Message from the President of the United States of America: Transmitting the Information required by a resolution of the House of Representatives of the 13th ultimo, concerning the Boundary between the United States and the Republic of Mexico: 25th Congress, First Session: Document No. 42. [House of Representatives, Executive] [Digital Version]

To the House of Representatives of the United States:

In compliance with the resolution of the House of Representatives of
the 13th ultimo, concerning the boundary between the United States
and the Mexican republic, and a cession of territory belonging to the
Mexican confederation to the United States, I transmit a report from
the Secretary of State, and the documents by which it was accompanied.

M. VAN BUREN. WASHINGTON, October 2, 1837.

To the President of the United States:

The Secretary of State, to whom was referred a resolution of the
House of Representatives dated the 13th ultimo, requesting the President
to communicate to that House, so far as may be consistent with the
public interest, all the correspondence between the Government of the
United States and that of Mexico, concerning the boundary between
them, and particularly concerning any proposition for a cession of territory
belonging to the Mexican confederation to the United States; and
also, all correspondence relating thereto between the Department of
State and the diplomatic representatives of the United States in Mexico,
and of the said Department with those of the Mexican republic accredited
to the Government of the United States, has the honor to lay before
the President copies of all the correspondence between the two Governments
on the subject of the boundary line, not heretofore cemmunicated

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to Congress, and of all the instructions to the representatives of
the United States at Mexico, on the subject of a cession of territory by
the Mexican confederation to the United States. No other correspondence
between the Governments of the United States and Mexico has
taken place on the subject of a cession of territory, either at Mexico or
at Washington. In one of his communications to this Department, however,
Mr.Butler mentions a note which he had addressed to Mr. Alaman
on the 15th of July, 1832, giving his reasons for reviewing the question
of boundary, and explaining the advantages which both nations would
probably derive by changing the line from the Sabine. No copy of this
note has ever been communicated to this Department, nor is there any
draught or record of it in the archives of the legation of the United States
at Mexico.

The communications of the representatives of the United States to
their own Government, on that subject, are within the limitation contained
in the resolution referred to this Department.

All which is respectfully submitted.

JOHN FORSYTH. DEPARTMENT OF STATE,
Washington, October 2, 1837.

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Mr. Clay to Mr. Poinsett.—Extract.

DEPARTMENT OF STATE,
Washington, March 26, 1825.

The final establishment of the limits between the territories of the United
States and those of the United Mexican States is an interesting object, to
which you will direct your attention. By the third article of the treaty
“of amity, settlement, and limits, between the United States of America
and his Catholic Majesty,” concluded and signed at Washington on the
22d day of February, 1819, it is povided that “the boundary line between
the two countries west of the Mississippi shall begin on the Gulf of Mexico,
at the mouth of the river Sabine, in the sea, continuing north, along the
western bank of that river, to the 32d degree of latitude; thence by a line
due north, to the degree of latitude where it strikes the Rio Roxo of Natchitoches
or Red river; then following the course of the Rio Roxo westward,
to the degree of longitude 100 west from London and 23 from
Washington; then crossing the said Red river, and running thence, by a
line due north, to the river Arkansas; thence following the course of the
southern bank of the Arkansas to its source, in latitude 42 degrees north,
and thence by that parallel of latitude to the South sea. The whole being as
laid down in Melish's Map of the United States, published at Philadelphia,
improved to the first of January, 1818. But if the source of the Arkansas
river shall be found to fall north or south of latitude 42, then the line shall
run from the said source, due south or north, as the case may be, till it
meets the said parallel of latitude 42. and thence along the said parallel to
the South sea. All the islands in the Sabine and the said Red and Arkansas
rivers, throughout the course thus described, to belong to the United
States; but the use of the waters and the navigation of the Sabine to the
sea, and of the said rivers Roxo and Arkansas, throughout the extent of the
said boundary, on their respective banks, shall be common to the respective
inhabitants of both nations.”

