas, de expeler a los Ca-
manchos, de impedir que se renueven sus asaltos, y forzarlos a re-
stituir vuestras mugeres y vuestros hijos detenidos despues de tanta
tieropo. Se protegeran vuestra religion, vuestros altares e iglesiasj
las propiedades de vuestras iglesias y de vuestros cuidadanos, las
emblemas de vuestra fe sus ministros quedaran inviolados. Cientos
de nuestra exercito y cientos mil de nuestra nacion son miembros
de la religion Catolica. En cada estado, y en casi todas las ciuda-
des y todos los pueblos de nuestra Union hay iglesias Catolicas, y
los sacerdotes hacen sus santas funciones en paz y seguridad debajo
la garantia de nuestra sagrada constitucion. Venimos entre la
gente Mejicano como amigos y hermanos republicanos, y todas los
que nos recibiran en esta calidad estaran protegidos, pues cuantoSj
se dejaran atraer a llevar las armas se trataran como enemigos.
No necesitaremos de vosotros nada sino sustento para nuestro exer-
cito, y esto OS sera siempre pagado en dineros y por su valor entera.
La politica acostumbrada de vuestros tiranos consista en engaiiaros
tocante a la politica y al caracter de nuestro gobierno y de nuestra
gente. Temen estos tiranos el exemplo de nuestras libres institu-
ciones, y esfuerzanse constantemente de falsificar nuestros desig-
nios e inspiraros el odio de vuestros hermanos republicanos de la
Union Americana.
i Dadnos solo la ocasion de desenganoros, y luego sabreis que
todas las representaciones de Paredes son falsas, y hechas solo con
la intencion de inducir os en consentir al establecimiento de un
gobierno despotico.
En vuestra guerra para la libertad, contra la monarquia Espanola,
miliares de nuestros conciudadanos esnusieron sus vidas y derrama-
ron su sangre para vuestra defensa. Nuestro commodore, el bravo
Porter, sostuvo vuestro pabellon triumfante en el oceano, y nuestro
gobierno fue el primero en reconocer vuestra independencia. In-
scribimos con orgulio y placer vuestro nombre en la lista de las
republicas independentes, y tuvimos deseo que pudieseis gozar en
paz y prosperidad todas las ventajas de los gobiernos libres. Es
impossible que tengan buen suceso vuestros tiranos contra el exer-
cito de la Union, pero si ellos sucedieren solo seria para darlos el
medio de llenar vuestras ciudades con sus soldados, comer vuestra
sustento, y cargaros de impuestos aun mas duros. Ya han aboiido
286 Ex. Doc. No. 60.
la libertad de la imprenta, siendo este el primer paso acia la iatro-
duccion de aquella monar^uia la cual ellos tieneu en realidad el
designio de proclamar y establecer.
Mejicanos, heraos de tralar como enemigos y destruir a los
tiranos quienes, mientras nos ban agraviado e insultado, os ban
privado de vuestra libertad, per© los Mejicanos que quedaran neu-
trales durante la guerra, seian protegidos contra sus despotas mili-
tares per el exercito republicano de la Union.
A PROCLAMATION
BY THE GENERAL COMMANDING THE ARMY OF THE U. S. OF AMERICA.
To the people of Mexico:
After many years of patient endurance, tbe United States are at
leno-th constrained to acknowledge tbat a war now exists between
our government and tbe government of Mexico. For many years
our citizens bave been subjected to repeated insults and injuries,
our vessels and cargoes bave been seized and confiscated, our mer-
cbants bave been plundered, maimed, imprisoned, without cause
and witbout reparation. At length your government ackriowledged
the justice of our claims, and agreed by treaty to make satisfaction,
by payment of several millions of dollars; but this treaty has been
violated by your rulers, and the stipulated payments have been
"withheld. Our late effort to terminate all difficulties by peaceful
negotiation has been rejected by the dictator Paredes, and our
minister of peace, whom your rulers had agreed to receive, has
been refused a hearing. He has been treated with indignity and
insult, and Paredes has aenounced that war exists between us.
This war, thus first proclaimed by him, has been acknowledged as
an existing fact by our President and Congress, with perfect una-
nimity, and will be prosecuted with vigor and energy against your
army and rulers; but those of the Mexican people who remain
neutral will not be molested.
Your government is in the hands of tyrants and usurpers. They
have abolished your State governments, they have overthrown
your federal constitution, they have deprived you of the right of
suffrage, destroyed the liberty of the press, despoiled you of your
arms, and reduced you to a state of absolute dependence upon the
power of a military dictator. Your army and rulers extort from
the people, by grievous taxation, by forced loans, and military
seizures, the very money which sustains the usurpers in power.
Being disarmed, you are left defenceless, an easy prey to the
savage Curaanches, who not only destroy your lives and property,
but drive into a captivity, more horrible than death itself, your
wives and children. It is your military rulers who have reduced
you to this deplorable condition. It is these tyrants, and their
corrupt and cruel satellites, gorged with the people's treasure, by
whom you are thus oppressed and impoverished, some of whom
Ex. Doc. No. 60. 287
have boldly advocated a monarchical ofovernment, and would place
a European prince on the throne of Mexico. We come to obtain"
reparation for repeated wrongs and injuries, we come to obtain
indemnity for the past and security for the future, we come to
overthrow the tyrants who have destroyed your liberties; but we
come to make no war upon the people of Mexico, nor upon any
form of free government they may choose to select for themselves.
It is our wish to see you liberated from despots, to drive back the
savage Cumanches, to prevent the renewal of their assaults, and
to compel them to restore to you from captivity your long lost
wives and children. Your religion, your altars and churches, the
property of your churches and citizens, the emblems of your faith
and its ministers, shall be protected and remain inviolate. Hun-
dreds of our ar -^y, and hundreds of thousrinds of our people, are
members of the Catholic church. In every State, and in nearly
every city and village of our Union, Catholic churches exist, and
the priests perform their holy functions in peace and security, un-
der the sacred guarantee of our constitution. We come amon^- the
people of Mexico as friends and republican brethren, and all who
receive us as such shall be protected, whilst all who are seduced
into the army of your dictator shah be treated as enemies. We
shall want from you nothing but food for our army, and for tiiis
you shall always be paid, in cash, the full value. It is the settled
policy of your tyrants to deceive you in regard to the policy and
character of our government and people. These tyrants fear the
example of our free institutions, and constantly endeavor to mis-
represent our purposes, and inspire you with hatred for your re-
publican brethren of the American Union. Give us but the oppor-
tunity to undeceive you, and you will soon learn that all the
representations of Paredes were false, and were only made to in-
duce you to consent to the establishment of a despotic govern-
ment.
In your struggle for liberty with the Spanish monarchy, thou-
sands of our countrymen risked their lives and shed their blood in
your defence. Our own commodore, the gallant Porter, maintained
in triumph your flag upon the ocean, and our government was the
first to acknowledge your independence. With pride and pleasure
we enrolled your name on the list of independent republics, and
sincerely desired that you might in peace and prosperity enjoy all
the blessings of free government. Success on the part of your
tyrants against the army of the Union is impossible; but if they
could succeed, it would only be to enable them to fill your towns
with their soldiers, eating out your substance, and harassino- you
with still more grievous taxation. Already they have abolished the
liberty of the press, as the first step towards the introduction of'
that monarchy which it is their real purpose to proclaim and es-
tablish.
Mexicans, we must treat as enemies and overthrow the tyrants
who, whilst they have wronged and insulted us, have deprived you
of your liberty; but the Mexican people who remain neutral during
the contest shall be prot cted against their military despots, by the
republican army of the Union.
288 Ex. Doc. No. 60.
[No. 30.] Head-quarters 5 Army of Occupation,
Camp near MatamoraSj Texas, April 26, 1846,
Sir: I have respectfully to report that General Arista arrived in
Matamoras on the 24th instant, and assumed the chief command of
the Mexican troops. On the same day he addressed me a commu-
nication conceived in courteous terms, but saying that he considered
hostilities commenced and should prosecute them. A translation
of his note and a copy of my reply will be transmitted the moment
they can be prepared. I despatch this by an express which is now
waiting.
I regret to report that a party of dragoons, sent out by me on
the 24th instant to watch the course of the river above on this bank,
became engaged with a very large force of the enemy, and after a
short affair, in which some sixteen were killed and wounded, ap-
pear to have been surrounded and compelled to surrender. Not
one of the party has returned, except a wounded man sent in this
morning by the Mexican commander, so that I cannot report with
confidence the particulars of the engagement or the fate of the offi-
cers, except that Captain Hardee was known to be a prisoner and
unhurt. Captain Thornton, and Lieutenants Mason and Kane, were
the other officers. The party was 63 strong.
Hostilities may now be considered as commenced, and I have this
day deemed it necessary to call upon the governor of Texas for
four regiments of volunteers — two to be mounted and two to serve
as foot. As some delay must occur in collecting these troops, I
have also desired the governor of Louisiana to send out four regi-
1 lents of infantry as soon as practicable. This will constitute an
auxiliary force of nearly 5,000 men, which will be required to
prosecute the war with energy, and carry it, as it should be, into
the enemy's country. I trust the department will approve my
course in this matter, and will give the necessary orders to the staff
departments for the supply of this large additional force.
If a law could be passed authorizing the President to raise vol-
unteers for twelve months, it would be of the greatest importance
for a service so remote from support as this.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brev. Brig. Gen. U. S. Army commanding.
The Adjutant General of the Army,
Washington, D. C.
[No. 32.] Head-quarters, Army of Occupation,
Point Isabel, May, 3, 1846.
Sir: Since the date of my despatch No. 30, advising you of the
state of things in this quarter, the enemy has made demonstrations
on this side of the river, leading to the belief that he intended an
enterprise against our depot at this place.- Owing to the peculiar
nature of the country, and our deficiency in the proper description
Ex. Doc. No. 60. 289
of light troops, I have b^en kept ignorant, to a great degree, of
his movements. It was known, however, that he had crossed above
in considerable force, as the unfortunate result of the reconnois-
sance conducted by Captain Thornton clearly showed Owing to
the unfinished state of the field work at our position, I could not
prudently attempt any enterprise against this force for several days.
In the meantime I received information, on which I could rely
with tolerable certainty, that the enemy was preparing to cross be-
low my position, with the view of effecting a junction with the
force from above I could not believe that even with 4,000 men
he would make an attempt upon my camp opposite Matamoras, and
I was therefore compelled to suppose that the depot at this point
was the object of his movement. I was strengthened in this be-
lief by the know^ledge that provisions had become exceedingly
scarce in Matamoras since the blockade of the river. I therefore
hastened the operations on the field work, and was able, by great
exertions on the part of the troops, to bring it into a good state of
defence by the 1st of May. The 7th infantry, under Major Brown,
with Captain Lowd's and Lieutenant Bragg's companies of artil-
lery, and the sick of the army, were left in the work, and the main
force marched under my immediate command at 3| p. m. on that
day. At 11 o'clock the ^rmy bivouacked in the prairie about ten
miles from this depot, which it reached the next day without c|is-
covering any signs whatever of the enemy. Some scouts, from a
company of rangers sent forward last night, report a large force
encamped in the road, and even surprised one of its pickets, shoot-
ing several men.
I propose remaining here, if not necessarily called back to the
river, until the arrival of some ordnance supplies, and perhaps re-
cruits from New Orleans.
I respectfully enclose the reports of Captain Thornton and Cap-
tain Hardee of the recent affair, in which, witli nearly fifty dragoons,
they were made prisoners of war. Captain Hardee's, which alone
gives particulars, was of course made under tlie supposition of Cap-
tain Thornton's death. A copy of my instructions to Captain
Thornton, which will be furnished as soon as I can again have ac-
cess to my papers, will show^ that nothing was wanting on my part
in the way of caution to that officer. I abstain from further com-
ment, as a judicial investigation will no doubt be finally had in the
case. There seems no doubt that Lieutenant Mason was killed.
I regret to be under the necessity of reporting that the camp of
Captain Walker's company of rangers, betw^een this point and
Matamoras, was surprised on the morning of the 28th instant, by a
party of ranchero cavalry. Five rangers are known to have been
killed, and five others are missing. The enemy sustained some
slight loss, but of what extent is not knownu The officer of the
company and about half its strength were absent on detached ser-
vice at the time the surprise occurred. Had the men who were
left obeyed the injunctions of the captain, a tried frontier soldier,
they would never have met such a disaster. Our men and officers
19
290 Ex. Doc. No. 60.
have spirit enough, but lack prudence, which a little active service
will soon teach them.
I enclose a sketch, showing the position of the fort and the lines
occupied by the corps of the army from the 13th April to the 1st
May.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brev. Brig Gen U. S Army commanding.
The Adjutant General of the Army,
Washington, D. C.
J
Matamoras, Mexico, April 27, 1846.
Sir: I have the honor to report my arrival at this place to-day,
and to state that agreeably with your orders I proceeded to within '
three miles of La Rosia, .when I was informed that the enemy had
crossed in large numbers. Upon receiving this information, our
guide refused to go any farther. I was therefore compelled to move
on without him, in order to carry out your instructions to me. The
advanced guard was increased, and Lieutenant Mason placed in
command of it, with orders to keep about one-quarter of a mile
ahead. When he had gone about two miles, I discovered some
Mexicans near a house in a large field. I halted the advanced guard,
and went into the field myself to see them. I had not gone more
than a hundred yards when they fled; I turned round and motioned
to the advanced guard to come on. In the mean time the main body
of the squadron had come up to the advance guard, and, mistaking
my order, followed in after them; and while I was questioning a
Mexican the enemy appeared. I immediately ordered a charge, in
order to cut n^y way through them; but finding their numbers too
large to contend with any longer, I ordered a retreat; and although
entirely surrounded, we endeavored to cut our way through to
camp. In the retreat my horse fell upon me, and I was unable to
rise. I am now fully convinced that we were watched from the time
we left camp, and that preparations were so made as to prevent our
ever returning. It affords me great pleasure to say that the officers
and men under my command, both individually and collectively,
behaved in the most gallant manner.
As a prisoner of war, I am happy to inform you that attentions
and kindness have been lavishel upon m.e; as a proof of which, I
will state that upon my reporting to General Arista that a dragoon
had treated me rudely, he ordered him immediate punishment.
I have the honor to be, sir, your obedient servant,
T. B. THORNTON,
Captain 2d dragoons.
Captain W. W. S. Bliss,
Assistant Adjutant General.
Ex Doc. No. 60. 291
Matamoras, Mexico, Jipril 26, 1846.
SiRi'It becomes my painful duty to inform you of the circum-
stances which led to our being brought to this place as prisoners of
■war. Captain Thornton's command, consisting of fifty-two dragoons,
left camp, as you know, at night on the 24th instant; it marched 15
miles and halted until daylight, when the march was again resumed.
Captain Thornton's orders, as I understood them, were to ascertaiu
if the enemy had crossed the river above our camp, and to recon-
noitre his position and force. All his inquiries on the way tended
to the conviction that the enemy had crossed in strength. About
28 miles from our camp our guide became so satisfied of this fact
that he refused to go any further, and no entreaties on the part of
Captain Thornton could shake his resolution. About three miles
from this latter place we came to a large plantaiion borderino- the
river, and enclosed with a high chapparal fence, with some houses
at its upper extremity. To these houses Captain Thornton endea-
vored, by entering the lower extremity, to approach; but failing to
do so, he was compelled to pass round the fence, and entered the
field by a pair of bars, the house being situated about 200 yards from
the entrance. Into this plantation the whole command entered in
single file, without any guard being placed in front, without any
sentinel at the bars, or any other precaution being taken to prevent
surprise. Captain Thornton was prepossessed with the idea that
the Mexicans had not crossed; and if they had, that they would not
fight. I had been placed in rear, and was therefore the last to en-
ter. When I came up to the house I found the men scattered in
every direction, hunting for some one with whom to communicate.
At last an old man was found; and while Captain Thornton was
talking with him, the cry of alarm was given, and the enemy were
seen in numbers at the bars. Our gallant commander immediately
gave the command to charge, and himself led the advance; but it
was too late; the enemy had secured the entrance, and it was im-
possible to force it. The officers and men did every thing that fear-
less intrepidity could accomplish; but the infantry had stationed
themselves in the field on the right of the passage way, and the
cavalry lined the exterior fence, and our retreat was hopelessly cut
off. Seeing this. Captain Thornton turned to the right and skirted
the interior of the fence, the command following him. During
this time the enemy were shooting at us in every direction; and
when the retreat commenced, our men were in a perfect state of
disorder. I rode up to Captain Thornton and told him that our
only hope of safety was in tearing down the fence', he gave the
order, but could not stop his horse, nor would the men stop. It was
useless, for by this time the enemy had gained our rear in great
numbers. Foreseeing that the direction which Captain Thornton
was pursuing would lead to the certain destruction of himself and
men, without the possibility of resistance, I turned to the right and
told the men to follow me. I made for the river, intendino- either
to swim it or to place myself in a position for defence. I found
the bank too boggy to accomplish the former, and I therefore
292 Ex. Doc. No. 60.
Tallied the men, forming them in order of battle in the open fieldy
and without the range of the infantry behind the fence. I counted
twenty-five men and examined their arms, but almost every one
had lost a sabre, a pistol, or carbine: nevertheless, the men were
firm and disposed, if necessary, to fight to the last extremity. In
five minutes from the time the first shot was fired, the field was
surrounded by a numerous body of men. However, I determined
to sell our lives as dearly as possible if I could not secure good
treatment, and accordingly I went forward and arranged with an
officer that I should deliver myself and men as prisoners of war, to be
treated with all the consideration to which such unfortunates are
entitled by the rules of civilized warfare. I was taken to General
Torrejon, who by this time had his whole force collected in the fitld.
I found that some prisoners had already been taken; which, together
with those I had and those which were subsequently brought in,
amounted to 45 men, exclusive of Lieutenant Kane and myself.
Four were wounded. I know nothing certain of the fate of Captain
Thornton and Lieutenant Mason: the latter I did not see after the
fight commenced. I am convinced they both died bravely. The
former I know was unhorsed, and killed, as I learn, in single
combat, Romano Falcon. Lieutenant Mason's spurs were seen, after
the fight, in possession of the enemy. The br..ve Sergeant Tredo
fell in the first charge. Sergeant Smith was unhorsed and killed.
The bodies of seven men were found, including, as I believe, the
two officers above mentioned.
I was brought to Matamoras to-day about 4 o'clock, and I take
pleasure in stating that since our surrender I and my brave com-
panions in misfortune have been treated with uniform kindness and
Attention. It may soften the rigors of war for you to be informed
tuUy of this fact. Lieutenant Kane and myself are living with
General Ampudia: we lodge in his hotel, eat at his table, and his
frank, agreeable manner and generous hospitality almost make us
forget our captivity. General Arista received us in the most gra-
cious manner; said that his nation had been regarded as barbarous,
and that he wished to prove to us the contrary. Told Lieutenant
Kane and myself that we should receive half pay, and our men
should receive ample rations, and in lieu of it for today 25 cents
a piece. On declining the boon on the part of Lieutenant Kane
and myself, and a request that we might be permitted to send to
camp for money, he said no; that he could not permit it; that he
intended to supply all our wants himself. These promises have
already been fulfilled in part,
I am, sir, very respectfully, your obedient servant,
W. T. HARDEE,
* Captain 2d Dragoons,
[No. 33.] Head-quarters, Army of Occupation,
Point Isabel, May 5, 1846.
Sir: On the morning aad during the day of the 3d instant, a
Ex. Doc. No. 60. 293
heavy cannonade was heard in the direction of Matamoras.
Though n6t at all solicitous in regard to the safety of our fort, I
was anxious to hear from Major Brown, and despatched a party to
communicate with him under cover of a squadron of cavalry. The
squadron returned on the morning of the 4th, after reconnoitring
the enemy's position on the prairie, but without bringing news
from Major Brown, the party sent forward to communicate not
having returned. This morning, however, the party which was
conducted by Captain Walker, of the rangers, returned to this place,
bearing a despatch from INIajor Brown, which I have the honor to
submit herewith. I cannot speak too highly of the good conduct
of Major Brown and his command, and the excellent dispositions
of himself and the engineer oificer, Captain Mansfield, by which so
severe a cannonade was sustained with so little loss.
I am waiting at this place the arrival of the recruits from New
Orleans, when I shall move forward to join Major Brown and
assume offensive operations.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A. commanding.
The Adjutant General of the Army.,
Washington y D. C.
Head-quarters, Fort Texas,
May 4, 1846.
Sir: I have the honor to report that on the morning of the 3d
instant the enemy's batteries opened on us at 5 o'clock. The firing
commenced at the small sandbag fort, and was continued w^ith "
seven guns. Our batteries were immediately manned, and a strong
fire kept upon it from our batteries of eighteen and six-pounders
until the firing ceased from it; this battery ceased firing in thirty
minutes after our batteries opened upon it, two of the guns of the
enemy supposed to be dismounted.
The enemy then commenced firing from the lower fort and mortar
battery. One mortar only observed, which was removed from the
sand-bag fort, from whence the first shell was thrown; this fire was
kept up briskly; and although the shot were generally well aimed,
they did us no harm.
After this removal of the guns of the enemy from the sand-bag
fort, I ordered a deliberate tire from Captain Lowd's battery on
their guns and the town, ordering the consulate flags to be respected.
My men were sent to work at 7 o'clock on the unfinished curtain
and gateway, which was continued during the firing on the 3d
instant, and was nearly completed at 9 p. m. Although the fire of
the enemy was kept up with little cessation until half-past 7, there
was but one casualty, a sergeant of company " B, 7th infantr]^,'"
killed. At half-past 9 I ordered Captain Lowd to throw hot shot
into the town; the attempt was made, but the shot could not be
sufficiently heated to effect my object, to fire the town.
294 Ex. Doc. No. 60.
Finding that our six-pounders effected little the enemy's gun'^y
owing to the distance, and wishing to husband our men and means,
I ordered the fire to cease and the guns posted to repel an assault
from the rear. The enemy's fire was then concentrated on Captain
Lowd's battery, but doing no harm, although the embrasures were
frequently struck. Our 18 pounders were tired deliberately and
effectually until about 10 o'clock, when, finding that the enemy
could do us no harm, I ordered the firing to cease, as it was impos-
sible to silence the enemy's mortar, and from this we were only in
danger; at this time, 10 o'clock, the enemy's fire was suspended
temporarily, but recommenced and continued at intervals until 12
o'clock at night. It is believed that during this period the enemy
fired twelve or fifteen shot. Between two and three o'clock this
morning Captain Walker came in, and left here about 4j shortly
after reveille he returned. At 5 o'clock this morning the firing
was recommenced by the enemy, continued for about twelve or
fifteen shots, and kept up at long intervals; one shell at 11 o'clo<"ky
one at 12, one howitz and shell at 5 — all ineffectual. We are con-
stantly on the alert, and I cannot speak too highly of the efficiency
of the officers and men of my command. Our defences are con-
tinued daily, and, when necessity requires, at night.
I am, sir, respectfully, your obedient servant,
J. BROWN,
Major 1th Infantry^ commanding.
Capt. W. W. S. Bliss,
Assist. AdjH Gen. Army of Occupation^ Texas. ,
[No. 34.] Head-quarters, Army of Occupation,
Point Isabel, Texas, May 7, 1846.
Sir: I respectfully report that I shall march this day with the
main body of the army to open a communication with Major Brown^
and throw forward supplies of ordnance and provisions. If the
enemy oppose my march, in whatever force, I shall fight him. Oc-
casional guns are heard in the direction of Matamoras, showing
that every thing is right in that quarter.
Yesterday the /ecruits under Lieutenant McPhail arrived here.
After filling up the companies of the permanent garrison, (A, 1st
artillery, and G, 4th artillery,) th'C remainder of the detachment,
with its officers, was placed under Major Monroe's orders to assist
in the defence of the depot. The men are yet two raw to take the
field, though efficient for garrison defence. They will be perma-
nently assigned as soon as practicable.
The four companies of the 1st infantry are hourly expected, and
will be a seasonable reinforcement. The first shipment of volun-
teers from New Orleans may also soon be looked tor; their arrival
will enable me to open the river and free our communications.
I iiave to acknowledge your communication of April 20; copies
of your letters to Major Clark, April 11; General Brook;e, of
April 18; and Lieutenant Colonel Pierce, of April 20; "general
Ex. Doc. No. 60. 295
orders," Nos. 7 and 8; "special orders," Nos. 28, 29, 30, 32, and
38; and the Official Army Register for 1846.
I am, sir, very respectfully, your obedient servant.
Z. TAYLOR,
Brev. Brig. Gen. U. S. Ji., commanding.
The Adjutant General of the Army^
Washington^ D. C. '
[No. 35.] Head-quarters, Army of Occupation,
Camp near '■^Palo Alto,^^ May 9, 1846.