By the fourth article, provision is made for the appointment, by each of
the contracting parties, of a commissioner and surveyor, to fix, with more
precision, the line described in the third, and to place the land-marks which
shall designate exactly the limits of both nations; but it has not yet been
carried into execution. That treaty having been concluded when Mexico
composed a part of the dominions of Spain, is obligatory upon both the
United States and Mexico. On the 15th of February, 1824, Mr. Torrens,
the chargé d'affaires from Mexico near this Government, addressed a note
to this Department, (of which a copy is annexed.) in which he declares
the willingness of the supreme executive power of Mexico to accede to the
limits agreed upon in the third article above mentioned, and its readiness
to co-operate with the United States in carrying into complete effect those
two articles.

Some difficulties may possibly hereafter arise between the two countries
from the line thus agreed upon, against which it would be desirable now
to guard, if practicable; and as the Government of Mexico may be supposed
not to have any disinclination to the fixation of a new line which
would prevent those difficulties, the President wishes you to sound it on
that subject; and to avail yourself of a favorable disposition, if you should

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But if you shall find that the Mexican Government is unwilling to alter
the agreed line in the manner proposed, and that it insists upon the execution
of the third and fourth articles of the treaty before mentioned, you are
authorized to agree to the recognition and establishment of the line as described
in the third article, and to the demarcation of it forthwith, as is
stipulated in the fourth. But, in that case, you will urge, not however as
a sine qua non, the insertion of an article in the treaty, by which each party
shall undertake to restrain the Indians residing within his territories from
committing hostilities upon the people, Indians, or territories, of the other.
The example of such an article, which will at the same time furnish a model
for that which is proposed, is to be found in the fifth article of the treaty
of friendship, limits, and navigation, between the United States of America
and the King of Spain, which was signed at San Lorenzo el Real, the 27th
day of October, 1795. The hostilities which the President is desirous to
restrain are afflicting to humanity when confined to the Indians themselves;
but they often affect, collaterally, peaceable citizens who are no parties to
them, and their property.

Mr. Torrens to Mr. Adams.

WASHINGTON, February 15, 1824.

SIR

The supreme executive power of Mexico, wishing to remove all
matters that might affect the good understanding which it is its desire to
maintain with the Government of the United States of America, communicated
to me, through the minister of internal and foreign affairs, the
necessary instructions to solicit from this Government that the limits between

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I am, with the highest respect,
Your excellency's most obedient servant.
JOSE A. TORRENS. His Excellency JOHN QUINCY ADAMS,
Secretary of State.

Mr. Clay to Mr. Poinsett.—Extracts.

DEPARTMENT OF STATE,
September 24, 1825.

The President approves of your consenting to treat on the two subjects
of commerce and limits separately. Indeed, it was never contemplated
that one of them should be dependent on the other.

The President sees, with regret, the reluctance, on the part of the Mexican
Government, to agree to the opening of the road from Missouri
towards Santa Fé. The road was intended for purely commercial purposes,
and doubtless the people of both countries would be benefited by the
exchanges which it would facilitate. No misconception could be greater
than that of its having originated in views of territorial acquisition. If
either party could lose by it, it would probably be the United States, many
of whose enterprising citizens might be tempted, by the intercourse to
which it would lead, in consequence of the greater cheapness, or other advantages,
of the lands of the internal provinces, to migrate thither. The
connexion between the fixation of limits and the proposed road is not perceived.
Wherever the limits may now or hereafter shall be established,
the road will be useful. It proposes no disturbance in existing or contemplated
limits. In fact, an imperfect trace or road, such as it is, is
now used; and the sole question is, whether it shall be rendered more
convenient to the persons whose interest or inclination shall induce them
to travel it. To defer making the road more visible and comfortable, for
an indefinite period; to deny to the parties mutually a certain benefit, in
prospect of a future and contingent arrangement, to which it has no necessary
relation, does not seem advisable.

Nor does the President perceive the utility of a joint appointment by
the two Governments, of “commissioners who, by examining, together,

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Mr. Clay to Mr. Poinsett.—Extract.

DEPARTMENT OF STATE,
Washington, March 15, 1827.

SIR:

The great extent and the facility which appears to have attended
the procurement of grants from the Government of the United Mexican
States, for large tracts of country to citizens of the United States, in the
province of Texas, authorize the belief that but little value is placed upon
the possession of the province by that Government. These grants seem to
have been made without any sort of equivalent, judging according to our
opinions of the value of land. They have been made to, and apparently
in contemplation of being settled by, citizens from the United States.
These emigrants will carry with them our principles of law, liberty, and
religion; and however much it may be hoped they might be disposed to
amalgamate with the ancient inhabitants of Mexico, so far as political
freedom is concerned, it would be almost too much to expect that all collisions

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The fixation of a line of boundary of the United States on the side of
Mexico, should be such as to secure, not merely certainty and apparent
safety in the respective limits of the two countries, but the consciousness of
freedom from all danger of attack on either side, and the removal of all
motives for such attack. That of the Sabine brings Mexico nearer our
great Western commercial capital than is desirable; and although we now
are, and for a long time may remain, perfectly satisfied with the justice
and moderation of our neighbor, still it would be better for both parties
that neither should feel that he is in any condition of exposure on the remote
contingency of an alteration in existing friendly sentiments.

Impressed with these views, the President has thought the present might
be an auspicious period for urging a negotiation, at Mexico, to settle the
boundary between the territories of the two republics. The success of the
negotiation will probably be promoted by throwing into it other motives
than those which strictly belong to the subject itself. If we could obtain
such a boundary as we desire, the Government of the United States might
be disposed to pay a reasonable pecuniary consideration. The boundary
which we prefer is that which, beginning at the mouth of the Rio del
Norte in the sea, shall ascend that river to the mouth of the Rio Puerco,
thence ascending this river to its sburce, and from its source, by a line due
north, to strike the Arkansas, thence following the course of the southern
bank of the Arkansas to its source, in latitude 42° north, and thence by
that parallel of latitude to the South sea. The boundary thus described
would, according to the United States Tanner's map, published in the
United States, leave Santa Fé within the limits of Mexico and the whole
of Red river or Rio Roxo and the Arkansas, as far up as it is probably
navigable, within the limits assigned to the United States. If that boundary
be unattainable, we would, as the next most desirable, agree to that of
the Colorado, beginning at its mouth, in the bay of Bernardo, and ascending
the river to its source, and thence by a line due north to the Arkansas,
and thence, as above traced, to the South sea. This latter boundary
would probably also give us the whole of the Red river, would throw us
somewhat farther from Santa Fé, but it would strike Arkansas possibly at
a navigable point. To obtain the first-described boundary, the President
authorizes you to offer to the Government of Mexico a sum not exceeding
one million of dollars. If you find it impracticable to procure that line,
you are then authorized to offer, for the above line of the Colorado, the
sum of five hundred thousand dollars. If either of the above offers should
be accepted, you may stipulate for the payment of the sum of money, as
you may happen to agree, within any period not less than three months
after the exchange at the city of Washington of the ratifications of the
treaty.

Should you be able to conclude a treaty, it will be necessary that it
should contain a stipulation for the mutual right of navigation of the Rio
del Norte or the Colorado, as the one or the other of them may be agreed
on; and for the exercise of a common jurisdiction over the river itself. The
treaty may also provide for the confirmation of all bona fide grants for
lands made prior to its date, with the conditions of which there shall have

10

There should also be a provision made for the delivery of the country
to the United States simultaneously, or as nearly so as practicable, with
the payment of the consideration. We should be satisfied with a surrender
of possession at that time, as far as the river line extends, (the Del
Norte or the Colorado,) and to receive the residue as soon as the line to
the Arkansas can be traced, which the treaty ought to provide should be
done without unnecessary delay, and, at all events, before a future day
to be specified.