Sir: I have the honor to report that I was met near this place
yesterday on my march from Point Isabel by the Mexican forces;
and after an action of about five hours, dislodged them from their
position, and encamped upon the field. Our artillery, consisting
of two 18 poundfers and two light batteries, was the arm chiefly
engaged, and to the excellent manner in which it was manoeuvred
and served is our success mainly due.
The strength of the enemy is believed to have been about 6,000
men, with 7 pieces of artillery and 800 cavalry; his loss is probably
at least 100 killed. Our strength did not exceed, all told, 2,300,
while our loss was comparatively trifling — 4 men killed, 3 .ofl^cers
and 39 men wounded; several of the latter mortally. I regret to
report that Major Ringgold, 3d artillery, and Captain Page, 4th in-
fantry, are severely wounded; Lieutenant Luther, 2d artillery,
slightly so.
The enemy has fallen back, and it is believed has repassed the
river. I have advanced parties now throw;i forward in his direc-
tion, and shall move the main body immediately.
In the haste of this first report, I can only say that the officers
and men behaved in the most admirable manner throughout the ac-
tion.
I shall have the pleasure of making a more detailed report when
those of the diff"erent commanders shall be received.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A.^ comfnanding.
The Adjutant General
Of the Army, Washington, D. C.
[No. 36.] Head-quarters, Army, of Occupation, "'*^'"'^
Camp 3 miles from Matamoras, 10 p. m.. May 9, 1846.
Sir: I have, the honor to report that I marched with the main
body of the army at 2 o'clock to-day, having previously thrown for-
ward a body of light infantry into the forest which covers the
Matamoras road. When near the spot where I am now encamped,
my advance discovered that a ravine crossing the road had been
296 Ex. Doc. No. 60.
occupied by the enemy with artillery. I immediately ordered a
battery of field artillery to sweep the position, flanking and sus-
taining it by the 3cl, 4th, and 5th regiments, deployed as skirmishers
to the right and left. A heavy fire of artillery an'd musketry was
kept up for some time, until finally the enemy's batteries were
carried in succession by a squadron of dragoons and the regiments
of infantry that were on the ground. He was soon driven from his
position, and pursued by the battalion of artillery and a light bat-
tery, to the river. Our victory has been complete. Seven pieces
of artillery, with a great quantity of ammunition, three standards,
and some 100 prisoners, have been taken; among the latter Gen-,
eral La Vega and several other officers. On* general is understood
to have been killed. The enemy has recrossed the river, and I am
sure will not again molest us on this bank.
The loss of the enemy in killed has been most severe: our own
has been very heavy; and I deeply regret to report that Lieutenant
Inge, 2(1 dragoons. Lieutenant Cochrane, 4th infantry, and Lieu-
tenant Chadbourne, 8th infantry, were killed on the field. Lieu-
tenant Colonel Payne, 4th artillery, Lieutenant Colonel Mcintosh,
Captain Hooe, and Lieutenant Fowler, 5th infantry, and Captain
Montgomery, Lieutenants Gates, Selden, Burbank, Maclay, and
Jordan, 8th infantry, were wounded. The extent of our loss in
killed and wounded is not yet ascertained, and is reserved for a
more detailed report.
The affair of to-day may be regarded as a proper supplement to
the cannonade of yesterday; and the two taken together exhibit
the cooiness and gallantry of our officers and mon in the most
favorable light. All have done their duty, and done it nobly. It
will be my pride, in a more circumstantial report of both actions,
to dwell upon particular instances of individual distinction.
It affords me peculiar pleasure to report, that the field work op-
posite Matamorps hns sustained itself handsomely during the can-
nonade and bombardment of ICO hours. But this pleasure is alloyed
with profound regret at the loss of its heroic and indomitable com-
mander. Major Brown, who died to-day from the effects of a shelL
His loss would be a severe one to the service at any time, but to
the army under my orders it is indeed irreparable. One officer and
one non-commissioned officer killed, and 10 men wounded, com-
prise all the casualties incident to this severe bombardment.
I inadvertently omitted to mention the capture of a large number
of pack mules, left in the Mexican camp.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
J^rev. Brig. Gen. U, S. J2.^ commanding.
The Adjutant General of the Jirmy^
Washington^ D. C.
Ex. Doc. No. GO. 297
[No. 37.] Head-quarters, Army of Occupation,
Point Isabel, Texas, May 12, 1846.
Sir: I am making a hasty visit to this place for the purpose of
having an interview with Commodore Connor, whose squaiiron is
now at anchor off the harbor, and arranging with him a combined
movement up the river. I avail myself of the brief time at my
command, to report that the main body of the army is now occu-
pying its former position opposite Matamoras. The Mexican forces
are almost disorganized, and I shall lose no time in investing Ma-
tamoras, and opening the navigation of the river.
I regret to report that Major Ringgold died the morning of the
11th instant, of the severe wounds received in the action of "Palo
Alto." With the exception of Captain Page, whose wound is
dangerous, the othec wounded officers are doing well. In my re-
port of the second engagement I accidentally omitted the name of
Lieut. Dobbins, 3d infantry, among the officers slightly wounded,
and desire that the omission may be supplied in the despatch
itself. I am under the painful necessity of reporting that Lieu-
tenant Blake, topographical engineers, after rendering distin-
guished service in my staff during the affair of the 8th instant,
accidentally shot himself with a pistol on the following day, and
expired before night.
It has been quite impossible, as yet, to furnish detailed reports
of our engagements with the enemy, or even accurate returns of the
killed and wounded. Our loss is not far from 3 officers and 40
men killed, and 13 officers and 100 men wounded, while that of the
enemy has, in all probability, exceeded 300 killed. More than 200
have beeu buried by us on the two fields of battle.
I have exchanged a sufficient number of prisoners to recover the
command of Captain Thornton. The wounded prisoners have been
sent to Matamoras; the wounded officers on their parole. General
La Vega, and a few other officers, have been sent to New Orleans,
having declined a parole, and will be reported to Major General
Gaines. I am not conversant with the usages of war in such cases,
and beg that such provision may be made for these officers as may
be authorized by law. Our own prisor^ers have been treated with
great kindness by the Mexican officers.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A., cominanding.
The Adjutant General of the Army,
Washington, D. C.
[No. 40.] Head-quarters, Army of Occupation,
City of Matamoras, May 18, 1846.
Sir: I have the honor to report that my very limited means for
crossing rivers prevented a complete prosecution of the victory of
the 9th inst. A ponton train, the necessity of which I exhibited
to the department last year, would have enabled the array to cross
on the evening of the battle, take this city, with all the artillery
298 Ex. Doc. No. 60.
and stores of the enemy, and a great number of prisoners; in short,
to destroy entirely the Mexican army. But I was compelled to
await the arrival of heavy mortars, with which to menace the town
from the left bank, and also the accumulation of small boats. In
the meantime the enemy had somewhat recovered from the confu-
sion of his flight, and ought still, with the 3,000* men left him, to
have made a respectable defence. I made every preparation to
cross the river above the town, while Lieutenant Colonel Wilson
made'a diversion on the side of Burrita,and the order of march was
given out for 1 o'clock yesterday, from the camp near Fort Brown,
when I was waited upon by General Requena, empowered by Gen-
eral Arista, commanding in chief the Mexican, forces, tr> treat for
an armistice until the governments should .finally settle the ques-
tion. I replied to this that an armistice was out of the question;
that a month since I had proposed one to General Ampudia, which
was declined; that circumstances were now changed; that I w.as
receiving large reinforcements, and could not now suspend opera-
tions which 1 had not initiated or provoked; that the possession of
Matamoras was a si7ie qua non; that our troops would occupy the
town, but that General Arista might withdraw his forces, leaving
the public property of every description.
An answer to the above was promised in the afternoon; but none
came; and I repaired at sundown to join the army, already in po-
sition at a crossing some two miles above the town. Very early
this morning the. bank was occupied by our two 18 pounders and
three batteries of field artillery, and the crossing commenced. The
light companies of all the battalions were first thrown over, fol-
lowed by the volunteer and regular cavalry. No resistance was
made, and I was s®on informed, from various quarters, that Arista
had abandoned ^the town with all his troops the evening before,
leaving only t^e sick and wounded. I immediately despatched a
staff officer to the prefect to demand a surrender, and in the mean
time a commission was sent by the prefect to confer with me on
the same point. I gave assurances that the civil rights of the citi-
zens would be respected; and our troops at once dropped down
opposite the town and crossed at the " upper ferry," the American
flag being displayed at " Fort Paredes," a Mexican redoubt near
the crossing. The different corps are now encamped in the out-
skirts of the city. To-morrow I shall make suitable' arrangements
for the occupation of the town, and for taking possession of the
public property. More that 300 of the enemy's wounded have been
left in the hospitals. Arista is in full retreat towards Monterey
with the fragments of his army.
I deeply regret to report that Lieutenant George Stevens, a very
promising young officer of the 2d dragoons, was accidentally
drowned this morning while attempting to swim the river with his
squadron.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. ^., commanding.
The Adjutant General of the Army^
Washington^ D. C.
Ex. Doc. No. 60. 299
[No. 42.] Head-quarters, Army of Occupation,
MatamoraSj Mexico, May 20, 1846.
Sir: On the 26th of April, I had occasion to advise the depart-
ment that hostilities had actually broken out, and that, in conse-
quence, I had found it necessary to use the authority with which I'
was vested, and call upon the governors of Louisiana and* Texas
for a force each of four regiments. The eight regiments thus
called for would make a force of nearly 5,000 men, which I deemed
sufficient to meet the wants of the service in this quarter.
At the same time that I wrote to the governor of Louisiana re-
questing this volunteer force, I addressed a letter to General Gaines
desiring him to assist in organizing these regiments and having
them properly supplied. In my communication to the governor,
the organization was very exactly prescribed, being that indicated
from your office on the 25th of August, 1845. I find, however,
that this organization has been" exceeded; and, moreover, that
General Gaines has called for many more volunteers than I deemed
necessary, extending the call to other States besides Louisiana. It
will, of course, be for the government to decide whether the future
operations in this quarter will require the amount of force (entirely
unknown) which is coming hither. I only desire to say that this
reinforcement, beyond the eight regiments mentioned above, was
never asked for by me, and that, in making the call of the 26th of
April, I well knew that if the Mexicans fought us at allj it would
be before the arrival of the volunteers.
It was for the rurpose of clearing the river, and performing such
further service as the government might direct, that I thought it
proper to ask for leinforcements.
It is extremely doubtful whether the foot regiments from Texas
can be raised, and I shall desire the governor, who is expected
here, to suspend the call lor them. None of the mounted com-
panies, except Capt. Price's, already in service, have reported to
me.
I fear that the volunteers have exhausted the supply of tents de-
posited in New Orleans for the use of this army. We are greatly
lin want of them, and I must request that immediate measures be
taken to send direct to Brazos Santiago say 1,000 tents for the use
of the army in the field. The tents of the 7th infantry were cut
up to make sand-bags during the recent bombardment of Fort
Brown.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A., commanding.
The Adjutant General of the Army,
Washington, B.C.
300 Ex. Doc. No. 60.
[No. 43.] Head-quakters, Army of Occupation,
Matamorasj Mexicoy May 21, 1846.
Sir: Not being fully in possession of the views or policy of the
government in regard to operations in this quarter, modified, as
they perhaps have been, by the recent defeat of the Mexican army,
I have th*e honor respectfully to solicit fuither instructions for my
guidance.
Our future movements must depend, in a great degree, on the
extent to which the Rio Grande is navigable for steamboats, and I
fear that my expectations in this particular will not be realized.
Though at limes navigable as high as Camargo, or even Mier, it is
doubtlul whether a boat can now be pushed higher than Reinosa.
Indeed, the "Neva," which is in the river and accompanied the
expedition under General Smith, has not yet reached this place,
though hourly expected. Could we establish and keep up by
water a depot at Camargo, operations might be carried on in the
valley of the San Juan, towards Monterey, the first city of import-
ance in that direction. A direct movement from this point to
Monterey would require vast transportation, chiefly by pack-mules,
and would, moreover, be hazardous in summer on account of the
scarcity of water, part of the route being supplied by wells only.
The country between this and Monterey, by whatever route, can-
not support an army.
I shall lose no time in ascertaining the practicability o*f the river
for steamboats, ind shall occupy Reinosa and such other points aS
a boat may be able to reach.
All the cavalry, regular and irregular, of the army, under com-
mand of Lieutenant Colonel Garland, is in pursuit of the retreating
army, to harass its rear and capture prisoners and baggage. We
have no authentic intelligence from the lieutenant colonel since his
departure; deserters, however, are coming in from the Mexicans.
Lieutenant Colonel Wilson's battalion 1st infantry, with some
200 volunteers, was at Burrita on the 17th, and has since been re-
inforced by General Smith with about 700 Louisiana volunteers.
This column is ordered to move up the right bank of the river, and
I look hourly for its arrival.
A large amount of public stores, chiefly ordnance, has been found
concealed in this town. We are gradually recovering it from the
places where it was hidden. Two field pieces, several hundred
muskets, and 200 shells, are among the articles recovered.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. Ji.j commanding.
The Adjutant General of the Army,
Washington J B.C.
Ex, Doc. No. 60. 301
[No.' 44.] Head-quarters, Army of Occupation,
City of MatamoraSj May 24, 1846.
Sir: I have to report the arrival this day of General Smith, with
the battalion of the 1st infantry, the Washington regiment of the
Louisi;na volunteers, and a company of volunteers from Mobile.
Another regiment of Louisiana volunteers is below, and will prob-
ably arrive this evening or to-morrow. This command was accom-
panied from the mouth of the river by the steamboat "Neva,"
which succeeded without diffiiulty in reaching this place.
Lieuten-ant Colonel Garland rtturned on the 22d from his expe-
dition in pursuit of the retreating army. He succeeded in captur-
ing a small rear party, after a trifling skirmish in the night, in which
a man, and unfortunately a woman, were killed on the Mexican sidcj
and two fnen slightly w^ounded on our own. He pursued the route
of the' array for sixty miles, and then returned agreeably to his in-
structions. The scarcity of water and condition of his horses made
it useless to proceed further.
I would -respectfully solicit instructions as to the disposition to
be made of certain property captured in the camp of General Aris-
ta. A pavilion and several pieces of massive plate are among the
articles. His clothing and other property, purely personal, have
been deposited in this city, Avith a view of being returned to him.
I would suggest that the pavilion be sent to Washington, to be dis-
posed of as the President may direct.
The recovery of ordnance and other public stores still continues
here. Two pieces of cannon have been taken from the river, and
small arms in. considerable numbers have been taken in the town,
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. Jl., commanding.
The Adjutant General of the ./irmy,
Washington, D. C. ■
[No. 46.] Head-quarters, Army of Occupation,
Matamorasy May 29, 1846.
Sir: The communication addressed to your office by the Commis-
sary General of Subsistence, dated the 9th instant, relative to the
relief of Captain Waggaman, together with a copy of your reply
thereto, has been received. In reply, I beg leave to state that the
interests of the service will not, in my opinion, justify the relief of
Captain Waggaman, except by an officer of the subsistence depart-
ment proper. In this opinion the captain himself fully concurs.
Indeed, the wants of the service in this quarter, particularly in the
event of otFensive operations, will require an increase rather than
admit of a dimihuticn of officers ,of the subsistence department;
302 . Ex. Doc. No. 60.
•with these views, I must decline giving orders for the relief of
Captain Waggaman, by an officer taken from the line.
1 am, sir, verv respectfully, your obedient servant,
' ' Z. TAYLOR,
Brevet Brig. Gen. U. S. ^., commanding.
The Adjutant General of the Army^
. Washington J D. C.
. Office of Commissary General of Subsistence,
Washington, May 9, 1846.
General: I have to request that Captain George G. Waggaman,
Commissary of Subsistence, may be relieved from duty with the
^' Army of Occupation," and orderied to report for duty at this office.
I regret the necessity of relieving an officer who has been so effi-
cient as Captain Waggaman, but his health is much impaired by the
climate, and another summer in that region will endanger his eye-
sight. This information in relation to Captain Waggaman is de-
rived from General Worth and other officers. He has not applied
to be relieved.
I have further to request that General Taylor maybe directed to
select an experienced assistant commissary to take charge of the
commissariat with this army for the present.
Very respectfully, your obedient servant,
GEO. GIBSON, C. G. S.
Brigadier General R. Jones,
Jidjutant General, Head-quarters.
[No. 47. J Head-quarters, Army of Occupation,
Matamoras, May 30, 1846.
Sir: In reply to your communication of the 8th instant, calling
for information relative to deserters who were shot near Matamo-
ras, I have to state that soon after my arrival on the Rio Grande
the evil of desertion made its appearance, and increased to an alarm-
ing extent; that inducements were held out by the Mexican autho-
rities to entice our men from their colors, and that the most efficient
measures were necessary to prevent the spread of this contagion.
As our deserters, by merely swimming the river, were at once in the
enemy's lines, pursuit and apprehension with a view to trial were
out of the question. I therefore deemed it my duty, and warranted
by the hostile attitude of the Mexicans, whose commanders as-
sumed that a state of war existed, to give orders that all men seen
swimming across the river should be hailed by our pickets and or-
dered to returnj and in case that they did not return, that they
w.ould be shot. These orders were verbally given to the several
commanders on or about the 1st of April. I annex a description
of two soldiers who are supposed to have been shot under this or-
Ex. Doc. No. 60.
303
der, remarking that it was impossible in the first instance to iden-
tify the individual with absolute certainty while in the act of cross-
ing the river; and, in the second, to ascertain whether he were
actually killed, the occurrence taking place at night. I beg leave
to add, that these measures seem to have checked and nearly stopped
the practice.
How far I should have been justified in seeing our ranks daily
thinned by the insidious arts of the Mexican general, without re-
sorting to the most efficient steps to stop it, I cheerfully leave to
the decision of the War Department. It may not be improper to
say that it is known that some of oiir deserters were employed
against us, and actually served guns in the cannonade and bombard-
ment of Fort Brown.
As connected with this subject, I enclose an original draught,
found in General Arista's papers, of an invitation to our soldiers
to 'desert. A similar call was previously made by Ampudia, and
has already found its way into the public prints. The department
may see from these documents what arms were used against us.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brev. Brig. Gen. U. S. A.^ commanding.
The Adjutant General of the Army,
Washington^ D. C.
Description of deserters supposed to have heen shot in attempting to
cross the Rio Grande.
No.
Name.
Rank.
Regiment.
Comp'y.
Where born.
Remarks.
1
2
Carl Gross..
Henry Laub.
Private
Private
7th inf.
5th inf.
I
France
Switzerland
1
Deserted April 1st. Sup-
posed to have been shot in
attempting to cross the
Rio Grande.
Dese^rted April 5th. Fired
upon and supposed to have
been killed in attempting
to cross the Rio Grande.
Head- QUARTERS, Army or Occupation,
Matamoras, May 31, 1846.
W. W. S. BLISS,
Assistant Adjutant Generdl.
General Aristah advice to the soldiers of the United States army.
Soldiers! You have been enlisted in time of peace to serve in
that army for a specific term, but your obligation never implied
304 EiX. Doc. No. 60.
that you were bound to violate the laws of God, and the most sa-
cred rights of friends! The United States government, contrary to
the wishes of a majority of all honest and honorable Ameiuans,
has ordered you to take forcible possession of the territory of a
friendly neighbor, who has never given her consent to such occu-
pation In other words, while the treaty^ of peace and commerce
between Mexico and the United States is in lull force, the United
Slates presuming on her strength and prosperity, and on our sup*
posed imbecility and cowardice, att<^mpts to make you the blind,
instruments of her unhaly and mad ambition, ^iid forces you to ap-
pear as the hateful robbers of our dear homes, and the unprovoked
violaters of our dearest feelings as men and patriots. Such villainy
and outrage 1 know are perfectly repugnant to the noble sentiments
of any gentleman; and it is base and foul to rush you on to cer-
tain deaths in order to aggrandize a lew lawless individuals, in
defiance of the laws of God and man! It is to no purpose if they
tell YOU that the law for the annexation of Texas justifies your oc-
cupation of the Ilio Bravo del Norte; for by this act they rob us
of a great part of Tamaulipas, Coahuila, Chihuahua, and JYew
Mexico, and it is barbarous to send a handful of men on such an
errand against a powerful and warlike nation. Besides, the most
of you are Europeans, and we are the declared friends of a majority
of the nations of Europe. The North Americans are ambitious,
overbearing, and insolent, as a nation, and they will only make use
of you as vile tools to carry out their abominable plans ol pillage
and rapine. I warn you, in the name of justice, honor, and your
own interests and self-respect, to abandon their desperate and un-
holy cause, and become peaceful Mexican citizens. I guaranty
you in ^uch case, a half section of land, or 320 acres, to settle
ipon, gratis. Be wise, then, and just and honorable, and take rio
part in murdering us who have no unkind feelings lor you. Lands
shall b£ given to officers, sergeants, and corporals according to
rank; privates receiving 320 acres, as stated.
If in time of action you wish to espouse our cause, throw away
your arms and run to us, and we will embrace you as true friends
and Christians. ti . i i i c
It is not decent or prudent to say more. But should any ot you
render any important service to Mexico, you shall be accordingly
considered and preferred.
Head-quarters at Matamoras, April 20, 1846. , ^^^^ ,
M. ARTS 1 A,
Commander-in-chief of Mexican army.
r^Q 48 1 Head-quarters, Army of Occupation,
I' ' '^ Matamoras, June 2, 1846.
Sir- I respectfully acknowledge your communication of May 9,
returning the muster roll of Captain Gillespie's company, to be
tent to Colonel Harney for completion. The necessary instruc-
tions have been given for the due completion of these rolls.^
Ex. Doc. No. 60. 305
I deem it proper to remark that the most careful instructions
■were given by ray stalf officers for the execution of the duty of
mustering the voIunteers'Ht Austin and San Antonio. Extracts of
the laws and gt^neral orders governing the subject were communi-
cated to the mustering officers, and no means omitted, by written
directions, of securing a proper performance of the duty. It ap-
pears that in Major Beall's case it was correctly performed.
It will not, I hope, be deemed out of place to call your attention
to the great delay which results from forwarding any communica-
tion to San Antonio by way of my head-quarters. Our communi-
cations with that point are to the last degree uncertain, and gen-
erally occupy nearly as much time as to communicate with the seat
of sfovernment.
While serving on the Rio Grande, or beyond it, I cannot be ex-
pected to exercise a very direct supervision over affairs on the In-
dian frontier of Texas.
In view of my necessary remoteness from the frontier stations,
snd my inability to reinforce them by regular troops, I authorized
Colonel Harney, when hostilities first broke out in this quarter, to
call upon the governor of Texas for an auxiliary force, if one should
be indispensable, to hold the Indians in check. He has availed
iiimsflf of this authority, and called upon the governor for seven
companies.
I have no very recent advices from that quarter.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A.^ commanding.
The Adjutant General of the Army^
Washington, D. C.
[No. 49.] Head-quarters, Army of Occupation,
Mutamoras, June 3, 1846.
Sir: I respectfully enclose herewith a field return of the forces
in and near Mutamoras, both regular and volunteer. The corps
known to have arrived at Point Isabel, of which no returns have
yet been received, will carry the entire force under my orders to
nearly 8,000 men.
I am necessarily detained at this point for want of suitable trans-
portation to carry on offensive operations. There is not a steam-
boat at my command proper for the navigation of the Rio Grande,
and without water transportation I consider it useless to attempt
any extensive movement. Measures have been taken to procure
boats of suitable draught and description, and one or two may be
now expected. In the mean time I propose to push a battalion of
infantry as far as Reinosa, and occupy that town. For any opera-
tions in the direction of Monterey it will be necessary to establish.
a large depot at Camargo, which I shall lose no time in doing as
20
306 Ex. Doc. No. 60.
soon ss proper transports arrive, unless I receive counter instruc-
tioBS from the department.
I trust the department will see that I could not possibly have
anticipated the arrival of such heavy reinforcements from Louisiana
as are now here and on their way hither. Without large means of
transportation, this force will embarrass rather than facilitate our
operations. I cannot doubt that the department has already given
instructions, based upon the change in our position, since my first
call for volunteers.
Our last accounts of Arista represent his force to be halted at
Coma, an extensive hacienda on the Monterey road, about 100
miles from this point. He has pickets covering the roads leading
to Matamoras, with a view to cut off all communication with the
interior. The departmental authorities have issued a decree, de-
nouncing as traitors all who hold intercourse with us, or with those
who do so. I am nevertheless disposed to believe that in some
quarters, at least, our presence is not unfavorably viewed. We
liave no intelligence from the city of Mexico.
Ordnance stores and other munitions of war are continually dis-
covered in the town. Five pieces of cannon and a very large
amount of balls, shells, and ammunition generally, have been
brought to light.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Bi evet Brig. General U. S. Ji.^ commanding.
The Adjutant General of the Army.,
Washington y D. C.
[No. 50.] Head-quarters, Army of Occupation,
Matamoras^ June 7, 1846.
Sir: I respectfully enclose herewith the return of the army of
occupation for April.
We have been many days without intelligence from the north;
our last date from New Orleans being May 26th, and from Wash-
ington May 16th. I anxiously await advices and instructions from
general head -quarters.
The body of the Mexican forces is understood to be in the vicin-
ity of Linares. We hear from quite good authority that General
Garcia has died, and General Torrejon is severely ill from fever,
and that the troops are suffering from the same cause.
From the south we learn — but I hardly know what dependence
to place upon the information — that General Alvarez, who some
time since raised the standard of revolt, has declared in favor of
Henera, and that the troops ordered against him by Paredes had
joined his party. There can be little doubt that there is some com-
motion in or near the capital. I have not heard from Vera Cruz
since tha arrival of the fleet.
Lieutenant Colonel Wilson's command marched yesterday. I
Ex. Doc. No. 60. 307
await the proper kind of transportation to push forward supplies
to Camargo.
I have to acknowledge "general orders" No. 12, and "special
orders" Nos. 40 and 41.
I am, sir, very resDcctfully, your obedient servant,
Z. TAYLOR,
Brevet Brigadier General U. S. A.^ commanding.
The Adjutant General of the Army,
Was king ton J D. C.
[Nos. 53 & 54.] Head-quarters, Army of Occupation,
Matamoras, June 24, 1846.
Sir: I respectfully enclose herewith the return of the regular
troops of the army of occupation for May, 1846.
We are still without advices from general head-quarters later
than the 26th of May, although the newspapers bring intelligence
as late as the 8ih of June. A mail is hourly expected, and 1 can-
not explain why it has been so long delayed in New Orleans.
Some volunteers have arrived at Brazos Santiago from Tennes-
see, presumed to be of the 12-months quota- but I have received
no report from their commander. The volunteers w^hich previously
arrived from New Orleans have nearly all moved to Barrita, except
two regiments at this place; and I shall bring them up the river as
soon as I can procure transportation, which I am impatiently await-
ing, and for want of which I am still unable to make a forward
movement. The volunteers from Texas are encamped near Point
Isabel, and are now organizing under the direction of the gover-
nor.
We have no authentic intelligence from the interior of Mexico.
The army at Linares is believed to be moving towards Monterey,
much reduced in numbers by desertion and sickness. It is rumored
that Bustamente is at the head of the government, and that Parede*
is advancing with a large force to this frontier. Another report
places Herrera at the head of affairs, but there seems to be no in-
telligence on which we can safely rely.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Brig. Gen. U. S. A.^ commanding.
The Adjutant General of the Army,
Washington, B.C.
War Department,
Viashington, June 26, 1846,
Sir; The cjeparlment has been very much embarrassed by the
proceedings ot Genera] GaMies in calling out, mustering into ser-
vice, and sending to yod troops not comprised within your requisi-
Ex. Doc. No. 60.
lions on Texas and Louisiana. Those embraced in your calls, and
5ome from Alabama and Mississippi, who had left these States be-
fore General Gaines's calls could be countermanded, (the Presi-
di-nt having given validity to his proceedings to that extent,) are
legally in service; but there is some question as to the period for
\v)i ch they can be held for service. As they do not come within.
the provisions of the act of Congress of the 13th of May last, the
conclusion to which the department has arrived is that they are to
be regarded as in service by virtue of the act of 1795, and conse-
quently for the term of three months. If the exigencies of the
service should require their employment for this entire period, you
■will of course retain them to the end thereof; otherwise they are
to be discharged.
But a considerable body of troops beyond those embraced by
your requisitions and the President's sanction have been mustered
into service for six months by order of General Gaines, and have
before this time reported themselves to you. It is in relation to
these six- months volunteers that the greatest embarrassment has
been felt. They have yielded to invitations which they thought
were authoritatively made or would be sanctioned, have in most
instances made personal sacrifices to obey the impulses of patri-
otism, and gone forth in the hope of having an opportunity of ren-
dering valuable services to their country. To decline to receive
them, to send them back to their homes without giving them em-
ployment, will undoubtedly cause regret, disappointment, and
mortification; yet, after mature consideration, the government does
aot discover that there is any other alternative. They are not
lep-ally in the public service under any existing law, and the Presi-
dent cannot receive them as volunteers unless they should tender
their services for twelve months, or during the war with Mexico.
This latter alternative — that is, to become volunteers under the act
of the 13th of May — you have been authorised to tender to them.
S.ould they decline it, there is no other course but to cause them
to be returned to their respective homes. This is truly a painful
alternative, and most gladly would the government here avoid it,
if it could be done consistently with official obligations and a due
regard to existing laws.
It is presumed tha* Congress will make provision to pay them,
and authorise the expense which has been incurred in fitting them
out and in sending them to you, together with that attending their
return. Should your arrangements be such as to require the im-
mediate service of the six-months volunteers — as distinguished from
i^hose State troops legally in service — you will be justified in de-
ferring the execution of the order for their discharge. Indeed, it
is hoped that many of them will become volunteers for twelve
months or during the war, so that they can be placed in service
under the sanction of law. Those who responded to your call, or
were recognized by the order of the President, can be retained
three months; but if their services are not needed, or likely to be
aeeded, you will cause them also to be sent hgme and discharged.
You will perceive from the copy of a letter to the governor of
Ex. Doc. No. 60. 309
Louisiana, herewith sent, that the order heretofore given to yoK
has occasioned great dissatisfaction, and is regarded as a violation
of contract. I also send you my reply to it, which contains Xh<e
views of the government upon the whole matter. I sincerely wish
there was a course open to be pursued which would avoid the dif-
ficulties; but the dictates of duty and respect for the laws must
overrule all other considerations In executing these orders yoa
Avill do what you can to raake the pfoceedings acceptable to the
public spirited and patriotic troops who are to be aifected by it.
Very respectfully, your obedient servant,
W. L. MARCY,
Secretary of War,.
Major General Z. Taylor,
Commanding Army of Occupation en the Rio Grands.
Executive Office,
jYtw Orleans^ June 12, 1846,
Sir: I have the honor to acknowledge the receipt of a commu-
nication from the War Department, dated the 2d instant, the con-
cluding paragraph of which relates to a matter fully explained and
answered, I hope satisfactorily, in my reply to a previous despatch
from that department, of the 19th ultimo.
The communication in other respects has, I must confess, given
me the greatest surprise and uneasiness; and I cannot contemplate
the result likely to arise from the alternative which you have in-
structed General Taylor to impose on the Louisiana volunteers, of
heing sent home and disbanded, or of enlisting for twelve months
under the act of Congress of the 13th ultimo, without emotions of
decided repugnance.
, I therefore earnestly entreat the government to ponder and re-
flect upon the circumstances attending the enlistment of these
troops before consummating, as to them, an ex post facto measure
of hardship and of flagrant injustice. They were not enlisted, or-
ganized, nor mustered into the service of the United Sta'es, in
virtue of the provisions of the act of the 13th of May; and, in ray
judgment, it would be a harsh and unnecessary proceeding to sub-
ject them to the torture of enlisting under it for twelve months, or
of being ordered home in the event of an unwillingness so to enlist.
General Taylor's requisition upon this S;ate is couched, in part, in
the following terms: "I have the honor, under the authority of the
War Department, to call upon the Stale of Louisiana for four regi-
ments of intantry, to be ordered into the service with the utmost
despatch^ and for the longest period authorised by law."
The law governing and prescribing the period of enlistment is of
course the State law, section 80, of an act entitled "An act for the
organization and discipline of the militia of the State of Louis-
iana," and in the following language: "No detachment shall be re-
quired to serve more than three months at one time, unless in case
310 Ex. Doc. No. 60.
of urgent necessity, when the commander-in-chief is authorized to
detain them sixty days longer. The time in going to the place of
rendezvous and return ng from the place of discharge is not
counted in the time of service." It will be seen, by this section,
that it was necessary to strain a point to extend the period to six
months.
But the emergency appeared to demand it, and with cheerful ac-
quiescence the volunteers engaged for six months, in order that
General Taylor's requisition might be met in the spirit as well as
in the letter. The act of Congress of 28th February, 1795, (Gor-
don's Digest, article 2,411,) provides that "no officer, non-com-
missioned officer, or private of the militia, shall be compelled to
serve more than three months." Thus it is apparent that the
Louisiana volunteers were enlisted '-'for the longest period author-
ised by law," as the law then stood, and their position under it
cannot now be changed by the act of the 13th of May, unless
forced by the exercise of arbitrary power.
I also beg the department to consider, for one moment, the
circumstances under which the enlistment of these volunteers was*
required. The call upon the patriotism of Lousiana presented a
startling view of the critical and perilous situation of the army
and of Point Isabel, and left no time for calculating reflection,
and hone for delay. An absorbing, energetic sentiment of duty to
the country possessed the minds and hearts of this entire commu-
nity. The judge deserted the bench, the lawyer his clients, the
physician his patients, the merchant his counting-house, the me-
chanic his workshop, and the minister of the Gospel his pulpit, to
respond to the proclamation for volunteers; and though we had se-
vere difficulties to encounter, by union and decision of action they
were speedily overcome. In an incredible short space of time sev-
eral thousand brave and devoted men were forwarded to the seat
of war, where they happily arrived in time to enable General Tay-
lor more confidently to assupe an offensive attitude against the
enemy, and to cro.vn the brilliant victories of the 8fh and 9th, al-
ready achieved, with the conquest of Matamoras. These men were
despatched with the express condition and understanding that they
were enlisted for the term of six months, unless sooner discharged
by the cessation of hostilities.
Would it be just or expedient, I ask, or would it be in good
faith, to disband these troops now, because they might be unwil-
ling to change their terms of enlistment? I feel sure it would not,
and trust with confidence that the department will reconsider and
countermand the instructions to General Taylor on the subject.
Very respectfully, your obedient servant,
ISAAC JOHNSON.
Hon. W. L. Marcy,
Secretary of War, Washmgfon.
Ex. Doc. No. 60. 311
War DepartmenTj June 25, 1846.
Sir: I have had the honor to receive your letter of the 12th
instant, and regret to learn, as I do by its contents, that there is
considerable misapprehension as to the import of my instructions
to General Taylor in relation to organizing into volunteers for
twelve months, under the act of the 13th May last, all those troops
•which had been sent to him for a shorter term of service, and to
discharge those who should not choose to become such volunteers.
I am not a little surprised that you should characterize such a pro-
ceeding as " ex post facto measure of hardship and of flagrant in-
justice," and I am quite sure you will not view it in that odious
light when it is properly understood. Both the President and this
department too sincerely and highly appreciate the disinterested
patriotism of the volunteers, and their devotion to their country's
iaterest, to be capable of inflicting upon them any wrong or injus-
tice whatever. On the contrary, there is not a compenstion, nor a
tribute of honor, to which their services and sacrifices justly enti-
tle them, that would not be cheerfully conceded to them to the
fullest extent within the power of the government.
Your excellency does not seem to be apprized of the true import
of the order to General Taylor. You will perceive by the enclosed
extract of that order, containing all that relates to this subject,
that it is not an absolute direction to him to discharge those called
into service who do not choose to become volunteers under the
law of the 13th May. Its explicit language is, that he should pro-
ceed to organize into a volunteer force, under that act, the three-
months men; and when he should have a suflicient force of that
description — that is, of volunteers for.twelve months — to meet his
views and wishes, he was directed to discharge the remainder of
those serving for three months.
The militia from Louisiana and some other States, legally in ser-
vice with General Taylor, to whom the instructions to that otlicer
applied, were those, and only those, who were embraced in and
had responded to that general's requisitions, and those from Loui-
siana, Alabama, and Missouri, who had left their homes on General
Gaines's unauthorized calls, before notice from this department
was received that his action was irregular, and could not be sanc-
tioned. Such as had left for the Rio Grande before this notice,
though not included in General Taylor's requisition, were legally
placed in service by authority of the President. These were the
only State troops, except the volunteers under the act of the 13th
May, with whom it can be said there is any contract. And what,
let me ask, is the character of that contract? Your excellency is
clearly right in the position that the six-months volunteers are not
in service under the provisions of the act of 13th of May; and al-
low me respectfully to say, that, in my view of the case, you are
clearly wrong in supposing that the six-months volunteers are in
service for that period, or can be so received, under the law of the
State of Louisiana. Without stopping to show, as I think it could
be clearly done, that your State law does not authorize the organ-
312 Ex. Doc. No. GO.
ization of such a corps, I confidently maintain the position that by
i)o Slate law whatever can the militia be called into the service of
the United States. The federal constitution ^ives expressly and
exclusively to Congress the power " to provide for calling forth
the luilitia," &c. As your excellency concedes that " six-monlhs
Tolunteers were not called into servi^-e under the act of th*^ 13lh
of May," I am not aware of any other act of Congress providing
for calling forth the mililia but that of 1195. If, therefore, they
are legally in the service of the United States, it must be by virtue of
this act, and by its provisions their term of service must be regu-
lated. This act ex[>ressly provides that no officer or private shall
be compelled to serve more than three months in any one year after
arriving at the place of rend'^;^vous. This is " the longest period
authorized by law.'' There was no existing authority prior to the
13th of May for the employment of volunteers, except such ,as
might be turned out by the executive of a State on the President's
requisition for the State militia, and whose term of service must be,
limited to three months. Those volunteers who entered the ser-
Tic'^ before the passage of the act of the 13th of May, or subse-
quently entered the service, not under its provisions, can only be
regarded as militia; and whatever may be the militia laws of the
States with respect to the period of service, or whatever the term
for which the) may have entered, they can only be held to service,,
under the laws of the United States, for the term of three months.
It has never been understood that there is any " contract" or obli-
gation on the part of the government to retain them during that
"vvhole term. On the contrary, it has been the frequent prjactice tO'
discharge them before its expiration, and I have never learned that
such a discharge was characteriztd as a " measure of hardship and
flagrant injustice." Indeed, it is considered the imperative duty
of the governrntnt to discharge tlie militia, when thus called outj
as soon as their services are no longer needed. Considering the
short period of engagement, and the sacrifices necessarily resulting
from a sudden abandontnent of their ordinary avocations, (the ur-
gent circumstances which prompted them to hasten to the field
having ceased to exist,) it was reasonable to believe that many
would desire to return to their homes as soon as they could be
honorably discharged.
Your excellency will perceive, by my letter to General Taylor
on this subject, that I bad no reft-renip to any but three-months'
men. I haci, then, no idea that six-mouths'' volunfeers, a description of
force unknown to any law whatever, would be organized, mustered
into service, and sent to the Rio Grande. Such an organization,
even througli a call upon the executive of a State, and with his ap-
probation, would be unwarranted by law. The President himself
could not exercise, or confer on any one, the pov/er to organize
six months' volunteers; atid, consequently, he cannot give a valid
sanction to such organization, under whatever circuuistances it may
have been marie. From a high sense of duty, he has been com-
pelled to withhold his approval of what has been done in relation
lo troops thus organized, except those embraced in General Tay-
Ex. Doc. No. 60.
313
lor's requisitions, and those who had left under General Gaines's
calls belore fountermanded. These are legally in service, bul only
for a term of three months. No officer, with his express authority,
could legally muster them into service for a longer period.
While the President has been obliged to disavow the whole pro-
cecuings in relation to the six-months'' vohmteers from Louisiana^
no' embraced in General Taylor's call, he is fully sensible of the
high and patriotic feelings which have led them to embark in the
cause of their country. He properly appreciates the individual
sacrifices they have made, and sincerely regrets the disappointment
they must feel when they discover the position in which they have
"been placed, by the assumption of a power not given by law; and
the measurt^s of which you complain have been adopted with a
view to place them on a legal footing, and to afTord them an op-
portunity of serving their country without a violation of its laws.
Their case may well be regarded as a hard one; but, with the ex-
ecutive government, there is no authority to afford other relief.
Were it otherwise, it would give the President most sincere
pleasure, as it certainly would this department, to apply the rem-
edy. The best that, under existing laws, could be done, was to
offer to those six-months' volunteers, who could not be legally re-
cognised as in service, thus to put them into it by receiving them
under the law of the l3th of May. This is not only the best, but
all that could be done for these public spiiited and meritorious
men; and I exceedingly regret that this course, influenced by these
motives, has given so much uneasiness to your excellency, and, as
you think, will give so much dissatisfaction tq the troops affected
by it. The department did not seek to coerce them into service
for twelve months, as your excellency's letter would seem to im-
ply, but simply to afford an opportunity to such as might feel dis-
posed to do so, to extend their engagements to that period. If I
have here taken the right view of the law, and the duty of the Ex-
ecutive — and I am quite confident I have — you will, I trust, be con-
vinced that no alternative was left to the Executive, and that your
wishes cannot be carried out. However much you may desire that
a different course should be taken, I am quite sure you would
neither ask nor expect it, if it involved a disregard of official duty,
and a palpable violation of law.
I am apprehensive that these irregular proceedings, in sending
troops to General Taylor — not called for by him, not authorised by
the Executive of the United States, not warranted by any existing
legislative enactment — may create m.uch dissatisfaction, but it is
not in the competence of the Executive to remove the cause of it.
Having adapted, in advance, the necessary measures to meet any
emergency in the condition of the troops under the command of
General Taylor, these irregular proceedings could not be anticipated j
but, as soon as known to the department, the most prompt meas-
ures were taken to arrest them; and it is a matter of the deepest
regret that they progressed so far as they did, before the check
could be effectually applied. This department is disposed to use
all the authority it possesses to mitigate the evils which have thus
314 Ex. Doc. No. 60.
resulted. It has already asked from Congress a liberal appro-
priation to defray the expenses which have been thus incurred.
But I desire to remind your excellency, that the consequences
Avhich you so Severely lament, irremediable by the government, as
I conceive them to be, are not the only evils likely to flow from -
this unauthorised procedure. Should those troops not legally in
service be employed, it may well be questioned whether, with or
without special legislation, they will be subjected to the rules and
articles of war; whether the disbursements to them, and, on their
account, not being pursuant to any existing law, can be passed by
the accounting officers, even with the sanction of this department,
if it could be given; and, whether the public property committed
to them can be regarded as being disposed of in a legal manner.
It is true, that most of these difficulties may be removed by future
legislation; but it yet remains to be seen to what extent Congress
will feel disposed to apply the remedy. The recent debate in the
Senate on the resolution calling for the correspondence between
this department and General Gaines, will show the views enter-
tained by some of the prominent members of that body upon the
subject, and the obstacles to be apprehended in the way of pro-
curing the favorable interposition of Congress. While I commend
the patriotic spirit which animated the citizens of your State, I
cannot but regret that it had not been more cautiously <iirected.
Had such been the case, the country might have been as well
served, a profitless expenditure avoided, and tke extent of personal
sacrifices greatly circumscribed. But as it is, I can assure your
excellency I am disposed, and ready, to do all that can be legally
and properly done to comply with your wishes, and carry out the
expectations of those who think they have cause to complain of
hardships and injustice.
Considering the heavy sacrifices to which most of those patri-
otic men had submitted, it certainly was not anticipated that the
execution of the instructions to General Taylor would have been
so unwelcome to them, or, at least, to such of them as were un-
willing to volunteer under the act of the 13th of May. Indeed, it
might well have been supposed that "the judge [who] deserted the
bench, the lawyer his clients, the physician his patients, the mer-
chant his counting-house, the mechanic his workshop, and the
minister of the gospel his pulpit, to respond to the proclamation
for volunteers," would have desired to return to their respective
avocations, when the exigencies of the publ'c service no longer re-
quired the continuance of the praiseworthy sacrifices of individual
interest and duty, imposed by a devotion to their country.
It is hoped that the explanations which have been given will
satisfy your excellency that, so far from an entire disregard to the
feelings and rights of the patriotic volunteers from your State, and
of the obligations of the United States towards them, I was governed,
in issuing the order referred to, by high considerations of public
duty, and by the most sincere desire to do whatever I could within
Ex. Doc. No. 60, 315
the range of that duty to gratify the wishes and promote the best
interests of the volunteets themselves.
I have the honor to be, very respectfully,
Your obedient servant,
WM. L. MARCY,
Secretary of War.
His Excellency Isaac Johnson,
Governor of Louisiana, JVew Orleans.
[No. 57.] Head-quarters, Army of Occupation,
MatamoraSj July 1, 1846,
Sir: Your communication of May 25, and that of the Secretary
of War, dated May 28, relative to the volunteers who have been
mustered for a less period than twelve months, have been carefully
considered, and I have now respectfully to state that the volunteers
from Louisiana and Texas that were raisefl in obedience to my
original call, volunteered for the term of six months, and beyond
doubt consider themselves bound for that period. The same remark
applies to the two additional Louisiana regiments, the regiments
from St. Louis and Louisville, and seven companies from Alabama.
After consultation with General Smith, 1 have deemed it best not
to open the subject of volunteering for twelve months to any of
these corps, believing that whatever number might be willing to
enrol themselves for that period, the evils of disorganization would
far outweigh any practical good likely to result from the change.
Much alarm and dissatisfaction have already been exhibited by these
volunteers at receiving from home the rumor that they were to be
disbanded unless they would volunteer for twelve months. They
volunteered, with a promptness and enthusiasm seldom exhibited
in any country, for the period of six months, and are willing and
anxious to serve out their term if there be any prospect, however
remote, of actual collision with the enemy. Should the expiration
of the six months find them engaged in active operations, I doubt
not a vast majority, perhaps all, would gladly continue their ser-
vice until the close of the campaign.
I need not assure the department that the excess of volunteer
force bejopd my requisition, was sent to the army against my ex-
pectation and wish; but now that the regiments are on the ground,
naturally anxious for service, already well organized and somewhat
instructed, I would respectfully recommend that I be allowed to
retain them until the expiration of their service, exercising the dis-
cretion of discharging any corps who may desire it before that time.
They are impatient for service, and I shall spare no exertions to
employ them actively and usefully while they remain.
In a day or two I will furnish a return of all the volunteer force.
In the mean time the strength of the regiments who are enrolled
316 Ex. Doc. No. 60.
for less than twelve months may be approximately estimated at
SjOOO men.
1 am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brevet Major General U. S. Ji.^ commanding.
The Adjutant General of the Army,
Washington, D. C.
War Department,
Washington, August 3. 1346.
Sir: Your let,ter of the 1st ultimo, requesting permission to retain
the six months volunteers in service to the emi of the term for
which they en^r-aged, has been received, and laid before the Presi-
dent for his consideration.
When you take into view my letter of the 25th of June to the
governor of Louisiana, (with a copy of which you have been fur-
nished,) you will perceive the legal embarrassments which are ap-
prehended to be in the way of complying with this request. The
positions laid down in that letter are deemed to be correct, and to
extend the term of service of the volunteers to six months in such
a manner as not to come in conflict with them, is the difficulty now
presentt'd.
Upon a further consideration of the subject, I am confirmed in
the opinion that by operation of the law of 1795, which gave
the authority to call out the troops in question, the legal term of
service is only three months. Their voluntary engagement for a
longer term could not, it is apprehended, be made obligatory on
tht-m by any subsequent executive sanction. I do not question that
you are right in assuming that there is no reason to doubt the readi-
ness, on the part of the troops, to continue m service for the entire
six months; s;iil, many difficulties would arise from attempting to
txtend the teim beyond the legal limit by an executive order or
permission to that etfect. I scarcely need point them out to you.
Ttiey have reference to the authority to pay for their services, to
make disbursements on their account, and to enforce the laws and
regulations for the government, of the army in respect lo them.
Tiie executive could not give his sanction to retaining troops in
public employment for any period of time, however brief, unless he
was clearly convinced it could be done with the unquestionable
sanction of law.
You will perc<?ive by what is here stated, and by the views pre-
sented in the letter to the governor of Louisiana, the difficulties of
coHiplyiniT with your request; yet I can assure you that on my own
pHri, as Well as on that of the President, a most sincere desire is
fell to >urmount these difficulties and to carry out your wishes, con-
viiH-ed as we both are that they have a special regard to the good
of the Service.
It 's believed that the services of these volunteers for the period
of six months can be obtained in a way which will avoid all legal
Ex, Doc. No. 60. 317
embarrassments. No doubt is entertained here, that, under the Itiw
of the 13th of May last, the President may accept voluntrers with
an understanding, either expressed o"* implied, that th'y shall be
disfharged at any period short of twelve months. The six tnoiiths
volunteeis could all be brought legally into service under and by
virtue of this act, and retained only to the end of the period of
their voluntary agreement. You are, therefore, authorizetl to re-
ceive all or any part of those referred to in your letter of the 1st
of July into tjie service of the United States, as a portion of the
fifty thousand volunteers which the President is authorized to ac-
cept, and to discharge them at or before the end of the period for
which they volunteered.
Should they be taken into service in this way, and with the un-
derstanding that they are to be discharged at the end of six ninnihs
from the time when they entered the service, it is not doubttd
your expectation would be realized, that " should the expiration of
the six months find them engaged in active operations, a vast ma-
jority, perhaps all, would gladly continue their service until the
close of the campaign."
Such as have received clothing, or pay in lieu thereof, for six
months, w-ould, of course, have no further claim upon the govern-
ment on that account.
Very respectfully, your obedient servant,
W. L. MARCY,
Secretary of War,
Major General Z. Taylor,
Commanding Army of Occupation on the Rio Grande.
[No. 60.] Head-quarters, Army of Occupatiox,
Matamoras, July 16, 1846.
Sir: In my communication of July 1st, I stated that the volun-
teers from Louisiana and Texas, raised in pursuance of my original
call and the requisitions of Major General Gaines, had been mus-
tered for six months, and doubtless considered themselves bound
for that period. Such was my impression, and it was, I believe, a
correct one at the time. It seems, however, that the question has
been started'among the Louisiana volunteers, perhaps by mischiev-
ous persons, whether they can be held for a longer term than three
months; and,' at the request of Brigadier General Smith, I now
have the honor to submit the question to the highest authority.
General Smith contends that they may be retained; and to do jus-
tice to his argument, I enclose herewith his communication on the
subject. My own view certainly is, that they cannot be legally
held after the expiration of three months' service; but, at any rate,
I should deem it highly impolitic to keep them against their will,
except with the law clearly in favor of such retention. I shall,
therefore, order the discharge and muster out of service of any
regiments that may claim it at the expiration of the three months'
service. I do this the more readily, as I shall soon have more 12
318 Ex. Doc. No. 60.
months volunteers than I can possihly provide transportation for
into the interior of the country.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Major General U. S. A.^ commanding.
The Adjutant General of the Mrmy,
Washington^ D. C.
Head-quarters, Louisiana Brigade of Volunteers,
Camp at San Juan de Buena Vista, July 15, 1846.
Captain: I find myself very much embarrassed by the opinion
expressed by General Scott, in a letter to the Secretary at War, on
the subject of his plan of campaign here. Arguing on the impos-
sibility of commencing operations here before the fall, he says that
the six months volunteers cannot be retained legally a day over
three months, and any exertion of martial law over them after that
day will subject any one attempting it to punishment or retribution.
Now, this letter has been circulated by some one interested in pro-
ducing disorder, and there is great danger that an attempt will be
made, at the end of three months, to claim a release from service,
and that officers will be afraid to incur the responsibility of resist-
ing it in the face of the opinion of the commanding general of the
army. Having neither the letters nor the laws at hand, I can quote
only from memory; but I will briefly slate my view of the ques-
tion.
Under the laws of the United States the President could only
(previous to May 13, 1846) compel the militia to serve three
months. This evidently was one of those jealous restrictions on
the power of the general government in favor of the rights of the
States and of the people. The President cannot exact or compel a
longer service than three months. But a provision of law made
to protect the rights of any class or person, and with no other view,,
may be waived by that class or person. The object of the law is
to restrain the exertion of power over them, not to limit or restrain
their own action. So in Louisiana certain acts of married women,
and obligations contracted with them, are null; but they can waive
the benefit of these provisions, and are bound by the .obligations
then made. Now, both the State of Louisiana, by the law pro-
viding for the raising of this brigade, and the volunteers, by their
enrolment and mustering into service, by their acceptance of the
bounty, and other advantages offered by the State to those who
should engage for six months, have expressly waived the restriction
made in ihsir favor, and the volunteers are bound by the engage-
ments so made. Besides, the 2d section of the act of 13ih May,
1846 may have an important bearing on this point. The claim is
m?de, that, being militia called into the service by the President
through his delegate, they cannot be compelled to serve but three
months. Now, if they have been so called into service by the
President by virtue of "any other act," they " iaay, if in the opi-
Ex. Doc. No. 60. 319
nion of the President of the United States the public interest re-
quires it, be compelled to serve for a term not exceeding six
months after," &c.; and they cannot say that they are surprised
into an engag|ment they did not foresee, for this is precisely the
term they themselves stipulat^'d for. Whatever may be the law on
the subject, it is of vital importance that it be settled before any
act is done which may involve individuals irrevocably. I therefore
respectfully ask, that the general would submit this question to
the President, for the opinion of the law officers of the government,
that, let the law be as it may, we may conform ourselves to it.
I presume that those mustered into service after the 13th of May,
though ignorant of the passage of the law of that day, cannot in-
voke against iheir own voluntary contract a law which was then
virtually repealed.
As the period of those first mustered into service is within twenty
days of its close, if three months be the term, little time is left
to hear from Washington; but they can, no doubt, be induced to
wait an answer.
Your obedient servant,
PERSIFOR F. SMITH,
Brigadier General Louisiana volunteers.
Capt. W. W. S. Bliss,
Assistant Adjutant General.
[No. 64.] Head-quarters, Army of Occupation,
Matamorasj July 22, 1846.
Sir: I have respectfully to acknowledge the receipt, on the 20th
instant, of the instructions of the Secretary of War, dated the 26th.
ultimo, relative to the discharge of certain regiments of volunteers.
I had already, on the 16th instant, advised you that I should not
attempt to retain, against their consent, any of the six-months vol-
unteers. A large number of those composing General Smith's
brigade had expressed a wish to return home at the end of three
months before the receipt of the Secretary's instructions; and,
agreeably to the views expressed in my communication of the 16th
instant, I should have ordered their discharge even without those
instructions. With them, however, it became a double duty; and
you will see from my "orders" No. 91, of the 21sl instant, what
measures have been taken for its execution. I think very few of
these volunteers will consent to be mustered for twelve months.
Since the publication of " orders" No. 91, 1 have found it neces-
sary so far to modify its provisions as to cause the St. Louis regi-
ment to be mustered out at St. Louis, requesting the comraandirg
officer of the 3d department, or at the barracks, to detail a proper
officer for the purpose.
I hope there will be no unnecessary delay or difficulty attending
the payment of these volunteers, or in making an appropriation, if
necessary, (as it seems to be,) for the payment of those not regard-
ed as legally in service. They leave the field under circumstances
320 Ex. Doc. No. 60.
rather mortifying to many of them; and it is very desirable that
any unpleasant feelings arising from the legal and necessary action
of the government should not be aggravated by delay in procuring
their Jittle dues. H
You will perceive that I have assigned Captain McCall to the
impirtant duty of mustering these volunteers (except the St. Louis
legipn) out of service. Pie has been selected from his known ex-
perience and fitness, and also in view of his expected appointment
to a majority in the staff. I beg that no disposition may be made
of him from your office until the completion of this duty.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Major General U. S. A.^ commanding.
The Adjutant General of the Army^
Washington^ D. C.
[No. 65.] Head-quarters, Army of Occupation,
Mataraoras^ July 2b, 1846.
Sir: I respectfully enclose herewith a return of the volunteer
force on the Rio Grande for the month of June. Much delay has
unavoidably occurred in the preparation of this return. It will be
seen that it exhibits separately the strength of the volunteers to be
discharged under the recent instructions of the secretary, the vol-
unteer force from Texas, which has yet some time to serve, and the
twelve-mouths volunteers.
I have found it advisable to order the Alabama volunteers mus-
tered out in Mobile, and have given instructions- to that effect to
Captain Van Home, 3d infantry. Upon a comparison of dates, I
discover that the battalion of Lieutenant Colonel Raiford comes
within the operation of the President's sanction, and will be enti-
led to pay.
One regiment of. Louisiana volunteers has already embarked for
New Orleans, and- the remaining ones will be shipped as rapidly as
possible. In a week I trust the entire force \vill have sailed.
It is probable that a few companies may be organized from these
volunteers to serve for the term of twelve months. I will cause
all such to be mustered in and duly organized.
General Smith, colonel of .mounted riflemen, is desirous of re-
mainino-, and I am equally anxious to secure the benefit of his ser-
vices on the campaign. I propose, if it be not disapproved, to
retain the colonel, and give him a command according to his rank.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Major Gen. U. S. A.j commanding.
The Adjutant General of the Army,
Washington, D. C.
Ex. Doc. No. 60. 321
[No. 70. J Hkad-quarters, Army of Occupation,
Matamorasj July 31, 1846.
Sir: I have respectfully to acknowledge your communication of
the 17lh instant, relative to the astiignment of general officers, of
volunteers, &c.
In regard to the disposition of the volunteers from Texas, I
would remark that there seems to be some misunderstanding in re-
gard to the kind of volunteers already organized from that State.
The Texan volunteers "that have assembled on the lower Rio
Grande" are those called for in my requisition on the governor of
the State of the 26th of April, properly three months men; while
it is presumed that the ''quota" assigned to General Wool's com-
mand was intended to be one of the twelve-months volunteers. I
have advised your office, from time to time, of the gradual arrival
of the Texan volunteers, and have even reported that the governor
designed to take the field in person. It was not doubted for a mo-
ment that the case was perfectly understood; and when advised
from your office, under date of June 20th, that one mounted regi-
ment and one foot battalion from Texas were assigned to General
Wool, it was taken for granted that a requisition had been made
upon the executive of the State for that force, of tv/elve-months
volunteers.
The Texas volunteers now in service in this quarter, of which I
enclose a consolidated return, entered the service upon the same
terms with those from Louisiana, viz: for six months. Of course
they can be legally held for only three months, and at the expira-
tion of that time I shall have them mustered out of service, and
paid. But I deem their services, particularly of the mounted regi-
ments, indispensable to my opeiaUons, and I propose at the end of
their service to muster them again for three months; discharging,
liovvever, all who wish it. The Texas regiment of foot under Col-
onel A. S. Johnston, formerly of the army, is an excellent corps,
inured to frontier service. All the Texan troops are anxious to go
forward; they are hardy, and can subsist on little, and I trust I
shall be allowed to retain them in the manner indicated. I may
add that very few, if any, of those now mustered in would consent
to serve for twelve months.
The original call upon the State of Texas was for four regiments;
two of horse, and two of foot. As these four regiments, under the
organization of May 8, 1792, would constitute two brigades, or a
division, I accepted Governor Henderson, who took the field with
them, as a major general, and caused him to be mustered accord-,
ingly . Although but three of the four regiments have been organized,
I deem it best to retain the governor in the capacity of major gen-
eral, and beg that he may be recognised, with his appropriate staffj
as established by the acts of May 8, 1792, and April 18, 1814.
It will be impossible for the mounted regiments fiom Kentucky
and Tennessee to join me before I take the field; and without those
froDQ Texas I would be quite too weak in that description of force,
21
322 Ex. Doc. No. 60.
It is not likely, moreover, that the horses of those regiments will
be in suitable condition for service for some time after their arrival.
I am. sir, very respectfully, your obedient servant,
Z. TAYLOR',
Major General U. S. A., commanding
The x\djutant General of the Arrny^
Washington. D. C.
j[No. 82. J Head-quarters, Army of Occupation,
Camargo, August 31, 1846.
Sir : I have already had occasion to address the department on
the subject of the regiments from Texas. Called into service for
six months, and thus on the same footing with those of Louisiana,
they came of course under the same rule, and could not be retained
beyond three months, the term fixed by law. But, owing to the
great scarcity of regular cavalry, I felt compelled to retain the two
mounted regiments, and proposed in my communication to you of
July 3lst to do so, re-mustering them at the end of their term for
another three months. Their term of service expires about this
time, and they have this day been mustered for pay. All individuals
claiming discharge are of course at. liberty to quit the service; but
nearly all the men seem willing to remain for another term. This
has not been the case with Colonel Johnston's regiment of foot
(riflemen,) which has accordingly been mustered out of service and
discharged.
One company of this regiment, commanded by Captain Shivers,
expressed a great desire to remain, and entered the service under
such peculiar circumstances — having come from Mississippi to Gal-
veston in order to find an opening — that I have accepted it for three
months, and attached it to the third brigade of regular infantry.
Another company, raised by Captain Seefeld, in Galveston, under
the orders of Governor Henderson, arrived at this place after Col-
onel Johnston's regiment was discharged; and being willing to enter
the service for twelve months, I have directed its muster and or-
dered it to Port Lavaca, to be reported to General Wool as a part
of the twelve-months quota from Texas. Still another company
(Captain Wood's) arriving under similar circumstances, I have dis-
charged and sent back to Galveston, at government expense. For
the protection of the settlements about Corpus Christi, a company
under Captain Gray has been mustered tor tv»"elve months and
stationed there.
Of all the Louisiana volunteers, but one company is retained for
twelve months — an excellent body of men, under command of Cap- ■
tain Blanchard. I have attached it to the second brigade of regu-
lar infantry.
The above comprises a statement of all the volunteers in service
in this quarter for other periods than twelve months, and all de-
tached companies of twelve-months men. The necessities of the
service have compelled me to deviate, in one or two instances, from
Ex. Doc. No. 60. 323
the .precise instructions of the department. But I have had no
other motive than the good of the service, and I trust the depart-
ment will find, ih the circumstances attending the various cases,
sufficient reasons for the course taken.
Two of the companies of the first regiment of Texas horse
(McCuUoch's and Gillespie's") are detached from the head-quarters
of the regiment, and employed under my immediate orders as spy
companies. This will account for their rolls bfeing transmitted
separately.
Colonel Johnston, late commander of the rifle regiment from
Texas, has expressed an anxious desire to participate in the cam-
paign. I fully appreciate the value of his services, and the disap-
pointment which the disinclination of his regiment to continue in
service has occasioned him, and have therefore given him a position,
during the campaign, in General Butler's staff, authorizing the issue
of forage and subsistence, but*of course clothing him with no rank
and giving no assurance as to pay.
I am. sir, verv respectfully, vour obedient servant,
Z. TAYLOR,
Major Gemeral U. S. Army^ commanding .
The Adjutant General of the Army,
Washington^ D. C.
War Department,
Washington, June 8, 1846.
Sir : You will have received before this will reach you a brevet
commission of major general, and the President's order assigning
you to the command of the army on the Rio Grande, according to
your brevet rank. It is the President's intention to continue you
in that command, and to commit to you the conduct in the ensuing
campaign.
Owing to the irregular proceedings of General Gaines, in muster-
ing into service volunteers without authority, it is impossible for
the department to tell at this time what amount of force you have
under your command- but such as you have it is not doubted you
will employ to the 'best advantage in prosecuting vigorous opera-
tions against Mexico.
In my letter of the 28th ultimo, you were left to your own dis-
cretion and judgment as to the measures to be pursued before the
end of the unfavorable season shall be passed; and it is not now in-
tended to control that discretion. You best know what amount of
force you will have under your command, and what can be' best
accomplished with that force.
It is presumed you will hold both banks of the Rio Grande, to a
considerable distance from its mouth, and secure the uninterrupted
use of that river for the transportation of supplie-i. I hope you
will be able to take and hold in possession all places on it as hio-h
up as Laredo.
It is proper that I should advise you that a considerable force
324 Ex. Boc. No. 60.
"which will be also under your command, will scon assemble atSan
Antonio de Bexar. . The ultimate destination of this force is Chi-
huahua, if it should be determined that such an "expedition would
have a favorable operation in the conduct of the v;ar; but it mig;ht
be at once used to take and secure the several places on the Rio
Grande. Though we have no despatch from you since those giving
an account of the battles on the 8th and 9th of May, we have such
information as induces the belief that you are in possession of
Matamoras, and that you are not now threatened with any consid-
erable Mexican force. It is desirable that you should find yourself
in sufficient strength to capture and hold Monterey with your
present force. You are apprized that large reinforcements are pre-
paring to join you. Besides the regular forces now under your
command, and which will be speedily augmented, you will soon
have nearly 20,000 volunteers, (including those to rendezvous at
San Antonio de Bexar,) who are to serve for one year. Your de-
terminations as to immediate movements will, therefore, be some-
what influenced by the consideration of the additional force which
will soon join you.
Much apprehension is felt as to uhat is called the unhealthy
season. All agree that it is sickly on the coast, and it is the gen-
eral opinion that it is healthy in the interior. Your positions
should have a particular reference to this consideration. All the
towns on the Rio Grande above Matamoras are represented to be
healthy, and Monterey, in the interior, particularly so. It is there-
fore hoped that you may be enabled to place a considerable part of
your troops in these towns until the fall campaign shall open. In
taking positions, I scarcely need observe that Ihe means of getting
supplies, transporting munitions of war, as well as the ability to
keep open the channels by which these supplies and munitions are
to be furnished, are-points to be well considered. Your informa-
tion as to the practicability of effecting these objects, and as to the
probable ability of the enemy to interrupt your lines of communi-
cation, and to oppose formidable obstacles to your controlling both
banks of the river and to taking and holding MonJ;erey, is far better
than any which can be obtained here.
I have nothing to add to w^hat was said in my last letter to you
in regard to retaining in the service those now with you who have
epgaged for a less term than a year. You will not discharge, until
the end of their term, those who will not engage as volunteers
under the act of the I3th May last, if they can be advantageously
employed in carrying on your immediate operations.
The President is desirous of receiving, and hopes soon to be
favored with, your views and suggestions in relation to the fall
campaign. His determination is to have the war prosecuted with
vigor, and to embrace in the objects to be compassed in that cam-
paign such as will dispose the enemy to desire an end of the war.
Shall the campaign be conducted with the view of striking at the
city of Mexico; or confined, so far as regards the Torce-s under your
immediate couimand, to the northern provinces of Mexico? Your
views on this point will doubtless have an important influence upon
^ . Ex. Doc. No, 60, 325
the determination of the government here. Should our army pene-
trate far into the interior of Mexico, how are supplies to be ob-
tained? Can they be, to any considerable extent, drawn from the
enemy's country, or must they be obtained from the United Statesi
If the latter, what are the facilities and difficulties of transporta-
tion? These are very important questions, and the ans^yers to them
will have an essential bearing in settling the plan and objects of
the campaign; and it is desired that you should express your views
fully in regard to them.
Again, it is important to know your opinion of the description of
troops best adapted to operations in the interior of Me^cico; what
proportion should be infantry, artillery, and cavalry, &c. A peace
must be conquered in the shortest space of time practicable. Your
views of the manner of doing it are requested. It is not doubted
that you will push your advantages to the utmost extent it can be
done with the means at your command.
With this you will receive a statement of the volunteer force
which it is proposed to muster forthwith into service, the descrip-
tion thereof, and the places designated for rendezvous.
Very respectfully, your obedient servant,
W. L. MARCY,
Secretary of War.
Major General Z. Taylor,
Commanding Array of Occupation on the Rio Grande Texas.
[No. 3.j Head-quarters of the Army,
Washington^ June 12, 1846.
Sir: Having been assigned to duty in your present position ac-
cording to your higher brevet rank, by order of the President of
the United States, it is his intention to charge you with the gen-
eral command of all the United States land forces, regular and vol-
unteer, operating or to be directed against the republic of Mexico,
below the province of New Mexico, .with a view to the conque^ of
a speedy and honorable peace of that republic.
After the zeal, intelligence, and prowess you have exhibited in
the military service of your country, it is considered that no ex-
ternal stimulus to promptitude and energy, in the further prosecu-
tion of the present war, is deemed necessary.
The adjutant general will make you acquainted with the forces, '
regular and twelve-month volunteers, who have been recently or-
dered to report to you.
Of other yolunteers for shorter periods of service, who have joined
or may join you, and who, after reaching you, may volunteer for a
twelve month, we can here make no accurate estimate. Thewhole
volunteer force, for twelve months, it is now intended to place
under your general command, is (say) 16,280.* Should you deem
•Exclusive of those who may re-volunt&er, as suggested above, for twelve months.
326 Ex. Doc. No. 60.
an augmentation necessary, your wishes will be favorably consid-
ered. Recruits to fill up the ranks of the regular companies which
are with you, or ordered to join you, to (say) about seventy men
each, shall be sent forward as fast as practicable, so as to give you^
we hope, in a short time, a total force of about 23,070 men.
Without jvaiting for the arrival of that amount of force, but be-
fore, and as soon as you shall deem it safe, in respect to the rela-
tive pumbers and positions of the enemy, your knowledge of the
country, your supplies and means of transportation, it is the wish
and expectation of the President that, with your accustomed en-
ergy, you take up lines of march beyond the Rio Grande, and press
your operations towards the heart of the enemy's country; that is,
upon such important points as you may deem necessary to conquer
and to hold. The high road to the capital of Mexico wall, of
cour.se, be one of those lines; and, if successful in your advances,
the establishment of posts in your rear, well guarded, according to
their distances from each other, and the dangers of recapture, will
be objects demanding your care. How far it may be necessary for
for you to penetrate, if not, at least, to the capital, and what halts
you may find it proper to make short of that mark, will, of course,
depend upon the events of the war. Should continued success at-
tend your operations, you may some time before be met by the
proposition to treat for peace, with an intermediate armistice. No
such proposition will be entertained by you, without your being
first satisfied that it is made in good faith, and without your being
in possession, or put by stipulation into possession, of such com-
manding positions as will insure good faith on the part of the en-
emy. Being satisfied on this point, you may conclude an armis-
tice for a limited time, and refer the proposition to treat of peace
to the government here. In such case, it should be stipulated that,
pending the armistice, the authorities of the enemy's country shall
furnish your army with all necessary supplies, according, &nd as
near as practicable, to our regulations, for which you may agree
to pass the proper receipts; leaving the payment or the settlement on
account of such supplies to the definitive treaty of peace between
th^belligerents. But, as th-e credit of the Mexican government
may be bad even with its own people, you may still be forced, du-
ring the armistice, as before, to rely on cash payments for all your
necessary supplies. The contingent difficulty is here suggested,
that you may turn it in your mind in advance. Instructions will
be given here at once, to cause the disbursing staff officers with
you to be well supplied with cash, for prompt payments, to satisfy
justice, and to conciliate the people among whom you are to carry
on military operations.
An expedition set on foot against the province of N^w Mexico,
and probably North California, under Colonel Kearny, is consid-
ered, on account of the distance of his theatre of operations from
yours, as independent of your general command, unless, indeed,
events should bring him, unexpectedly, down the Rio Grande, or
south, within your sphere. In such event, you may extend yoifr
orders to him, directly, or through Brigadier General Wool-.
Ex. Doc. No. 60. 327
Of the troops ordered upon San Antonio, it is intended by the
President, as intimated in the copy of instructions (herewith) to
Brigadier General Wool, that a large portion should, under his
immediate command, be directedvby you, under the proper general
instructions, against the city of Chihuahua and other important
points you may indicate within the province of that . name, in
order to capture and to hold the same, subject to a dejinitive treaty
of peace. The particular forces to constitute this expedition, the
President has, to some degree, himself designated, viz: The cav-
alry, or mounted regiments from Tennessee arfd Arkansas, (two in
all,) and one regiment of infantry or rifle from each of the States
of Kentucky and Illinpis. Such I understand to be his wish — not
his positive command — in respect to those regiments of twelve-
month volunteers. Thinjiing an addition of regular troops might
be needed with that expedition, I have ordered upon San Antonio
de Bexar two companies of the 1st United States dragoons, from
Fort Gibson; one company of the United States 4th artillery^
(Washington's,) with a harnessed battery, and two companies of
the 6th United States infantry from Fort Smith. All those regular
companies may be computed at about seventy men each. ' So many
of them as you may deem necessary, you will put under the imme-
diate command of Brigadier General Wool, as a part of the expe-
dition against Chihuahua. The latter should be instructed by you
not to interfere with the expedition under Colonel Kearny, except
as above; but avail himself of, or make, opportunities to commu-
nicate occasionally with the colonel. In respect to reciprocal com-
munications, Colonel Kearny will receive instructions from me, as
such intercommunications may become useful or necessary to all
parties.
Any forces remaining at San Antonio, beyond those you may
order to march upon Chihuahua, will, of course, be subject to be
disposed of according to your general plan of operations.
I need scarcely to direct your attention to the high importance
of obtaining frequent, and, as far as possible, accurate intelligence
of the enemy's numbers, positions, movements, and designs. For
this purpose, many employes^ each known only to yourself or (^le
of your staff, will probably be needed. They, of course, must be
more oc less liberally p'aid by the quartermaster's department — in
each case on your orders, or, in highly confidential cases, directly
by yourself, out of money drawn by you specially from that de-
partment. You may extend like instructions to the commanders
of any columns under your orders on detached and distant ser-
vice. . •
I am, sir, very respectfully, your obedient servant,
WINFIELD SCOTT.
• Brevet Major Gen. Taylor,
U. S. .'^rrny, commanding^ 8fc.
328 Ex. Doc. No. 60.
Head-quarters of the Army,
Adjutant GeneraVs OJjice^ Washington^ June 11, 1846.
General: On completing the duties to which you were specially
assigned, in instructions from this office d ited the 28th ultimo, I
am directed by the major general commanding the array to desire
you to repair without delay to San Antonio de Berxar, Texas, and
there assume the immediate command of the troops, regulars and
volunteers, ordered to that point.
Brevet Major Gen^eral Taylor having been assigned to duty ac-
cording to his higher brevet, by the President of the United States,
and charged with the command of all the land forces of the United
States operating, or to operate against the 'republic of Mexico in
that quarter, you will previously, and after your arrival, report
yourself, by letter, to him, from whom you will probably soon re-
ceive instructions to march, with a part of the troops assembling
at San Antonio, against Chihuahua, the capital of the province
of that name. In advance of such instructions, you will hold
yourself in readiness for that particular expedition.
Captain Washington's company of light artillery (full battery)
is en route for San Antonio de Bexar; and two companies of the
1st dragoons, and two companies of the 6th infantry, drawn from
Forts Smith and Gibson, are under orders for the same point.
This regular force will, it is supposed, constitute a part of your
command.
As soon as you can dispense with the services of Colonel Groghan,
the general-in-chief directs that you order him to report in person
to Brevet Major General Taylor for duty as inspector general.
In reply to your letter of the 5th instant, on the subject of arms
and equipments required for the volunteer regiments, I may refer
you to Lieutenant Colonel Talcott's communication of the 5th in-
stant, which apprizes you of the measures adopted by the Ordnance
Department to insure the prompt and adequate supply.
I am, general, ve^y respectfully, your obedient servant,
R. JONES, Adjutant General.
Brigadier General John E. Wool,
• United States Jirmy, Cincinnati^ Ohio,
[With the approbation of the War Department, I propose to write
immediately to General Taylor, as follows:]
[No. 4.] Head-quarters of the Army,
Washington J June 15, 1846.
Sir: For the greater certainty of reception, I send, herewith, 'a
duplicate of my letter to you of the 12th instant.
• You will please consider this not.e as a post scriptum to that
letter.
Should you be met, as therein supposed, by a proposition to
treat for a peace, under circumstances which you may deem suffi-
Ex. Doc. No. 60. 329
ciently formal and sincere, you may, with or without agreeing to
an armistice, at your own sound discretion — looking to the intima-
tions of that letter on the subject — grant written passports for the
use of any minister or commissioner, and his suite, who may be
duly appointed by the Mexican government to treat with that of
the United States, to enable such legation to communicate with
our blockading squadron on the gulf of Mexico coast, or to enable
the legation to pass, by land, our military posts in your rear. In
the latter case, a small military escort to (say) Point Isabel, with
permission to the legation to take passage in some vessel thence to
(say) New Orleans, may be necessary.
I remain, sir, with high respect, your most obedient servant,
WINFIELD SCOTT.
[I think the within should be sent, to General T. W. L, M.]
[No. 56. J Head-Quarters, Army of Occupation,
Mafamoras, June 26, 1846.
Sir: I have only time, before the mail leaves, to acknowledge
the receipt, by the steamer " Alabama," of the following commu-
nications and orders from the War Department and general head-
quarters:
From the Secretary of War, of May 28, 29, and 30, and June 4
and 8, that of May 30 enclosing an order assigning me to duty as
brevet major general, and a copy of a letter from the President,
and that of June 4, accompanying several packages of printed pro- "
clamations.
From your office, of May 30 and June 9, copies of your commu-
nications to General Wool of June 1, and Colonel P. F. Smith of
June 2, and a copy of memoranda for the chiefs of the staff depart-
ments, dated May 18.
"General orders" Nos. 14 to 19 inclusive.
"Special orders" Nos. 46, 47, 48, 49, 50, and 51.
The many points requiring my attention in the above communi-
cations will receive it without delay. '
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Brev. Maj. Gen. U. S. Army, commanding.
The Adjutant General of the Army,
Washington, D. C.
[No. 58.] Head-quarters, Aemy of Occupation,
Matamoras, July 2, 1846.
Sir: In re'ply to the communications of the Secretary of War
dated May 28 and June 8, and to that of the general-in-chief dated
June 12, I have the honor to submit the following views in regard
330 Ex Doc. No. 60.
to the operations against Mexico from this quarter. I will remark
that my constant efforts to procure information in relation to the
nature of the country, amount of supplies, &c , have not been as
satisfactory as I could wish, the various accounts often differing
even in important particulars. Either from the ignorance or inte-
rested .motives of those who profess to give information, it is ex-
tremely difficult to obtain any upon which we can implicitly rely.
In calling upon the States of Louisiana and Texas for an auxiliary
force of about 5,000 men, it was my expectation with that force to
be able to clear the course of the Rio Grande as high as Laredo,
and to occupy or control the country to the foot of the mountains,
capturing and holding Monterey, if circumstances permitted. With
the proper river transportation, this could have been easily done:
a depot would now have been established at Camargo, and our
operations pushed up the valley of the San Juan. The difficulties
and embarrassments that I have experienced for want of such trans-
portation have already been sufficiently made known. These diffi-
culties have been increased by the great excess of volunteers that
have been sent out — say 3,000 men beyond my original call. I
nevertheless propose, upon ihe arrival of the steamers now hourly
expected, to throw^ forward this force wdth the regular troops to
Camargo, and establish there a depot and base from which to
operate towards the mountains. My reasons for retaining these
six- months volunteers in service have been set forth in another
communication; and 1 desire, from motives of health and other
considerations, to keep them employed as actively as possible.
The twelve-months volunteers can in the mean time form camps at
healthy points in my rear, and, while receiving instruction, await
the season for more extensive operations. The above dispositions
can be made in the rainy seasons perhaps better than at any other
time, as the river is then in a good navigable state. For operating
%vith a heavy force, say 6,000 men, from this point towards Monte-
rey and Saltillo, through which passes the only artillery route
across the mountains, it is indispensable to employ the river as a
channel of supply, and the valley of the San Juan, on one of the
heads of which Monterey is situated, as a line of operations-. The
direct land route from this point to Monterey is much longer than
the line from Camargo; in wet weather, impassable for artillery or
heavy wagons, and in dr}' scantily supplied with water. Assuming,
then, Camargo as the depot, and the valley of the San Juan as the
line of operations, the question arises, what amount of supplies
can be obtained, and how can a column be subsisted on this route?
It is pretty v.-ell determined that we cannot depend upon any con-
siderable supply of breadstuffs short of Monterey, or perhaps Sal-
tillo, seventy-five miles further south. Beef in abundance, it is
believed, may be procured; and on this, with perhaps occasional
issues of mutton, we must mainly depend for the meat part of the.
ration. From Camargo to Saltillo, then, we must expect to depend
upon our depot for bread; and I am of opinion, from aU I can learn
of the resources of the country in pack mules and means of trans-
portation generally, that a column exceeding 6,000 men cannot be.
Ex. Doc. No. 60. 331
maintained in bread alone as far as Saltillo. Saltillo itself is at no
great distance from two 5r three fertile grain-growing districts;
but how far the production in those districts may exceed the supply,
I cannot with any certainty determine.
The above calculations in regard to subsistence are made on the
supposition that we shall find the people of the country, if not
friends, at least passive, and willing to part with their produce to
the best advantages. I believe we shall find such to be their tem-
per on this side of the mountains; whether this neutrality or indif-
ference extends beyond, may well be questioned. Should they
prove hostile, destroy their corps, and drive away their stock, it
will be an extremely difficult matter to sustain a column at Sal-
tillo — still more so to pass beyond that city.
Supposing a column of the above strength (say 6,000 men) able
to maintain itself at Saltillo, it will become a question, depending
for its solution upon the elements above indicated, how far -that
force may be increased, or what amount of the twelve months vol-
unteers may be safely and profitably thrown forward from the rear,
with a view to future operations.
From Camargo to the city of Mexico is a line little if any short
of 1,000 miles in length. The resources of the country are, to say
the best, not superabundant, and over long spaces of the route are
known to be deficient. Although the road, as we advance south,
approaches both seas, yet the topography of the country, and the
consequent character of the communications, forbid the taking up
a new line of supply either from Tampico or the l^'acific coast.
Except in the case (deemed improbable) of entire acquiesence, if
not support, on the part of the Mexican people, I consider it im-
practicable to keep open so long a line of communication. It is,
therefore, my opinion that our operations from this frontier should
not look to the city of Mexico, but should be confined to Cutting
off the northern provinces — an undertaking of comparative facility
and assurance of success.
With the view of cutting off the northern provinces, the pro-
jected expedition from San Antonio to Chihuahua may be of great
importance. From the best information, ho\vever, which I now
possess, I would suggest mounted troops alone for that expedition.
I am satisfied that the route from that point to Chihuahua is not
practicable for artillery or wagons, and infantry would rather em-
barras the movement of a mounted expedition. Mounted howitz-
ers, to be packed, with their carriages, on mules, might be advan-
tageously employed on that service, and indeed with the column"
designed to penetrate to Saltillo. There may be a great difficulty
in supplying any considerable force between San Antonio and Chi-
huahua, although the line is not very long — probably not exceeding
300 miles. I hope to procure better information than any I now
possess in regard to this route.
It will be perceived that my remarks on the line of operations
from the Rio Grande southward have been confined to the question
of subsistence, which is certainly the mest important one to be
considered. There are military obstacles on the route, particularly
332 ' Ex. Doc. No. 60.
in the space between VTonterey and Sa^illo, where the defile cf
"La Riconada" is represented to be of great strength. This point,
and perhaps others, if fortified, may give us some trouble; but if
they can be turned by light troops — and such I believe to be the
case — they will not long impede our march.
In regard to the " description of troops best adapted to operations
in the interior of Mexico," I am scarcely prepared at this tune to
give a definite reply. The facility or difficulty of obtaining forage
must necessarily control to some extent the amount of cavalry em-
ployed. At the estate of the Conde de Jarral, some 40 leagues
from Saltillo, there will, I understand, be no difficulty in obtaining
a remount v/hen necessary, and forage for the cavalry. The field
artillery under my orders (four batteries, including Washington's)
will, particularly if filled up to the complement of guns, be quite
sufficient for any operation in this quarter. We may have occasion
for heavier guns, and I have directed two 12-pounder field guns to
be procured, which, with the 24-pounder howitzers now in depot at
Point Isabel, will constitute an efficient battery. We shall have
two, perhaps three, regiments of horse from Texas under ray orig-
inal call. They are now organizing, under the governor's direc-
tions, at Point Isabel. These are six-months men. Should I find
it necessary to increase the eavalry force, I can draw certainly one
regiment from San Antonio and still leave quite enough for the ex-
pedition to Chihuahua.
I have given my views on most of the points connected with the
operations from this frontier, purposly abstaining from any refer-
ence to movements against Tampico or Vera Cruz. The former
place, I am induced to believe, could have been easily taken a month
since, and could be so even now; but the yellow fever would not
have permitted us to hold it, and I deemed it best to undertake no
movement in that direction at this season of the year. Should we
advance as far as San Luis Potosi, which has a communication,
though not for wheels, with Tampico, the possession of the latter
place would be important.
I am awaiting with the utmost impatience the arrival of -steam-
boats suited to the navigation of this river to establish a depot at
Camargo, and throw the troops gradually forward to that point.
The rainy season has commenced, and the river is now in the best
possible condition for navigation. Several boats were to leave New
Orleans about the 20th of June. If not wrecked in the recent se-
vere gales, they may be hourly expected here.
I have the honor to be, very respectfully, general, your obedient
servant,
Z. TAYLOR,
Brevet Major General U. S. A.^ commanding.
The Adjutant General of the Army^
Washington^ D. C.
Ex. Doc. No. 60. 333
[confidential. j War Department,
Washingtofij July 9, 1846.
Sir: The proclamation which you were directed to spread among
the Mexican people, will have put you in possession of the -views
of the government in relation to the mode of carrying on the war,
and also in relation to the manner of treating the inhabitants. The
war is only carried on to obtain justice, and the sooner that can be
obtained, and with the least expenditure of blood and money, the
better. One of the evils of war is the interruption of diplomatic
communications between the respective authorities, and the conse-
querrt ignorance under which each party may lie in relation to the
views of the other. The natural substitute of these interrupted
diplomatie, communications, is the military intercourse which the
usages of war allow between contending armies in the field, and in
which commanding generals can do much towards re-opening ne-
gotiations, and smoothing the way to a return of peace.
The President has seen, with much satisfaction, the civility and-
kindness with which you have treated your prisoners, and all the
inhabitants with whom you have come in contact. He wishes that
course of conduct continued, and all opportunities taken to con-
ciliate the inhabitants, and to let them see that peace is within
their reach the moment their rulers will consent. to do us justice.
The inhabitants should be encouraged to remain in their towns and
villages, and these sentiments be carefully made known to them.
The same things may be said to officers made prisoners, or who
may visit your head-quarters according to the usages of war; and
it ig the wish of the President that such visits be encouraged; and,
also, that you take occasions to send officers to the head-quarters of
the enemy for the military purposes, real or ostensible, which are
of ordinary occurrence between armies, and in which opportunity-
may be taken to speak of the war itself a.s only carried on to ob-
tain justice, and that we had much rather procure that by negotia-
tion than by fighting. Of course authority to speak of your gov-
ernment will be disavowed, but a knowledge of its wishes will be
averred, and a readiness will be expressed to communicate to your
government the wishes of the Mexican government to negotiate
for honorable peace, whenever such shall be their wish, and with
the assurance that such overtures will be met in a corresponding
spirit by your government. A discreet officer, who understands
Spanish, and -who can be employed in the intercourse so usual be-
tween armies, can be your confidential agent on such occasions, and
can mask his real under his ostensible object of a military inter-
view.
You will also readily comprehend that in a country so divided
into races, classes, and parlies, as Mexico is, and with so many
local divisions among departments, and personal divisions amono-
individuals, there must be great room for operating on the minds
and feelings of large portions of the inhabitants, and inducing
them to wish success to an invasion which has no desire to injure
their country; and which, in overthrowing their oppressors, may
benefit themselves. Between the Spaniards, who monopolize the
334 Ex. Doc. No. 60
wealth and power of the country, and the mixed Indian race, who
bear its burdens, there must be jealousy and animosity. The same
feelino-s must exist between the lower and higher orders of the
clergyj the latter of whom have the dignities and the revenues,
while the former have poverty and labor. ^ In fact, the curates
were the chief authors of the revolution which separated Mexico
from Spain, and their relative condition to their superiors is not
much benefited by it. Between the political parties into which the
country is divided, there must be some more, liberal and more
friendly to us than others; the same may be said of rival chiefs,
political and military; and even among the departments there are
local antipathies and dissensions. In all this field of division — in
all these elements of social, political, personal, and Ic^cal discord
— there must be openings to reach the interests, passions, or prin-
ciples of some of the parties, and thereby to conciliate their good
will, and make them co-operate with us in bringing about an hon-
orable and a speedy peaae. The management of these delicate
movements is confided to your discretion; but they are not to
paralyze the military arm, or in any degree to arrest or retard your
military movements. These must proceed vigorously. Policy and
force are to be combined; and the fruits of the former will be
prized as highly as those of the latter.
It is seen from the Mexican papers, that great attempts are made
to prejudice and exaspei'ate the minds of the people against us.
The war is represented on their part as one of "national existence;"
as if it was our wish to destroy the Mexican nation! It is repre-
sented as a war of "rapine and plunder;" as if we intended to rob
and oppress the people? It is represented as a war of "impiety;"
as if we were going to rob churches and pull down altars! The
conduct of yourself, your officers, and men, has shown to all Mexi-
can citizens that you have met, and as far as you have gone, the
injustice and absurdity of all these imputations; but they are still
systematically propagated through the country, and must find be-
lievers in a country where ignorance is so great, and the means of
disseminating truth so small. The counteraction of these injurious
imputations will be your particular duty; first, by a continuation
of your just and honorable conduct towards the people, their pro-
perty and religion, and kindness to prisoners; and next, by making
it a point in your interviews with the commanders of the army of
the enemy to speak of these unjust imputations, for the purpose of
correcting them. It is the President's wish not only to bring the
war to a speedy conclusion, but so to conduct it as to leave no
lasting animosities behind to prejudice the future friendship and
commerce of the two countries; nor to permit injurious reports to
go forth to excite the ill will of the other republics, of Spanish
origin, against us.
Availing yourself of divisions which you may find existing among
the Mexican people — to which allusion has been made — it will be
your policy to encourage the separate departments or States, and
especially those which you may invade and occupy, to declare their
independence of the central government of Mexico, and either to
Ex. Doc. No. 60. 335
become our allies, or to assume, as it is understood Yucatafi has
done, a neutral attitude in the existing war between the United
States and Mexico. In such of the departments or states as may
take this course, you w'ill give the inhabitants assurances of the
protection of your army until the return of peace, so far as may be
consistent with your military plans of operation. When peace is
made, they may decide for. themselves their own form of govern-
ment. In such departments as may be conquered, or assume a neutral
attitude, you may, at your discretion, observe the same course of
conduct as that presented in the instructions given to General Kear-
ny by the department on the 3d day of June, 1846. A copy of the
instructions to General Kearny is herewith transmitted to you.
No reply has yet been received to the inquiries contained in my
letter addressed lo you on the 8th of June last. From your supe-
rior opportunities of acquiring correct information of the country
to be invaded, and the facilities or difficulties of conducting a suc-
cessful campaign through it, much reliance will be placed on your
opinions. If, from all the information which you may communi-
cate to the department, as well as that derived from other sources,
it should appear that the dilflculties and obstacles to the conductino-
of a campaign from the Rio Grande, the present base of your opera-
tions, for any considerable distance into the interior of Mexico,
will be very great, the department will consider whether the main
invasion should not ultimately take place from some other point on
the coast — say Tampico, or some other point in the vicinity of Vera
Cruz. This suggestion is made with a view to call your attention
to it, and to obtain from you such information as you may be able
to impart. Should it be determined that the main army should in-
vade Mexico at some other point than the Rio Grande — say the vi-
cinity of Vera Cruz — a large and sufficieat number of transport ves-
sels could be placed at the mouth of the Rio Grande by the time
the healthy season sets in — say early in November. The main
army, with all its munitions, could be transported, leaving a sufh-
cient force behind to hold and occupy the Rio Graqjde, and ail the
towns and provinces which you may have conquered before that
time. In the event of such being the plan of operations, your
opinion is desired what increased force, if f'ny, will be required to
carry it out with success. We learn that the army could be disem-
barked a few miles distant from Vera Cruz, and readily invest the
town in its rear, without coming within the range of the guns of
the fortress of San Juan d'Ulloa. The town could be readily taken
by land, while the fortress, being invested by land and sea,*and all
communication cut off, must soon fall. From Vera Cruz to the
city of Mexico there is a fine road, upon which the diligences or
stage coaches run daily. The distance from Vera Cruz to the city
of Mexico is not more than one-third of that from the Rio Grande,
to the city of Mexico. Upon these important points, in addition to
those mentioned in my letter of the Sth of June, your opinion and
views are desired at the earliest period your duties will permit you
to give them. In the mean time the department confidently lielies
on you to press forward your operations vigorously to the extent
336 Ex. Doc. No. 60.
of yotur means, so as to occupy the important points within your
reach on the Rio Grande, and in the interior. It is presumed that
Monterey. Chihuahua, and other places in your direction, will be
taken and held. If in your power to give the information, the de-
partment desires to be informed of the distance from Chifiuahua to
GiiaymaSy on the gulf of California; whether there be a road over
which ordnance and baggage wagons could be taken, and whether
it be practicable for an army to march from the former to the latter
place, and what time would probably be required for mounted men,
and what time for infantry or artillery, to do so. This information
is desired before the department can be prepared to decide upon
the propriety of sending forward such an expedition.
Your answer to this communication you will please to address
directly to the President of the United States.
I have the honor to be, very respectfully, your obedient ser-
vant,
W. L. MARCY.
Major General Z. Taylor,
Commanding J ^c.
Head-quarters, Abmy of Occupation,
Matamoras^ Jiugust 1, 1846.
Sir: I have the honor to acknowledge the receipt of the confi-
dential communication of the Secretary of' War, dated July 9, and
to present the following remarks in relation to the several poinds
embraced in it. Agreeably to the injunction of the Secretary, this
communication is addressed directly to the President of the United
States.
1st. As to the intercourse with the enemy, and means of obtain-
ing information with regard to his movements, &c., I fear that no
very satisfactory results will be obtained in the way proposed. The
Mexican generals and other officers have exhibited, since the com-
mencement of hostilities, a determination to hold with us as little
intercourse as possible. A m.o«t rigid non- intercourse has been ob-
served throughout, and since the 17th of June no communication
whatever has passed betv/een the head-quarters of the two armies.
I shall not fail to improve such occasions, when they present them-
selves, in the manner pointed out by the Secretary. Since crossing
the Rio Grande, it has been my conj^tant aim to conciliate the peo-
ple of the country; and I have the satisfaction of believing that
much has been done towards that object, not only here, but at Rci-
nosa, Camargo, and other towiis higher up the river. The only
, obstacle I encounter in carrying out this desirable policy, arises
from the employment of volunteer troops. Some excesses have
been committed by them upon the people and their property, and
more, I fear, are to be apprehended. With every exertion, it is
impissible effectually to control these troops, unaccustomed as they
are to the discipline of camps, and losing in bodies the restraining
Ex. Doc. No. 60.. 337
sense of individual responsibility. With increased length of ser-
vice, these evils, it is hoped, -vvill diminish.
2d.' In regard to availing ourselves of internal divisions and dis-
cords among" the Mexicans, it is hardly time yet to say how far this
may be relief upon as an element of success. I have good reason
to believe that the^country lying between the Rio Grande and Sierra
Madra is disposed to throw of the yoke of the central government^
and will, perhaps, do so as soon as it finds a strong American force
between it and the capital. I shall do all in my power to encour-
age this movement, of -which I received indications from many
quarters, and shall comply fully with the instructions of the Secre-
tary on that point.
3d. As to the military operations best calculated to secure an
early and honorable peace, my report of 2d July will have put the
department in possession of my views touching operations in this
quarter, and I ha've now little to add to that report. V/hether a
large force can be subsisted beyond Monterey, must be determined
by actual experiment, and will depend much upon the disposition
of the inhabitants towards us. If a column (say, 10,000 men) can
be sustained in provisions at Saltillo, it may advance thence upon
San Luis Potosi, and I doubt not w^ould speedily bring proposals
for peace. If, on the other hand, a column cannot be sustained
beyond Monterey, it will be for the government to determine, from
considerations of state, whether a simple occupation of the frontier
departments, (including Chihuahua and New Mexico,) or, in addi-
tion to such occupation, an expedition against the capital, (by way
of Vera Cruz,) be most expedient. I cannot give a positive opinion
as to the practicability of an expedition against Vera Cruz, or the
amount of force that would probably be required for it. The De-
partment of War must be much better informed than I am on that
point. From the impracticable character of the routes from Tam-
pico, particularly that leading to Mexico, I should judge an expe-
dition against the capital from that point to be out of the question.
The simultaneous embarkation of a large body of troops at Brazos
Santiago, as proposed in the Secretary's communication, would be
attended with great difficulty, if we may judge from the delays and
danger which accompany the unloading of single transports, 'owing
to the almost perpetual roughness of the bar and boisterous charac-
ter of the anchorage. It may also well be questioned whether a
force of volunteers, without much instruction, more than those now
here can receive in season for such an expedition, can prudently be
allowed to form the bulk of an army destined for so delicate an
operation as a descent upon a foreign co.ast, where it can have no
proper base of operations or supplies.
I have already had occasion to represent to the department that
the volunteer force ordered to report to me here is much greater
than I can possibly employ — at any rate in the first instanc-e; the<.
infliux of twelve-months volunteers has even impeded my forward
movement by engrossing all the resources of the quartermaster's
department to land them and transport them to healthy positions.
This circumstance, in connexion with the possibility of an expedi-
22
338 Ex. Doc. No. 60.
tioa against , leads me to regret that one division of the
volunteers had not been encamped^ say, at^Pass Christian, where it
could have been instructed until its services were required in the
field.
These embarrassments, however, are now mostly overcome; the
regular force is nearly all at Camargo, and all the arrangements
are made to throw forward the volunteers to the same point.
The President may be assured that no one laments more than I
do the inevitable difficulties and delays that have attended our
operations here, and that no exertion of mine has been or will be
wanting to press forward the campaign with all possible vigor.
But I deem it indispensable to take such amount of force and ob-
serve such precautions as not to leave success a matter of doubt.
In answer to the inquiry relative to the route from Chihuahua to
Guaymas, I have the honor to submit a memorandum derived from
, an American gentleman residing in this place, who has
lived in Chihuahua, and travelled over the routes. The distances
on the mule route are probably overrated, as it is a direct route
■across the mountains. The wagon road by the city of Arispe is the
only one practicable for artillery.
I have the honor to be, very respectfully, sir, your obedient
servant,
Z. TAYLOR,
Major General U. S. »/5., commanding.
To His Excellency the Hon. James K. Polk, ,
President of the United States, Washington, D. C.
Memorandum of two routes from Chihuahua to Guaymas — one a
^ wagon road, the other to he travelled only with mules and packs.
The wagon road from Chihuahua to Guaymas leads at first in a
northwest direction 'to the small village of Carmel, upon a large
creek, 110 miles; the next village is Galeuna, also on a Large creek,
50 miles; then Casas Grandes, 36 miles; then Presidio de Yanos,
39 miles. This is the most northwest settlement, at a distance of
235 miles from Chihuahua. From this point the road bears to the
southward, having made this turn to avoid the high mountains. At
70 miles from Yanos the Sonora line is crossed, and we enter the
department or State of that name. It is thence 80 miles to Fron-
teras, thence 60 to Bacuachi, and 40 thence to Arispe, the capital
of the State; making from Yanos to Arispe 250 miles. Arispe con-
tains 5,000 inhabitants, and is on a small river called the Sonora
river. From Arispe to Pitic or Hermosillo it is 250 miles, and
thence to Guaymas 60 miles; making from Arispe to Guaymas 310
-miles, and from Chihuahua to Guaymas, by the wagon route, 795
miles. The mule route from Chihuahua to Guaymas, to be travelled
with packs only, leaves Chihuahua in a direction a little south of
west, to the mining town of Cosiquiriachi, 70 miles, then 40 miles
to Sierra Prieta, then-40 miles , to Conception, then over the first
Ex. Doc. No. 60. 339
mountain to .Tpsus Maria, 140 miles; making from Chihuahua to
Jesus Maria 260 miles. Jesus Maria being an extensive mining
town, numbers 10,000 inhabitants. Thence to Real de Alamos,
240 miles; thence to Pitic or liermosillo, 250 miles; and thence to
Guaymas, as before, 60 miles; making the distance from Chihuahua
to Guaymas, by the mule route, 810 miles. This route is over
stupendous mountains: it crosses the Hiaqui river, and passes
through the tribe of Indians of that name.
Wagon route.
€hihuahua to Carmel 110 miles.
to Galeuna 50 "
to Casas Grandes 36 "
to Presidio de Yanos 39 "
to Line of Sonora 80 "
to Fronteras 70 '*
to Bacuachi 60 "
to Arispe 40 '^
to Pitic 250 ''
to Guaymas 60 "
Chihuahua to Guaymas 795 "
Mule route.
Chihuahua to Cosiquiriachi 40 miles
to Sierra Prieta 40 ''
to Conception 40 "
to Jesus Maria 140 "
to Real de Alamos 240 <«
to Pitic 250 "
to Guaymas 60 ''
Chihuahua to Guaymas 810 "
[This despatch was intercepted by the enemy-]
War Department,
Washington, September 2, 1846.
Sir: It is intended to make a descent on the gulf coast of Mex-
ico as soon as the season shall have so far advanced as to render it
safe in regard to the health of our troops.
Our attention is turned to Tampico, as one of the places for the
attack. It may be important to take that place, and hold possession
of it and the surrounding country, with reference to yoiir line of
operations. Though our information is not so full and accurate as
we desire in relation to the interior of the country in the vici-
340 Ex. Doc. No. 60.
nity of Tampico, yet it is such as induces us to believe that this
■will be an important position to be occupied to facilitate the future
prosecution of the war. The possession of the northern provinces
of Mexico, as far south as San Luis de Potosi, is undoubtedly ari
important object with reference to bringing the war to a successful
termination. The difficulties you will encxDunter in pushing your
forces thus far can be much better appreciated by yourself than any
other. San Luis de Potosi is stated to be from 150 to 180 miles from
Tampico; and if there be a good road between these two places, as
some allege to be the case, while it is questioned by others, it
will be highly advantageous to have possession of Tampico, and to
penetrate the country from that point in the direction of San
Luis de Potosi with a considerable force. This matter is under con-
sideration, and will receive the attention it deserves. It is impor-
tant, in respect to the plan of operations to be adopted for a
movement on this point, that you should furnish the government
here at the earliest period with your opinion of the progress you
will be able to make on your present line of operations. When
you shall have arrived at Monterey, you w^ill be enabled to deter-
mine as to the practicability of your further progress. It is im-
portant that we should know whether you can reach San Luis de
Potosi, and your opinion on this point is particularly desired. The
administration is, to some extent, aware of the obstacles you will
have to encounter, of the difficulties of sustaining so long a line of
communication, and of the uncertainty as to the force which will
oppose you; but your better information on these several points will
enable you to form much more accurate opinions.
Your views, also, as to the effect of taking possession of Tampico,
of penetrating the enemy's country from that point, of the
amount and kind of force to be assigned to that service, are de-
sired.
It is not intended to weaken the force of your advancing column
by any movements on the coast. It is supposed that 1,500 or 2,000
men will be a sufficient number of troops to take and hold posses-
sion of Tampico. At least half of this force ought to be of the
regular army. These, it is presumed, can be obtained without with-
drawing any of that description of force now with you. The
amount of the volunteer force required for this purpose can be
taken from the Rio Grande, it is presumed, without too much weak-
ening that line.
As you are in a situation to obtain more full and accurate infor-
mation in relation to all the matters touched on in this communica-
tion, it is desirable — irfdeed, quite important — that the adminis-
tration should have your views upon them. It is unnecessary to
assure you that they will have an important influence upon its de-
terminations.
I am, with great respect, your obedient servant,
W. L. MARCY,
Secretary of War,
Major General Z. Taylor,
Commanding U, S. army in Mexico.^ Camargo^ Mexico,
Ex. Doc. No. 60. 341
War Department,
Washington, September 22, 1846.
Sir: You will perceive by a copy of a despatch, herewith confi-
dentially communicated, from the Mexican government, in reply to
one from our own, proposing to open negotiations for termi-
nating the existing war by a peace, just and honorable to both par-
ties, that the Mexican authorities have declined to treat at
this time, and defer definitive action on our offer until the advice
of a new" Congress, to assemble on the 6th of December next, can
be taken.
This determination on the part of our enemy has an important
bearing on our military movements, and suggests the propriet»y of a
change of policy in regard to our dealings with the people of the
country occupied by our troops.
Public opinion, it is to be presumed, will have some influence
upon the decision of that Congress. The progress of our arms,
and the positions we may occupy when that body shall come
together, cannot fail to have effect upon its action in regard to
our proposal to negotiate. Should the campaign be successful, and
our troops be in possession of important departments of the enemy's
country, the inducements for a speedy peace will be greatly
strengthened.
It is far from being certain that our military occupation of the
enemy's country is not a blessing to the inhabitants in the vicinity.
They are shielded from the burdens and exactions of their own au-
thorities, protected in their persons, and furnished 'with a most pro-
fitable%arket for most kinds of their property. A state of things
so favorable to their interests may induce them to wish the contin-
uance of hostilities.
The instructions heretofore given have required you to treat with
great kindness the people, to respect private property, and to ab-
stain from appropriating it to the public use without purchase at a
fair price. In some respects this is going far beyond the common
requirements of civilized warfare. An invading army has the un-
questionable right to draw its supplies from the enemy without pay-
ing for them, and to require contributions for its support. It may
be proper, and good policy requires, that discriminations should be
made in imposing thes* burdens. Those who are friendly disposed
or contribute aid should be treated with liberality, yet the enemy
may be made to feel the weight of the war, and thereby become in-
terested to use their best efforts to bring about a state of peace.
It is also but just that a nation which is involved in a war, to ob-
tain justice or to maintain its just rights, should shift the burden
of it, as far as practicable, from itself by throwing it upon the
enemy.
Upon the liberal principles of civilized warfare, either of three
modes may be pursued in relation to obtaining supplies from the
enemy. First, to purchase them on such terms as the inhabitants
of the country may choose to exact. Second, to pay a fair price,
without regard to the enhanced value resulting from the presence
342 Ex. Doc. No. 60.
of a foreign army; and, third, to require them as contributions,
"without paying or engaging to pay therefor.
This last mode is the ordinary one, and you are instructed to
adopt it, if in that way you are satisfied you can get abundant sup-
plies for your forces. But should you apprehend a difficulty in
this respect, then you will adopt the policy of paying the ordinary
price, without allowing to the owners the advantages of the en-
hancement of the price resulting from the increased demand.
Should you apprehend a deficiency under this last mode of dealing
with the inhabitants, you will be obliged to submit to their exact-
ions, provided by this mode you catt supply your wants on better
terms than by drawing what you may need from the United States.
Should you attempt to supply your troops by contributions or the
appropriation of private property, you will be careful to exempt
the property of all foreigners from any and all exactions whatso-
ever. The President hopes you will be able to derive from the
enemy's country, without expense to the United States, the sup-
plies you may need, or a considerable part of them; but should
you fail in this, you will procure them in the most economical
manner.
It is proposed to take possession of the department of Tamauli-
pas, or some of the principal places in it, at the earliest practica-
ble period. In this enterprise it is believed that a co-operation of
our squadron in the gulf will be important, if not necessary. It is
presumed that a force of about three or four thousand men will be
sufficient for this. purpose, one-third of which should be of the reg-
ular army. #
We have not now sufficiently accurate knowledge of the country
to determine definitively as to the manner of conducting this enter-
prise. The dangerous navigation of the gulf at this season of the
year induces the hope that a column may be advanced by land
from the present base of operations — the Rio Grande — and that it
may have an occasional communication with our ships in the gulf.
Should thisland route be adjudged impracticable, or a debarkation be
preferred, two points of landing have been suggested; one at the
bay of Santander, and the other at Tampico. If a force be landed
at the bay of Santaiider, or in the vicinity of Soto la Marina, it
could probably reach, without much difficulty, some of the princi-
pal places in the department of Tamaulipas,*and march to and take
possession of Tampico. While the route is yet open to be settled
as a better knowledge of the country may indicate, it is proper to
speak more in detail of the force to be employed in this service.
It is not proposed to withdraw ?ny of that now with you in your
advance into the interior, nor to divert any of the reinforcements
that you may need to carry on your operations in that quarter.
It is believed that a sufficient force of the regular army for this ex-
pedition — about on'e regiment — may be drawn from the seaboard,
including such companies as may have been left on the lower Rio
Grande, and can be spared for that purpose. If a column should
advance beyond that river into the interior of Tamaulipas, a part
of the troops now on that line might, it is presumed, be safely
Ex. Doc. No. 60. 343
■withdrawn to augment the invading column. It is not, however,
intended to weaken the force on that line any further than it can,
in your opinion, be safely done. m
It is also proposed to put the force for the invasion of Tamauli-
pas under the immediate command of Majot General Patterson, to
be accompanied by Brigadier Generals Pillow and Shields, unless
it should interfere with your previous arrangements with regard to
these officers. To prevent delay, General Patterson will be direct-
ed to make preparations for this movement, so far as it can be done
without disturbing your present arrangements on the Rio Grande,
and proceed immediately, and without further orders from the de-
partment, unless you should be of opinion that the withdrawal of
the force proposed for this expedition would interfere with your
operations. ' This direction is given to General Patterson because
the time necessary to receive information from you and return an
answer from the department may be the propitious moment for
operating with effect. The movement ought to be made with the
least possible delay consistently with the health of the troops. It
will be left to General Patterson, under your instructions, to decide
whetjier the movement shall be by land or by sea, or partly by
each. It is desired that you should give him your views in re-
gard to the last' mode of prosecuting this expedition, particularly
as to the amount and description of force, and the quantity and
kind of ordnance, &c., which may be required. Preparatory ar-
rangements will be immediately ordered here for fitting out the
expedition herein proposed, by which transports, provisions, &c.,
will be in readiness at the Brazos Santiago. By the time this com-
munication will be received by you, it is expected you will have
reached Monterey, and perhaps Saltillo, and be able to present to
the department a satisfactory opinion of your ability to progress
beyond that point. We shall anxiously look for information from
you. Your advance to San Luis Potosi, if practicable, is rendered
greatly more important by the movement contemplated to Tampico,
by which you will, it is believed, be enabled to effect a co-opera-
tion with the squadron, and with the column under Major General
Patterson, on a line in advance of the Rio Grande. The squadron
is now under orders to attack Tampico, with every prospect of
success, and the probability is that the place will be captured in
advance of General Patterson's movement.
I enclose for your perusal the last despatch received from Com-
modore Connor, which contains interesting information on Mexican
affairs.
Very respectfully, your obedient servant,
WM. L. MARCY,
Secretary of War.
Major General Z. Taylor,
Commanding Jirmy of Occupation on the Rio Grande.
344 Ex. Doc. No. 60.
War Department,
Washington, September 22, 1846.
• Sir: With this you will receive a copy of a despatch forwarded
to Major General Taylqr. In that despatch you will find the views
of the government in relation to an expedition to be fitted out to
take possession of the southern part of the department or State of
Tamaulipas. Unless General Taylor has made arrangements to
employ you otherwise, it is designed that this expedition shall be
under your iimiediate command. We have not the requisite infor-
mation to enable us to determine whether it shall be conducted by
land or by water or in part by each. It is very important that the
department here should be put in possession of all the information
which can be collected on the subject at the earliest period. You
are therefore directed to forward to this department, with the least
possible delay, all the facts you can collect on this subject. We
are aware that the land route is long; and butffor the dangerous
navigation at this season of the year, we should at once determine
to proceed along the coast by water and make debarkations at cer-
tain points. Your particular attention should be directed to this
matter. In case of a debarkation oa the coast, it is presumed a
smaller force would effect the objects of the enterprise than would
be required for a land expedition. You will perceive that I have
suggested in my communication to General Taylor that three or
four thousand men maybe considered a column of sufficient strength
for penetrating the interior of the department of Tamaulipas. Per-
haps w^e have not rightly estimated the obstacles which may be
brought to resist this movement. On this point the department de-
sires to be favored with your views. It is not anticipated that any
part of ihe force now with General Taylor can be withdrawn, and
it may be that he is calculating upon reinforcements. If so, then
it may be difficult to assemble a larger force than that named for
this undertaking.
The Rio Grande is regarded the base of operations, and that must
be firmly maintained. It is left, to General Taylor to determine
what force is necessary for that purpose. But the movement of
the expedition is not, as you will learn from my letter to General
Taylor, to be delayed for further direction from this place as to
the mode of advancing into the enemy's country. As soon as you
shall learn from General Taylor that a sufficient force for the enter-
prise can be spared, and receive his directions in regard to it, you
will Iqse no time in putting theto in execution. If General Taylor
should not give direction as to moving by land or water, the choice
will then be left for your determination. As soon as you have
settled this point, you will at once make known to the officers of
the several branches of thii public service now on the Rio Grande
what may be required. They will be instructed to comply with
your requisitions as expeditiously as practicable. Measures will be
adopted, by direction from this department, to have them prepared
to answer the requisitions you may make on them.
Should you determine to embark your troops in transports, it will
Ex. Doc. No. GO. 345
be necessary to give the earliest notice not only to the department,
but also to the commander of our squadron in the gulf, who will
be instructed to despatch a force to attend your movements and to
co-operale with you, should there be occasion for such aid.
It is proper to apprize you that the squadron has orders to attack
and capture Tampico. This may be done without waiting for the
presence of the land forces.
Your attention is directed to that part of the despatch to General
Taylor which relates to subsisting our troops while in the enemy's
country by supplies to be procured from the inhabitants thereof.
Should the representations which have been made of the friendly
feelings of the people of Taumaulipas towards the United States,
and of their dispositio-n to withdraw from the Mexican government,
be realized, you will treat them with great kindness and cherish
friendly relations with them. But should they manifest decidedly
hostile feelings towards our people and government, you will act
on the same principles in your treatment of them which have been
prescribed to General Taylor. This matter is left to your discre-
tion, which will be influenced and controlled by circumstances.
You will perceive that it is suggested in the communication to
General Taylor that Brigadier Generals Pillow and Shields should
be assigned to the expedition under your command. Should this
suggestion be adopted by him, you will, as a matter of course, avail
yourself of their services in collecting the information desired, and
in preparing for as well as in conducting the contemplated enter-
prise.
The department will expect from you, without the delay of send-
ing through General Taylor, a reply to this communication, em-
bracing your views and all the facts you may possess on the points
suggested for your consideration, and on any other having a bear-
ing on matters connected with the proposed expedition. This com-
munication, as well as that to General Taylor, will be sent by a
messenger, with instructions to deliver it to you, or in your ab-
sence, to either General Pillow or General Shields. He will pro-
ceed with that to General Taylor to his head-quarters. You will,
if in your power, afford him all necessary facilities for sending him
forward.
I have the honor to be, with great respect, your obedient servant,
W. L. MARCY,
Secretary of War.
Major General Patterson.
[No. 91.] Head-quarters, Army of Occupation,
Camp before Monterey ., September 25, 1846.
Sir: At noon on the 23d instant, whilst our troops were closely
engaged in the lower part of the city, as reported in my last de-
spatch, I received by a flag a communication from the governor of
the State of New Leon, which is herewith enclosed, ^No. 1.) To
this communication I deemed it my duty to return an answer, de-
346 Ex. Doc. No. 60.
dining to allow the inhabitants to leave the city. By 11 o'clock,
p. m., the second division, which had entered the town from the
direction of the bishop's palace, had advanced within one square
of the principal plaza and occupied the city up to that point. The
mortar had in the mean time been placed in battery in the cemetery,
within good range of the heart of the town, and was served through-
out the night with good effect.
Early in the morning of the 24th I received a flag from the town,
bearing a commusication from General Ampudia, which I en-
close, (No, 2,) and to which I returned the answer, (No. 3.) I
also arranged with the bearer of the flag a cessation of fire
until 12 o'clock, which hour I appointed to receive the final
answer of General Ampudia, at General Worth's head-quarters.
Before the appointed time, however. General Ampudia had signi-
fied to General Worth his desire for a personal interview with me,
for the purpose of making some definitive arrangement. An inter-
view was accordingly appointed for one o'clock, and resulted in
the naming of a commission to draw up articles of agreement regu-
lating the withdrawal of the Mexican forces, and a temporary ces-
sation of hostilities. The commissioners named by the Mexican
general-in-chief were Generals Ortega and Raquena, and Don Ma-
nuel M. Llano, governor of New Leon: those named on the Ame-
rican side were G. neral Worth, General Henderson, governor of
Texas, and Colonel Davis, Mississippi volunteers. The commission
finally settled upon the articles of which I enclose k copy, (No. 4,),
the duplicates of which (in Spanish and English) have been duly
signed. Agreeably to the provisions of the 4th article, our troops
have this morning occupied the citadel.
It will be seen that the terms granted the Mexican garrison are
less rigorous than those first imposed. The gallant defence of the
town, and the fact of a recent change of government in Mexico,
believed to be favorable to the interests of peace, induced me to
concur with the commission in these terms, which will, I trust, re-
ceive the approval of the government. The latter consideration
also prompted the convention for a temporary cessation of hostili-
ties. Though scarcely warranted by my instructions, yet the
change of affairs since those instructions were issued seemed to
warrant this course. I beg to be advised as early as practicable
whether I have met the views of the government in these particu-
lars.
I regret to report that Captain Williams, topographical engineers,
and Lieutenant Terrett, first infantry, have died of the wounds re-
ceived in the engagement of the 21st. Captain Gatlin, 7th infantry,
was wounded (not badly) on the 23d.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Major General U. S. A.^ commanding.
The Adjutant General of the Army^
Washington^ D. C.
Ex. Doc. No. 60. 347
• • No. 1.
GOBIERNO DEL ESTADO DE NUEVO LEON.
Resulto V. S. a ocupar esta plaza por la fuerza de las armas y
el general-en-gefe Mejicano a sostenerla a toda costa, como lo ex-
igen su honor y su deber, millares de victimas que por su indigencia
y falta de recursos se encuentran hoy en el teatro de la guerra y
que se sacrificarian inutilmente, reclaman los derechos que en todos
tiempos, y en todos Jos paises, conserva la humanidad.
Como gobernador del Estado, y como legitimo representante del
puebloj los hago valer ante V. S., y espero de su civilizacion y
cultura que sea creer fuere el excito de la presente lucha, dictara
sus ordenes para que scan respetadas las familias, 6 concedera un
termino precedente para que salgan fuera de la capital.
Tengo el honor de saludar a su senoria el general en gefe del
ejercito de ocupacion de los Estados Unidos, y protestarle mi mas
alta consideracion.
Dios y libertad! Monterey, Setiembre 23 de 1846, a los ocho de
la manana.
FRANCO. DE P. MORALES.
Sefjor General-en-Gefe del Ejercito
de Ocupacion de los Estados Unidos,
„ [Translation.]
GOVERNMENT OF THE STATE OF NEW LEON.
Your excellency having resolved to occupy this place by force
of arms, and the Mexican general-in-chief to defend it at every
cost, as required by his honor and duty, thousands of victims, who,
from their poverty and want of means, find themselves still upon
th*e theatre of war, and who would be uselessly sacrificed, claim
the rights which in all times and in all places humanity holds
sacred.
As governor of this State, and as the legitimate representative of
the people thereof, I now address your excellency, and I hope,
from your regard to humanity, and from your sense of the rules
which govern civilized nations, that whatever may be the result of
the present struggle, you will give orders that the resident families
shall be respected, or will concede a sufficient time for them to re-
move from this capital.
I have the honor to salute your excellency, general-in-chief of
the army of occupation of the United States, and to assure you of
my highest consideration.
God and liberty! Monterey, September 23, 1846, 8 o'clock in
the morning.
FRANCISCO DE P. MORALES.
To the General-in-chief of the Army
of 'Occupation of the United States.
348 Ex. Doc. No. 60.
No. 2. •
QuARTEL General en Monterey,
' A 23 de Setiemhre de 1846, a las 9 de la noche.
Senor General: Habiendo hecho yo la defensa de que he creido
susceptible a esta ciudad, he llenado obligacion y dejado bien pu-
esto el honor militar, que en cierta manera es comun a todos los
ejercitos del mundo civilizado; asi que de proseguir la defensa,
sola se lograran males a la poblacion que bastante ha padecido con
las desgracias consiguientes a la guerra. Y supuesto que el gobierno
Americano ha raanifestado sentimientos de transaccion, pro pongo
a V. S. evacuar la ciudad y su fuerte, llevando me el personal y
material de guerra que ha quedado, y bajo la seguridad de que no
se siga perjuicio alguno a los paisanos que han tornado parte en la
defensa.
Sirvase V. S. acepta las protestas de mi mas distinguida con-
sideracion.
PEDRO DE AMP¥DIA.
Al Senor Don Z. Taylor,
General-m-gefe del Ejercito Americano.
[Translation.]
Head-quarters, Monterey,
September 23, 1846, at 9 o'clock at night.
General: As I have made all the defence of which I believe
this city capable, I have fulfilled my obligation and done all re-
quired by that military honor whibh, to a certain degree, is com-
mon to all the armies of the civilized world; and as a continuation
of the defence would only bring upon the population distresses to
which they have already been sufficiently subjected by the evils
consequent upon war, and believing that the American government
will appreciate these sentiments, I propose to your excellency to
evacuate the city and citadel, taking with me the personnel and
materiel of war which is left, and under the assurance that no pro-
secution shall be undertaken against the citizens who have taken
part in the defence.
Be pleased to accept the assurance of my most distinguished con-
sideration.
PEDRO DE AMPUDIA.
Senor Don Z. Taylor,
General-in- chief of the American Army.
[No. 3. J Head-quarters, Army of Occupation,
Camp before Monterey^ Sept. 24, 1846, 7 o''clockj a. m.
Sir: Your communication bearing date at 9 o'clock, p. m., on
the 23d, has just been received by the hands of Colonel Moreno.
Ex. Doc. No. 60. 349
In answer to your proposition to evacuate the city and fort with
all the personnel and materiel of war, I have to state that my duty
compels me to decline acceding to it. A complete surrender of the
town and garrison, the latter as prisoners of war, is now demanded.
But such surrender will be upon terms, and the gallant defence of
the place, creditable alike to the Mexican troops and nation, will
prompt me to make those terms as liberal as possible. The garri-
son will be allowed, at your option, after laying down its arms, to
retire to the interior, on condition of not serving again during the
war, or until regularly exchanged. I need hardly say that the
rights of non-combatants will be respected.
An answer to this commuication is required by 12 o'clock. If
you assent to an accommodation, an officer will be despatched at
once under instructions to arrange the conditions.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Major General J U. S. Ji.^ commanding.
Seilor D. Pedro de Ampudia,
General -in -chiefs Monterey.
Terms of capitulation of the city of Monterey^ the capital of JYuevo
Leon^ agreed upon by the undersigned commissioners, to wit:
General Worth, of the United States army, General Henderson,
of the Texan volunteers, and Colonel Davis, of the Mississippi
riflemen, on the part of Major General Taylor, commanding in
chief the United States forces, and General Raquena and General
Ortega, of the army of Mexico, and Senor Manuel M. Liana, gov-
ernor of J\^uevo Leon, on the part of Senor General Don Pedro
• ^impudia, commanding in chief the army of the north, of Mexico.
Art. I. As the legitimate result of the operations before this
place, and the present position of the contending armies, it is
agreed that the city, the fortifications, cannon, the munitions of
war, and all other public property, with the under mentioned excep-
tions, be surrendered to the commanding general of the United
States forces now at Monterey.
Art. II. That the Mexican forces be allowed to retain the fol-
lowing arms, to wit: The commissioned officers their side arms, the
infantry their arms and accoutrements, the cavalry their arms and
accoutrements, the artillery one field battery, not to exceed six
pieces, with twenty-one rounds of ammunition.
Art. III. That the Mexican armed forces retire; within seven
days from this date, beyond the line formed by the pass of the
Rinconada, the city of Linares, and San Fernando de Presas.
Art. IV. That the citadel of Monterey be evacuated by the
Mexican and occupied by the American forces to-morrow morning
at ten o'clock.
Art. V. To avoid collisions, and for mutual convenience, that
the troops of the United States will not occupy the city until the
350 Ex. Doc. No. 60.
Mexican forces have withdrawn, except for hospital and storage
purposes.
Art. VI. That the forces of the United States will not advance
beyond the line specified in the 3d article before the expiration of
eight weeks, or until the orders or instructions of the respective
governments can be received.
Art. VII. That the public property to be delivered shall be
turned over and received by officers appointed by the commanding
generals of the two armies.
Art. VIII. That all doubts as to the meaning of any of the pre-
ceding articles shall be solved by an equitable construction, and on
principles of liberality to the retiring army.
Art. IX. That the Mexican flag, when struck at the citadel, may-
be saluted by its own battery.
Done at Monterey, September 24, 1846.
W. J. WORTH,
Brigadier General U. S. Ji.
J. PINKNEY HENDERSON,
Major General commanding Texan volunteer's.
JEFF. DAVIS,
Colonel Mississippi riflemen.
^ T. RAQUENA.
T ORTEGA.
MANUEL M. LLANO.
Approved: Z. TAYLOR,
Maj. Gen. U. S. A.^ commanding.
PEDRO AMPUDIA.
[No. 96.] Head-quarters, Army of Occupation,
\ Camp near Monterey^ October 12, 1846.
Sir: I have the honor to acknowledge the communication of the
Secretary of War, with enclosures, dated the 22d ultimo; also one
from your office of September 21, relative to the resignations pf
volunteer officers, and " general orders" No. 41; all of which were
delivered by Lieutenant Armistead on the 10th instant.
It will be seen at once that, under the terms of the capitulation
of Monterey, I cannot detach a force south of a line from Linares
to San Fernando, and cannot therefore, even were there no other
obstacles, comply at present with the instructions of the Secretary.
I cannot doubt that, on seceiving the intelligence of the capture of
Montf rev, modified instructions were issued by the department.
I shall, with as little delay as possible, reply at length to the
Secretary's communication, and present my views in extenso on all
topics connected with the campaign.
I ara, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Major General U. S. ^., commanding.
The Adjutant General of the Army^
Washington^ D. C.
Ex. Doc. No. 60. 351
[No. 98.] Head-quartees, Army of Occupation,
Camp near Monterey^ October 15, 1846.
Sir: In my acknowledgment, dated the 12th instant, of the in-
structions of the Secretary of War, of September 22, I briefly
stated that the detachment to Tampico could not be made without
contravening the convention of Monterey. Other reasons and more
detailed views on this point, and the general question of the cam-
paign, I left to a subsequent communication, which I have now the
honor to submit for the information of the general-in-chief and
the Secretary of War. Such a point has been reached in the con-
duct of the war and the progress of our arms, as to make it proper
lb place my impressions and convictions very fully before the gov-
ernment.
I wish to remark, first of all, that I have considered Brigadier
General Wool, though formerly under my orders, yet as charged
by the government with a distinct operation, WMth which I was not
at liberty to interfere. - Though greatly in doubt as to the practi-
cability of his reaching Chihuahua with artillery, and deeming the
importance of the operation at any rate to be not at all commen-
surate with its difficulty and expense, I have accordingly refrained
from controlling his movements in any way. His force, therefore,
forms no element in my calculations, particularly as it is now, or
soon wnll be, entirely beyond my reach.
The Mexican army under General Ampudia has left Saltillo, and
fallen back on San Luis Potosi — the last detachment, as I under-
stand, being under orders to march to-day. General Santa Anna
reached San Luis on the 8th instant, and is engaged in concentra-
ting and organizing the army at that point. Whether the with-
drawal of the forces to San Luis be intended to draw us into the
country, far from supplies and support, or whether it be a political
movement, connected with Santa Anna's return to power, it is im-
possible to say; it is sufficient for my present argument to know
that a heavy force is assembling in our front. Saltillo, the capital
of Coahuila, is virtually in our possession, and can be occupied, if
necessary, the moment the convention is at an end. The occupa-
tion of Saltillo will lengthen our line seventy-five miles, but, on
the other hand, may enable us to draw at least a portion of our
breadstuffs from the country. San Luis is about three hundred
miles from Saltillo — perhaps more.
San Luis is a city of some sixty thousand inhabitants, in a coun-
try abundant in resources, and at no great distance from the heart
of the republic, whence munitions of war and reinforcements can
readily be draw^n. It is at the same time ne?.rly six hundred miles
from the Rio Grande, which must continue to be the base of our
operations, at least until we reach vSan Luis.
In view of the above facts, I hazard nothing in saying that a
column, to move on San Luis from Saltillo should, to insure success
be at least 20,000 strong, of which 10,000 should be regular troops.
After much reflection, I consider the above as the smallest number
of effective troops that could be employed on this service, without
352 Ex. Doc. No. 60.
incurring the hazard of disaster, and perhaps defeat. There would
be requiredj besides, to keep open our long line, protect the depots,
and secure the country already gained, a force of 5,000 men; this,
without including the force necessary to send to Tampico, to take
or hold that place.
The above estimate may seem large when it is remembered that
important results have been gained with a much smaller force.
But we have hitherto operated near our own base, and the Mex-
icans at a great distance from theirs. Saltillo may be considered
about equi-distant from the Rio Grande and San Luis. Every day's
march beyond it lengthens our already long line, and curtails
theirs; weakens us, and gives them strength. Hence, the mov^
ment should not be undertaken except with a force so large as to
render success certain.
In the above calculation I have supposed the Mexicans able to
concentrate at San Luis a force of 40,000 to 50,000 men. With toler-
able stability in the government, I doubt, not their ability to do
this; and it is not safe to assume any less number as a basis.
The force of twe'lve-months' volunteers has suffered greatly from
disease. Many have died, and a great number have been dis-
charged for disability. So much has their effective strength been
reduced by this cause, and present sickness, that, in the absence of
official returns, I am satisfied that 500 men per regiment would be
a large average of effectives among the volunteers. This would
give, including the cavalry, a force a little short of 9,000 men;
or, adding 4,000 regulars, (our present strength is not 3,000,) a total
force of 13,000 men. Leaving the very moderate number of 3,000
to secure our rear, I should not be able to march from Saltillo,
with present and expected means, at the head of more than 10,000
men; a number which, from considerations above stated, I deem to
be entirely inadequate.
And I now come to the point presented in the Secretary's letter.
A simultaneous movement on San Luis and Tampico is there sug-
gested; but it will leadily be seen that, with only half the force
which I consider necessary to march on one point, it is quite im-
possible to march on both; and, that nothing 'short of an effective
force of 25,000 to 30,000 men would, on military principles, jus-
tify the double movement. And it is to be remarked that the pos-
session of Tampico is indispensable in case we advance to San Luis,
for the line hence to the latter place is entirely too long to be
maintained permanently, and must be abandoned for the shorter
one from Tampico the moment San Luis is taken.
I have spoken only of the number of troops deemed necessary
for the prosecution of the campaign beyond Saltillo. It will be
understood that largely increased means and materiel of every kind,
will be equally necessary to render the army efficient; such as
cavalry and artillery horses, means of transport, ordnance stores,
&c.
The department may be assured that the above views have not
been given without mature reflection, and have been the result of
experience and careful inquiry. It will be for the government to
Ex. Doc. No. 60. 353
determine whether the war shall be prosecuted by directing an
active campaign against San Luis and the capital, or whether the
country already gained shall be held, and a defensive attitude as-
sumed. In the latter case, the general line of the Sierra Madre
might very well be taken; but even then, with the enemy in force
in my front, it might be imprudent to detach to Tampico so large
a force as 3,000 or 4,000 men, particularly of the description re-
quired for that operation. If the co-operation of the army, there-
fore, be deemed essential to the success of the expedition against
Tampico, I trust that it will be postponed for the present.
I have not been unmindful of the importance of taking Tampico,
and have at least once addressed the department on the subject.
Nothing but the known exposure of the place to the ravages of
yellow fever prevented me from organizing an expedition against
it last summer. I knew that if taken, it could not, with any cer-
tainty, be held, and that the cause would not be removed before
the last of November or first of December.
It may be expected that I should give my views as to the policy
oi" occupying a defensive line, to which I have above alluded. I
am free to confess that, in view of the difficulties and expense at-
tending a movement into the heart of the country, and particularly
IB view of the unsettled and revolutionary character of the Mexi-
can government, the occupation of such a line seems to me the best
course that can be adopted. The line taken might either be that
on which we propose to insist as the boundary between the repub-
lics — say the Rio Grande — or the line to which we have advanced,
viz: the Sierra Madre, including Chihuahua and Santa Fe. The
former line could be held with a much smaller force than the
latter; but even the line of the Sierra Madre could be held with a
force greatly less than would be required for an active campaign.
Monterey controls the great outlet from the interior. A strong
garrison at this point, with an advance at Saltillo and small corps
at Monclova, Linares, Victoria, and Tampico, would eflfectually
cover the line.
' I have limited my remarks to the position of the army on this
frontier and the requirements for a campaign against San Luis Po-
tosi, the suggestions in the Secretary's letter being confined to this
general theatre of operations. Should the government determine
to strike a decisive blow at Mexico, it is my opinion that the force
should land near Vera Cruz or Alvarado; and, after establishing a
secure depot, march thence on the capital. The amount of troops
required for this service would not fall short, in my judgment, of
25,000 men, of w^hich at least 10,000 to be tegular troops.
In conclusion, I feel it my duty to make some remarks which I
would gladly have been spared the necessity of submitting. I feel
it due to my position and to the service to record my protest
against the manner in which the department has sought to make
an important detachment from ray command, specifically indicat-
ing not only the general officers, but to a considerable extent the
troops, that were to compose it. While I remain in command of the
army against Mexico, and am therefore justly held responsible by
23
354 Ex. Doc No.
le government and the country for the conduct of its operations,
must claim the right of organizing all detachments from it, and
th(
I mi
regulating the time and manner of their service. Above all do I
consider it important that the Department of War should refrain
from corresponding directly with my subordinates, and communi-
cating orders and instructions on points which, by all military pre-
cept and practice, pertain exclusively to the general in chief com-
mand. Confusion and disaster alone can result from such a course.
The reason alleged, viz: the loss of time in communicating with
General Patterson, has no application, for the Secretary's despatch
came from that officer to my head-quarters in sixty hours, and he.
could not move, at any rate, without' drawing largely upon this
column for artillery and regular troops.
I beg it may be understood that my remarks have no personal
application. It is quite probable that in the event of making such
a detachment, I would have placed it under Major General Patter-
son; but I conceive that this mode of regulating details and order-
ing detachments direct from the Department of War is a violation
of the integrity of the chief command in the field, pregnant with
the worst evils, and against which I deem it my duty respectfully
but earnestly to protest.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Maj. Gen. v. S. A.^ cow.manding.
The Adjutant General of the Army, •
Washington. D, C.
I No. 100.1 Head-quarters, Army of Occupation,
Camp near Monterey, October 26, 1846.
Sir: In reply to so much of the communication of the Secretary
of War, dated September 22, as relates to the mode of supplying
the army, I beg leave to submit the follow remarks:
It would have been impossible hitherto, and is so now, to sustain
the army to any extent by forced contributions of money or sup-
plies. The country between the Rio Grande and Sierra Madre is
poor furnishing only corn and beef. These articles we obtain at
moderate rates; but if a different system had been adopted, it is
certain that they would not have been procured at all in sufficient
quantities. The prompt payment in cash for the few articles of
supply we have drawn from the country has neutralized much of
the unfriendly feeling with which we were regarded, and has con-
tributed greatly to facilitate our operations. The people have it
in their power at any time to destroy their crops, and would un-
doubtedly do so rather than see them taken forcibly. Add to
which, they would have no inducements to plant again. The prices
that have been paid are reasonable, being in almost all cases the
prices of the country.
Should the army in its future operations, reach a portion of the
Ex. Doc, No. 60 ^ 355
country which may be made to supply the troops with advantage,
I shall not fail to conform to the wishes and instructions of the
department in this particular.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Major Gen. U. S. Jl.j commanding.
The Adjutant General of the Army,
Washington, D. C.
War Department,
Washington, October 13, 1846.
Sir: Your communications of the 22d, 23d, and 25th ultimo, de-
tailing the operations of the army under your immediate command
at Monterey, have been received. The skill, courage, and gallant
conduct displayed on that occasion by the troops under your com-
mand, both regulars and volunteers, have added glory to our arms,
and merit from the government and people of the United States the
warmest expressions of gratitude and praise.
In relation to the terms of the capitulation of Monterey, the
President instructs me to say that he regrets it was not deemed
advisable to insist upon the terms which you had first proposed.
The circumstances which dictated doubtless justified the change.
The President, uninformed of these circumstances, does not know
in what degree the recent change in the government of Mexico
may have contributed to this result. Certain it is, however, ttat
the present rulers of that republic have not yet given any evidence
that they are " favorable to the interests of peace." Of this you
will have already been informed by my despatch of the 22d ultimo.
The government did not contemplate, as you will perceive by the
tenor of the despatches from this department, that there would
probably happen any contingency, in the prosecution of the war,
in which it would be expedient to suspend hostilities before the
offer of acceptable terms of peace.
In my despatch of the 22d ultimo, which had not reached you
when you entered into the arrangement with General Ampudia on
the 25th ultimo, there are considerations and facts stated which
render the continuance of the armistice extremely embarrassing.
As the offer lecently made by the United States to open negotia-
tions for a peace was not acceded to by the present rulers of Mexi-
co,, but reserved to be submitted to and acted on by a congress to
be assembled on the 6^h of December next, it was deemed by the
-government here highly important that the war in the mean time
should be prosecuted with the utmost vigor, to the end that they
might be made sensible of the evils of its continuance, and thereby
become more inclined to bring it to a speedy close. In pursuance
of this policy, an expedition was proposed, in my despatch of the
22d ultimo, for the purpose of taking possession of the entire de-
partment of Tamaulipas; and, under the belief that it would not
356 * Ex. Doc. No. 60.
interfere with your plans and operations, no doubt was entertained
that it ■would receive your concurrence and support. In anticipa-
tien thereof, measures have been already takien to carry it out at
the earliest practicable period.
By the arrangement you have made for a temporary suspension
of hostilities within certain limits of the enemy's country, if con-,
tinued to the end of the time stipulated, a considerable part of Ta-
maulipas will be exempted from military operations until within a
few days of the time fixed for the meeting of the Mexican congress,
and the expedition thereby delayed, or if prosecuted by the land
or naval forces, might bring into question the good faith of the
United States.
In the despatch before referred to you will perceive that an at-
tack by our naval force upon some places on the coast of Tamauli-
pas is also ^contemplated. Whatever may be the advantage or the
necessity of the eo-operation of a land force, it must be withheld
until near the close of November, if the armistice is continued to
the end of the stipulated period.
The government is fully persuaded that if you had been aware of
the special reasons disclosed in the despatch of the 22d ultimo, and
the intentions, of the government still entertained, you would not
have acceded to the suspension of hostilities for even the limited
period specified in the articles of capitulation; but as its continu-
ance depends upon the orders of your government, you are in-
structed to give the requisite notice that the armistice is to cease
at once, and that each party is at liberty to resume and prosecute
hostilities without restriction.
The city of Monterey is regarded as an important acquisition.
While held by a competent force, the authorities of Mexico may
be considered as dispossessed of the department of New Leon. It
is therefore proposed that you should make the necessary arrange-
ments for retaining possession of it during the war. For this pur-
pose it is suggested that you should strengthen its defences, and
take the proper measures for procuring supplies for the forces
which may he there stationed, not only for holding it securely, but
for carrying on military operations in the northern provinces of
Mexico.
Not only Monterey, but the State of New Leon, may, it is pre-
sumed, be regarded as a conquered country; and, as a consequence,
the civil authorities of Mexico are in a measure superseded, or at
least subject to your control. You will give this subject your con-
sideration, and permit only such civil functionaries to retain and
exercise power as are well disposed towards the United States.
It is an object of much interest to the government to be put in
possession of your views as to your future operations. The advan-
tages and the difficulties of penetrating further into the interior of
Mexico, are now probably satisfactorily ascertained by you.
Would it, in your judgment, be advisable, under existing circum-
stances, to advance beyond Monterey, or the positions necessary
to its security? The department has not the requisite information
to enable it to answer this question, but must leave it to your de-
Ex. Doc, No. 60. 357
termination and to your discretion to act in accordance with your
views upon that point.
In your communications of the 2d of July and 1st of August, you
express the opinion that your operations should be confined to the
northern provinces of Mexico; but whether, in carrying out your
views, you proposed to advance beyond the point you have already
reached, or Saltillo, is not stated, and probably could not be de-
termined till your arrival at Monterey. It is desirable to do what-
ever can be done to make an impression upon the enemy; but to
determine what it shall be, requires knowledge of the localities of
the country; of the means at your command; the force and re-
sources of the enemy; in fine, such knowledge as you possess or
have the means of acquiring.
The season for carrying on military operations in the enemy's
country lying on the gulf has now arrived. It is deemed impor-
tant that we should have possession of the whole of Tamaulipas
before the meeting of the Mexican congress in December. It is
hoped that the expedition for that purpose, suggested in my com-
munication of the 22d September, can be organized and sent for-
ward without at all interfering with the contemplated operation of
the forces under your immediate command.
Among the officers presented to your consideration to be em-
ployed in this expedition was Brigadier General Shields. Atten-
tion was directed to hira by the knowledge that he had become ac-
quainted with some of the principal inhabitants of Tamaulipas, and
by that means had acquired information which would have been
useful in conducting the enterprise. He has, however, since re-
ceive-d orders to join General Wool, and probably cannot be con-
veniently recalled. If this can be done, and another brigadier sent
to General Wool, it might be advantageous to the public service
to make the exchange. This is, however, left entirely to yourself.
As to the employment of Major General Patterson and Brigadier
General Pillow, the wishes of the President and department are
unchanged.
It is under consideration by the government, though not yet fully
determined, to land a considerable force in the vicinnity of Vera
Cruz and invest that city. Should this be undertaken, a larger
force of regular troops will be required than that assigned to the
Tamaulipas expedition. It is desired to know if in your opinion
a detachment of two thousand of this description of force can be
spared for that purpose from those under your command, without
essentially interfering with your plans and operations. It is not
desired or intended to weaken the force with you at Monterey, or
to embarrass you by diverting troops from the Rio Grande which
you may deem necessary as reinforcements to the execution of
your own contemplated operations.
I have the honor to be, very respectfully, your obedient servant,
W. L. MARCY,
Secretary of War.
To Major General Z. Taylos,
Commanding Army of Occupation^ Monterey, Mexico*
358 - Ex. Doc. No. 60.
War Department,
Washington^ October 13, 1846.
Sir: A messenger will leave this place to-jQorrow morning with
despatches for General Taylor. It is proper to apprize you that an
end will be put to the armistice agreed on by him and General
Ampudia for eight weeks, subject to the orders of their respective
governments by instructions from this department. General Tay-
lor, when he entered into it, was not apprised of the determination
(subject to his concurrence) of the government to send an expedi-
tion into the southern part of Tamaulipas. The continuance of
the armistice for eight weeks might interfere with that expedition.
You will not suspend your arrangements and efforts to move for-
ward with that expedition at the earliest period.
You will have been apprised, by my communications of the 22d'
of September, of the views of the government in regard to this
expedition. As the force to compose it is to be organized from the
troops under the command of General Taylor, and of course the
movement subject to his approval, you will receive orders from hins
in regard to it. It is not doubted that it will receive his hearty
approval. It is very desirable that the department of Tamaulipas
should be occupied by our troops before the meeting of the Mexi-
can Congress. All the regular troops which can be spared from
the seaboard, &c., have been or will be immediately ordered to the
Rio Grande. It is probable they will be needed for your com-
mand.
We shall anxiously await your determination as to the route tO'
be taken. Since w^riting the last despatch to you, I have received
information which induces me to believe that it can be made by
land; but that information is not of such a character as to warrant
any limitation to the discretion given by the department on that
point.
I am, with great respect, your obedient servant,
W. L. MARCY,
Secretary of War.
Major General R. Patterson,
17. S. A.J MatamoraSy Mexico.
[No. 105. J Head-quarters, Army of Occupation,
Camp near Monterey^ JVov ember 3, 1846.
Sir; I have only time before the departure of the mail to report
the arrival last evening of Major Graham, (topographical engi-
neers,) with despatches from the Department of War and Adjutant
General's office.
I acknowledge the receipt, by Major Graham, of the communi-
csitioQ of the Secretary of War dated October 13th; yours of Oc-
Ex. Doc. No, 60. 35^
tober 13th; copy of your letter to Lieutenant Parham, of October
7thj and " special orders" No. 99.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Major General U. S. A.^ commanding.
The Adjutant General of the Arnxy^
Washington J D. C.
(No. 107.] Head-quarters, Army of Occupation,
Camp near Monterey^ JYovember 8, 1846.
Sir: In reply to so much of the communication of the Secretary
of War, dated October 13th, as relates to the reasons which,induced
the convention resulting in the capitulation of Monterey, I have
the honor to submit the following remarks:
The convention presents two distinct points:
First. The permission granted the Me|^can army to retire with
their arms, &c. Secondly. The temporary cessation of hostilities
for the term of eight weeks. I shall remark on these in order.
The force with which I advanced on Monterey was limited, by
causes beyond my control, to about 6,000 men. With this force,
as every military man must admit who has seen the ground, it was
entirely impossible to invest Monterey so closely as to prevent the
escape of the garrison. Although the main communication with
the interior was in our possession, yet one route was open to the
Mexicans throughout the operations, and could not be closed, as
were also other minor tracks and passes through the mountains.
Had we, therefore, insisted on more rigorous terms than those
granted, the result would have been the escape of the body of the
Mexican force, with the destruction of its artillery and magazines;
our only advantage being the capture of a few prisoners of war, at
the expense of valuable lives and much damage to the city. The
consideration of humanity was present to my mind during the co.n-
ference which led to the convention, and outweighed ia my judg-
ment the doubtful advantages to be gained by a resumption of the
attack upon the town. This conclusion has been fully eonfirmed
by an inspection of the enemy's position and means since the sur-
render. It was discovered that his principal magazine, containing
an immense amount of powder, was in the cathedral, completely
exposed to our shells from two directions.- The explosion of this
mass of powder, which must have ultimately resulted from a con-
tinuance of the bombardment, would have been infinitely disas-
trous, involving the destruction not only of the Mexican troops
but of non-combatants, and even our own people, had we pressed
the attack.
In regard to the temporary cessation of hostilities, the fact that
we are not at this moment (within eleven days of the termination
of the period fixed by the convention) prepared to move forward in.
force, is a suflScient explanation of the military reasons which
dictated this suspension o%arms. It paralyzed the enemy during a
360 Ex. Doc. No> 60.
period when, from the want of necessary means, we could not pos-
sibly move. I desire distinctly to state, and to call the attention
of the authorities to the fact, that with all diligence in breaking
mules and setting up wagons, the first wagons in addition to our
original train from Corpus Christi (and but 125 in number) reached
my head-quarters on the same day with the Secretary's communi-
cation of October I3th, viz: the 2d inst. At the date of the surren-
der of Monterey our force had not more than ten days' rations; and
even now, with all our endeavors, we have not more than twenty-
five. The task of fighting and beating the enemy is among the
least difficult that we encounter: the great question of supplies
necessarily controls all the operations in a country like this. At
the date of the convention I could not, of course, have foreseen that
the department would direct an important detachment from my
command without consulting me, or without waiting the result of
the main operation under my orders.
I have touched the prominent military points involved in the con-
vention of Monterey. Where were other considerations which
weighed with the commissioners in framing, and with myself in ap-
proving, the articles of the convention. In the conference with
General Ampudia I was distinctly told by him that he had invited
it to spare the further effusion of blood, and because General Santa
Anna had declared himself favorable to peace. I knew that our
government had made propositions to that of Mexico to negotiate,
and I deemed that the change of government in that country since my
last instructions fully warranted me in entertaining considerations
of policy. My grand motive in moving forward with very limited
supplies had been to increase the inducements of the Mexican gov-
ernment to negotiate for peace. Whatever may be the actual views
or disposition of the Mexican rulers, or of General Santa Anna, it
i's not unknown to the government that I had the very best reason
for believing the statement of General Ampudia to be true. It was
my opinion at the time of the convention, and it has not been
changed, that the liberal treatment of the Mexican army, and the
suspension of arms, would exert none but a favorable influence in
our behalf.
The result of the entire operation has been to throw the Mexican
army back more than 300 miles to the city of San Luis Potosi, and
to open the country to us, as far as choose to penetrate it, up to the
same point.
I has been my purpose in this communication not so much to de-
fend the convention from the censure which I deeply regret to find
implied in the Secretary's letter, as to show that it was not adopted
without cogent reasons, most of vv-Jiich occur of themselves to the
minds of all who are acquainted with the condition of things here
To that end [ beg that it may be laid before the general-in~chief
and the Secretary of War.
I am, sir, very respectfully, your obedient servant,
Z. TAYLOR,
Major General U. S. A.^ commanding.
The Adjutant General of the Armyf
Washington^ D. C.
Ex. Doc. No. 60, 361
[No. 108.] Head-quarters, Army of Occupation,
Camp near Monterey^ J^Qvemher 9, 1846.
Sir : I have the honor to report that, in compliance with the in-
structions of the Secretary of War, communicated in his letter of
October 13th, I hav^e formally notified the Mexican general-in-chief
that the temporary suspension of arms agreed upon in the conven-
tion of Monterey will cease on the 13th instant, the date at which
the notice will probably reach San Luis de Potosi. This notifica-
tion was sent by Major Graham, topographical engineers, who left
on the 6th instant.
You will perceive from my "orders" No. 139 what arrangements
have been made for the occupation of Saltillo, at the earliest mo-
ment, by our troops. Whether our operations are pushed forward
towards San Luis or not, the occupation of Saltillo is important;
politically, as the capitally of Coahuila, and in a military view as
oovering an important region from which we may draw supplies-
Brigadier General Wool, with a portion of his force, arrived at
Monclova on the 29th of October, and is ^o\v joined by the rear
division. He reports no practicable route to Chihuahua, except the
one by Paras, which will bring within a few leagues of Saltillo.
He inquires what is to be gained by going to Chihuahua'? And lam
free to answer, nothing, at all commensurate with the excessive
length of his line of operations. Chihuahua, moreover, is virtually
conquered, and can be occupied at any moment while we hold Sal-
tillo and Santa Fe. I shall instruct General Wool to remain at
Monclova, where there are supplies, until 1 can determine what
disposition to make of his column, which cannot be done until I
visit Saltillo.
I have taken the first steps towards organizing the expedition on
Tampico, and propose to accompany it, for the purpose at least of
commanding a covering force. There will be some delay for the
want of means of land transports-
The information received since ray communication of October
15th, relative to the route hence to San Luis, renders it more than
probable that, from the want of permanent water, it will be impos-
sible to march a large force from Saltillo to that city. I hope to
acquire certain information on this point in a few days.
At the latest advices from the interior the army was yet at San
Luis, some 12,000 strong. It is reported, also, that Tampico has
been entirely evacuted; but I deem this hardly credible. Some ru-
mors that Santa Anna had been proclaimed dictator have not been
confirmed.
I am, sir, very respectfully, your obedient 4ervaut.
Z. TAYLOR,
Major General U. S. A,^ commanding.
The Adjutant General of the Arviy^
Washiri^ton, D. C.
362 Ex. Doc. No. 60.
[Orders No. 139.]
Head-quarters, Army of OccupatioNj
Caynp near Monterey, November 8, 1846.
I. Under instructions from the Department of War, the general-
in-chief of the Mexican forces has been duly notified that the tem-
porary cessation of hostilities, agreed upon at the convention of
Monterey, will cease and determine from the 13th inst., after which
date the American forces will be free to cross the line of demarca-
Tion established in said convention.
II. Saltillo, the capital of the State of Coahuila^ will be occupied
by the United States troops. The following corps of the 2d divi-
sion will form the garrison in the first instance, to be increased as
circumstances may require; Lieutenant Colonel Duncan's battery,
artillery battalion, (8 companies,) 8th infantry, 5th infantry, and
Captain Blanchard's company of Louisiana volunteers; the whole to
be commanded by Brigadier General Worth. Lieutenant MackalPs
battery, the 7th infantrj*, and one company of the artillery battalion,
(to be selected by General Worth,) will remain in Monterey, under
command of Colonel Smith, regiment of mounted riflemen.
III. The corps above designated for the occupation of Saltillo
will march, under General Worth, on the 12th inst. The command-
ing general will march at the same time, with the two squadrons of
the 2d dragoons under Lieutenant Colonel May. The troops will
take four rations in their haversacks. Rations of salt meat for tea
days, of bread for five days, and small rations for twenty days, will
be thrown forward at the same time.
IV. Suitable arrangements will be made by the medical director
for the care of the invalids necessarily left behind by the 2d divi-
s,ion. They will be sent forward to their companies as rapidly as
they may recover health and strength.
V. The quartermaster's department will provide the necessary
transportation to carry out the above order.
By order of Major General Taylor.
W. W. S. BLISS,
Assistant Adjutant General .
Official:
H. S. GARNETT,
Liexitenant and .i. D. C
Washington, October 22, 1846.
S}R ; Major Robert W, McLane, who is charged with the de-
spatches which he will deliver to you, possesses the entire confi-
dence of the President and myself, and has had communicated to
him the purport of the despatches which he will deliver to you, and
Ex. Doc. No. 60. 363
you can confer freely and safely with him. He is commended to
your favorable consideration and kind attention. *
Very respectfullyj your obedient servant,
W. L. MARCY,
Secretary of War.
Major General Z. Taylor,
Commanding U. S. Army in Mexico.
* War Department, October 22, 1846.
Sir : It is apprehended here that the recent change in the political
affairs of Mexico will have an important bearing upon our military
movements, and may render it necessary to modify in some respects
the plans of operation.
Santa Anna is at the head of the war party, and appears to have
entered with zeal upon his duties as general-in- chief of the Mexi-
can army. It is not improbable that he may succeed in collecting
and keeping together a considerable'force; but the promise of change
in the form of government is probably a more important considera-
tion in regard to the prosecution of the war. The northern depart-
ments of Mexico were opposed to the central, and in favor of the
federal system. The former was forced upon them and maintained
by military power. This undoubtedly produced throughout these
provinces considerable disaffection to the central government.
The existence of this disaffection was not overlooked either by
yourself or the government here in the plan of the campaign, de-
signed to be principally confined to these provinces, and it was pre-
sumed that it would materially affect the extent to which our oper-
ations in them could be safely carried.
The views presented in your communications of the 2d of July
and 1st of August appeared to be sound, and were fully concurred
in by the government. According to these views, the extent to
which you could penetrate the enemy's country in the direction of
Montery would depend mainly upon the facility of obtaining sup-
plies, and of keeping open your line of communication with the Rio
Grande. In both these respects, it was foreseen that much would
depend upon the disposition and feelings of the Mexican people.
Though there was, when, you wrote your letter of the 1st August,
as you state, good reason to believe that the country lying between
the Rio Grande and the Sierra Madre was disposed to throw off the
yoke of the central government, and there was then a hope that it
would do so when there should be a strong American force between
it and the city' o.f Mexico, the aspect of things in this particular
appears to have since changed. The new rulers of Mexico have
declare'd in favor of the federal system, and thus gratified the wishes
of the northern provinces. It is, I apprehend, no longer reasonable
to expect from them evenneutrality, and our measures must be taken
on the assumption that they will co-operate with the enemy in car-
rying on the war, and do all they can to impede our. movements.
364 Ex. Doc. No. 60.
In your communication of the 1st of August you state that ''whether
a large force can be subsisted beyond Monterey must be determined
by actual experience, and will depend much upon the disposition
of the inhabitants towards us." We are led tobelieve, from all the
information we have received, that the inhabitants are not only
hostile, but will be active in obstructing our march into the interior;
and that it wnll not be safe to proceed beyond Monterey, with a
view of taking and holding a permanent position. The risk of ex-
tending your line beyond that point, or such positions as you may
occupy for its defence and security, would probably counterbalance
the advantages of proceeding further into the interior, unless you
have an adequate force, and could command ample means to reach
San Luis Potosi, with a view to its secure occupation. It is believed
you are not in a condition to do this, if the disposition of the Mexi-
can people is such as has been indicated. Indeed, serious doubts
are entertained here whether you ought to extend your line beyond
the place you have reached and its necessary dependencies. Should
your concur in this view, as it is presumed you will from the tenor
of your despatches, you will then turn your attention to securing
your position at Monterey, keeping open your line of communica-
tion with the Rio Grande. I refer you to what was said on this
subject in my letter of the 13th instant. It is not intended, by what
is here said, that you should be restrained from making excursions
beyond Monterey and the department of New Leon, if you should
see occasion to do so. The enemy should be impressed wuth the
belief that you intend to move forward, to the end that they may
not withdravr their forces and employ them on ether points. Should
the force assembled to resist you be withdrawn, or ascertained not
to be in sufficient number to oppose serious obstacles to your further
advance, you will exercise your own discretion, under all the cir-
cumstances, in regard to any forward movement; but it is not
thought here that this can be done with a view to take a permanent
position much beyond that you now occupy, unless you should deem
it proper for your own security at Monterey to advance so far as to
occupy the difficult passes between that city and Saltillo. This,
however, is left altogether to your own judgment. Monterey may
be considered a position in advance of Monclova and Chihuahua,
and it is questionable whether, in a military point of view, the oc-
cupation of them, with the ascertained change in the circumstances
and feelings of the inhabitants, will produce compensating advan-
tages, as a considerable force, which might be usefully employed in
other quarters, will be required to take and hold them.
It is not doubted that General Wool will be able to capture Chi-
huahua^ but if the population should be disposed, as it is appre-
hended they will be, to obstruct his movements and withhold sup-
plies, it is doubtful whether he has a sufficient force to sustain him-
self long in that position. Should the contemplated military and
naval operations on the gulf coast be put in execution, troops to
reinforce him, in case his condition required it, cannot well be
spared. Under a full view of all the circumstances, it is siiggested
whether it would not be best to have his forces united with yours
Ex. Doc. No. 60. 365
at Monterey, or on the Rio Grande. If he should not have ad-
vanced too iar on his march to Chihuahua before you can commu-
nicate with him, it may be advisable that he should at once form
a junction M^ith you. With these suggestions, which are necessarily
vague for want of more full and particular information on the sub-
ject, this matter is left entirely to your discretion.
In a communication received from General Kearny, written soon
after he had taken Santa Fe, he informed the department that he
might have more troops than were necessary for his purposes, and
in that event should detach a few hundred men and send them to
General Wool. Should General Wool be ordered to join you, it
will be important that information should be sent to notify this de-
tachment of the change in his position, and to give it instructions
for its conduct. Should it proceed to Chihuahua, and General Wool
not be there, it wnll be exposed to be cut off. I am not prepared
to say what disposition should be made of this detachment, if it has
in fact been sent forward to join the Chihuahua expedition. It
is important that it should receive such orders as will lead to its
safety. General Wool will be instructed by you to look to this.
The mere intimation from General Kearny that he might send off
such a detachment, renders it necessary that proper steps should be
taken to prevent it from falling into the hands of the enemy.
I informed you in my last despatch that, in connexion with an
invf.sion of Tamaulipas and attack on Tampico, an erxpedition
against Vera Cruz was then under advisement. Upon a more full
consideration of the subject, it is believed that Vera Cruz may be
taken; and, having possession of that city, the castle of San Juan
d'Ulioa might probably be reduced or compelled to surrender. If
the expedition could go forth without the object being known to the
enemy, it is supposed that four thousand troops would be a sufficient
force for the enterprise, receiving, as they would, the co-operation
of our naval force in the gulf; but at least fifteen hundred or two
thousand of them should be of the regular army, and under the
command of officers best calculated for such an undertaking. In
looking at the present disposition of the troops, it appears to be
scarcely possible to get the requisite number of regulars without
drawing some of those now with you at Monterey, or oh the way
to that place. Should you decide against holding military posses-
sion of any place in Coahuila or Chihuahua, and order the troops
under Gener'.l Wool to join you, it is presumed that the requisite
force for the expedition to Vera Cruz could be detached without
interfering with your plans of operation. Whilst the government
is anxious that nothing should occur to prevent the expedition to
Vera Cruz, regarding it of great importance, yet if by withdrawing
from your immediate command the force necessary for this purpose
the army with you may be placed in danger, this expedition must
for the present, be either deferred or abandoned; a result deeply to
be regretted. On the spot, you will know the strength of the force
advancing against you, and the number of troops necessary to resist
it; you will by no means weaken yourself so as to expose the
army under your command to the probable hazard of disaster. It
366 Ex. Doc. No. 60.
is desirable to avoid delay; you will, therefore, unless it materially
interferes with your own plan of operations, or weakens you too
much in your'present position, make the necessary arrangements for
having four thousand men (of whom fifteen hundred or two thou-
sand should be regular troops) ready to embark for Vera Cruz, or ||
such other destination as may be given them, at the earliest prac-
ticable period. The place of embarkation will probably be the
Brazos Santiago, or in that vicinity.
The preparations for such a movement will necessarily attract ,
public attention, and give rise to rumors as to its destination; and"
knowledge of it may reach the enemy in season for them to take
additional measures to defend that place unless great caution is ob-
served. It seems now to be generally understood that an expedi-
tion is about to be fitted out against Tarapico, or some place in the
department of Tamaulipas. It may be well to have such generally
considered the point of attack; and should unforeseen difficulties
arise in regard to Vera Cruz, the movement may be turned in that
direction. If the impression generally prevails«that an expedition
is fitting out for Tampico, or some place on the coast of Tamaulipas,
the enemy will more readily expect a forward movement ,on your
part towards San Luis Potosi as cotemporaneous with such an
attack, and, under this view of our operations, would be diverted
from any extraordinary preparations for the defence of Vera Cruz.
Tampico may be attacked by the squadron alone, before the em-
barkation of the land force; but to accomplish the primary object,
the military expedition will proceed directly to Vera Cruz, and with
the CO operation of the squadron have better assurance of success
in the cornbine.l attack on that place. Secrecy is, therefore, of the
utmost importance. The belief should be encouraged that Tampico
is the destination of the expedition, and its real object be made
known only to such officers as must be apprised of it, to enable
them to perform their duty in the enterprise, and to them under the
strictest injunctions of confidence.
Enclosed you will receive a copy of a communication from
Mr. J and it is believed that entire confidence may be placed
in the accuracy of his representations, as they are founded on his
personal observations. You will also receive herewith a rough
sketch of the topography of Vera Cruz and the adjacent localities.
These you are desired to place in the hands of the commanding offi-
cer of the expedition, with such remarks and suggestions of your
own as may be useful to him.
As it was suggested in former communications that Major Gen-
eral Patterson should be placed in comrnand of the expedition
against Tamaulipas, it is deemed proper that he should still occupy '
that position in the expedition fitted out against Vera Cruz. I have
no further suggestions to make as to a brigadier general to com-
mand the volunteers. In regard to the commanding officer of the
regular force, it would meet the views of the government if you
should select Brevet Brigadier General Worth. In that event you
are directed by the President to assign him to that command by
virtue of his brevet rank.
Ex. Doc- No. 60, 367
It is proposed that Colonel Totten, the chief engineer, Major
Baker, of the ordnance corps, and some officer of rank and experi-
ence of the topographical corps, shall accompany the expedition,
with others of inferior rank in these respective branches of the public
service. Such of these officers as are not now with the army will
be ordered to proceed to the Rio Grande, and report to the com-
mander of the expedition.
I have the honor to be, very respectfully, your obedient ser-
vant,
W. L. MARCY,
Secretary of War.-
Major General Z. Taylor,
Commandi7ig U S Army in Mexico.
War Department,
Washi?7gton, October 29, 1846.
Sir: As the views in relation to the expedition on the o-ulf coast
presented in my last despatch, embraced some matters not set forth
in that of the 22d of September, I thought it might be useful to
make Major General Patterson acquainted with them sooner thar.
it could be done through you. I have, therefore, transmitted a copy
of it to him. I send you herewith a copy of the letter to General
Patterson, and a copy of instructions from the Navy Department to
the commander of our squadron in the gulf, relating to the contem-
plated expedition and the co-operation of the naval force.
I am, with great respect, your obedient servant,
W. L. MARCY,
Secretary of War.
Major General Z. Taylor,
Commanding U. S. Army in Mexico.
\\ AR Department,
Washington, October 28, 1846.
Sir: I herewith enclose to you a copy of a despatch of the 22d
instant to Major General Taylor, and also a copy of one from the
Secretary of the Navy to the commander of our squadron in the
gulf of Mexico.
By the former you will perceive that, beyond the objects pro-
posed in ray communications to you and to General Taylor of the
22d ultimo, for the expedition therein suggested, the attention of
the government has been since turned towards an attack upon Vera
Cruz.
The fitting out of such an expedition was a suggestion, and de-
pended upon General Taylor's concurrence in its expediency.
Should he approve of it, and find himself in a condition to detach
the necessary force, it. will then become an important question
368 Ex Doc, No. 60.
whether it shall be directed against Vera Cruz, or confined to opera-
tions in the department of Tamaulipas; and this question can only
be determined by a full view of all the circumstances as they shall
exist when the expedition is prepared to begin operations. If, at
the time it is so prepared, the latest information shall warrant the
belief that Vera Cruz cannot be attacked with a reasonable pros-
pect of success, it is not expected it will be attempted.
Our object is to strike an elTective blow at the enemy; and, if
Vera Cruz can be taken, and by that means the castle of San Juan
d'Ulloa reduced, it would be an important event in the war; but
the force which is proposed to be sent against that place, or the
largest which could be assembled for that purpose without mate-
rially interfering with other operations, may not be sufficient to
insure reasonable hopes of success, provided the enemy should an-
ticipate our design upon that place in season to strengthen its de-
fences and greatly increase his forces at that point. Whether Vera
Cruz will be found in a condition to be attacked by such means as
may be collected for that purpose, must be left to your own deter-
mination, and that of the commander of our gulf squadron. As
you are to co-operate with the naval force, your movements will
necessarily be the result of your joint counsels. If Vera Cruz
should, al! circumstances considered, be found to be too dangerous
an enterprize tx) be attempted, your attention will then be directed,
to the capture of Tampico. It is not doubted that you will have-
ample means, aided as you will be with the co-operation of the
squadron, to take that place, or make a descent on any other place
in Tamaulipas, and subdue the whole department.
You will not expect from this place directions m regard to the
particular movements of the expedition, for they must depend in a
great measure upon the condition of things at the moment of action.
The objects which it is desirable to accomplish have been indicated,
but how far the expedition can go in obtaining these objects, or any
of them, you must judge, comparing, as you will, your means with
the obstacles to be met and overcome.
For the Information necessary to guide your movements, you must
depend in a great measure upon the navy; and you will perceive,
by the orders from the Navy Department, that steps have been
already taken for constant communication between you and the
commander of the squadron. You will avail yourself of it to con-
fer freely with him, and to indicate such aid and co-operation as
you may need from the naval force.
The department is anxious for your reply to my communication
of the 22d ultimo. The Quartermaster General is, I presume, at
this time on the Rio Grande. He has general instructions to pre-
pare all that may be required for the expedition to be fitted out
under your command. Officers in the other branches of the mili-
tary service will be sent, as stated in the copy of the despatch to
General Taylor, to accompaiy the expedition, and will be with you
in season to attend your movements.
It is proper that I should remark that the department has not
received from General Taylqr, and could not have received, on ac-
Ex. Dob. No. 60. 369
count of the short perio4 since he was addressed on the subject,
any information as to what are his views in regard to the expedi-
tion. In ray despatches to him you were presented to his consid-
eration as the commanding officer, and this is addressed to you, as
otheY communications have been, on the supposition that orders will
be given by him for the employment of yourself, as well as the
other officers therein named, for duty as suggested.
Very respectfully, your obedient servant,
W. L. MARCY,
Secretary of War,
Major General Robert Patterson,
U. S. Army^ commanding on the Rio Grande.
War Department,
Washington, J^ov ember 25, 1846.
Sir: You will have perceived by my despatch of the 13th ult.
that the government apprehended at that time that you would'^^e
likely to encounter many and serious difficulties in extending your
line of operations as far as San Luis Potosi. These apprehensions
are confirmed by your despatch of the 15th ult., which was received
on the 20th inst. In the belief that it might not be advisable, un-
less circumstances favored, to push forward in that direction, it be-
came more important that operations should be undertaken on the
gulf coast. In case that it should be decided not to attempt at
present to take any place beyond Monterey or Saltillo, with a view
of holding permanent possession, it was believed that a sufficient
force would be detached from the troops now in the field (with
such additions as can be soon made) for a successful attack upon
the most important points on the coast, still leaving enough to hold
the positions you have gained, and menace the enemy with a foj*-
ward movement.
By intercepting my despatch of the 2d of September, (a copy of
which I herewith transmit,) and probably through other means, the
enemy has already become aware of our intentions to operate in
that quarter, and undoubtedly will be prepared to make a vigorous
resistance. It has become quite evident that a larger force than
that indicated in my communication of the 13th ult. will be required
for that expedition. The President having decided to send Major
General Scott to the seat of war, communicated this determination
to him on the l8th inst. Since that time the general has been en-
gaged in m king preparations here, principally with a view to mili-
tary operations on the shores of the gulf, and left yesterday for the
Rio Grande.
The competence of a military tribunal to take cognizance of such
a case as you have presented in your communication of the 11th
ult., viz: the murder of a Mexican soldier, and other otfences not
embraced in the express provision of the articles of war, wasdeemed
80 questionable that an application was made to Congress at the
last session to bring them expressly within the jurisdiction of such
24
370 Ex. Doc. No. 60.
a tribunal, but it .was not acted on. I am not prepared to say that,
under the peculiar circumstances of the case, and particularly by
the non-existence of any civil authority to which the offender could
be turned over, a military court could not rightfully act thereon;
yet very serious doubts are entertained upon that point, and the
government do not advise that course. It seriously regrets that
such a flagrant offender cannot be dealt with in the manner he de-
serves. I see no other course for you to pursue than to release him
from confinement, and send him away from the army; and this is
recommended. It is intended to invite the attention of Congress
again to this subject, in order to have provision made for such
cases; but it cannot be so done as to operate ex post facto, and of
course will not embrace the case in question.
I refer with reluctance to your remarks upon that part of my
despatch of the 22d of September which relates to the Tampico
expedition. As you have misconceived the views of the govern-
ment, and made the course pursued here the ground of a formal
protest, it seems to be proper that I should notice your animadver-
sions upon it. I think you have erred in regarding what was put
forth as suggestions, in the light of peremptory commands. It was
intended to leave the whole subject, as well the organizing and
sending forth the expedition as the designation of the officers to
command it, to your approval and final judgment. Such I think
the fair import of the language used to manifest this intention. Con-
sidering the large number of troops on the Rio Grande, and on the
way there, it was presumed here that a part of them could bespared
for the Tampico expedition; but you were expressly informed that
none would be withdrawn from that line if, in your opinion, it
" would interfere wuth your operations;" and it was not then sug-
gested that any should be taken from your advancing column. So
in relation to the general officers proposed for the command of the
force: they were not to be taken if " it should interfere with your
previous arrangement in regard to these officers." They were pre-
sented to your consideration for that service, because they were not
employed with the column advancing into the enemy's country,
but were with the troops on the Rio Grande, from w^hich most of
the force for the expedition, it was presumed, would be detached.
Certainly no disrespect was intended towards you as command-
ing general; nothing was proposed which could deprive you of the
means of securing success to your own plans of operation. After
a respectful consideration of your remarks, and a re-examination of
that part of my despatch which you deem exceptionable, I cannot
regard it as an encroachment upon your just rights, or " a violation
of the integrity of the chief command in the field."
You must be aware that in my official communications I am only
the medium of presenting the views of the President; and you will
not question his right as commander-in-chief to make suggestions
as to the movements of the forces under your command, or as to the
officers to be employed in these movements. Ha 
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