JOEL R. POINSETT, Esq., &c.

Mr. Van Buren to Mr. Poinsett.

DEPARTMENT OF STATE,
Washington, August 25, 1829.

SIR:

It is the wish of the President that you should, without delay,
open a negotiation with the Mexican Government for the purchase of so
much of the province of Texas as is hereinafter described, or for such a
part thereof as they can be induced to cede to us, if the same be conformable
to either of the locations with which you are herewith furnished. The
President is aware of the difficulties which may be interposed to the accomplishment
of the object in view; but he confidently believes that the
views of the matter which it will be in your power to submit, and the pecuniary
consideration which you will be authorized to propose, will enable
you to effect it. He isinduced, by a deep conviction of the real necessity
of the proposed acquisition, not only as a guard for our Western frontier,
and the protection of New Orleans, but also to secure forever to the inhabitants
of the valley of the Mississippi, the undisputed and undisturbed
possession of the navigation of that river, together with the belief that the
present moment is particularly favorable for the purpose, to request your
early and unremitting attention to the subject.

The territory of which a cession is desired by the United States is all
that part of the province of Texas which lies east of a line beginning at
the Gulf of Mexico, in the centre of the desert or Grand prairie, which
lies west of the Rio Nueces, and is represented to be nearly two hundred
miles in width, and to extend north to the mountains. The proposed line
following the course of the centre of that desert or prairie, north, to the
mountains, dividing the waters of the Rio Grande del Norte from those
that run eastward to the Gulf, and until it strikes our present boundary at
the 42d degree of north latitude. It is known that the line above described
includes the Spanish settlements of La Bahia and San Antonia de Bexar,
comprising all the Mexican inhabitants of the province, and this may
furnish an objecton to so extensive a cession. If, from this circumstance,
the objection should be made, and you find the Mexican Government disposed

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The third proposal may be a line to commence at the mouth of the Rio
Colorado, where that river empties itself into Matagorda bay, and on the
west bank thereof, to continue up that river to the head of its principal
stream; and thence by a line drawn from the head of its principal stream
so as to intersect our present boundary line at the 42d degree of north
latitude, including also the head-waters last mentioned.

The last proposition may be a line to commence on the Gulf of Mexico,
at the mouth of the Rio Brassos de Dios, and on the westerly bank of that
river, to pursue the course of that river up to the head of its most westerly
branch, by the west bank thereof; and from the head of that branch of
the river by such a course as will enable us to intersect our present line at
the point already indicated.

In the event of adopting either of the propositions which establish the
mouth of the La Baca river or the mouth of the Colorado river as the
boundary, it must be stipulated for an extension of that line due south
from the mouth of the river to the Gulf of Mexico.

The preceding boundaries are as definite as, with the materials in the
Department, I have been able to make them. It is, nevertheless, probable that
they may be greatly improved by a more accurate knowledge of the localities
of the country. It is submitted to your discretion to make such alterations
as shall appear to you to be clearly beneficial to the United States.

The boundary at present assumed by Mexico is deemed objectionable as
well on the ground of its alleged uncertainty as for reasons of a different
character. It is represented to us that, of the two streams which empty
into the Sabine bay through the same channel, the one farthest west is the
most considerable, and may, with reason be claimed to be the one referred
to in the treaty. The distance between them, although only four
miles where they enter the bay, at some places approaches to one hundred.
That there is much ignorance of the localities of the province, and consequently
confusion and error in the maps of it which are extant, is certain.
Whether the representations which have been made upon the subject to this
Government be founded in truth, or are the suggestions of interested individuals
to subserve particular views, remains to be seen; but this is not
the only nor the strongest objection. The Sabine is a very.inconsiderable
stream, and only navigable by small crafts. The bay is shallow, and
neither it nor the river can ever become the seat of sufficient commerce
to authorize the establishment of a custom-house or other public agency
in its vicinity. Without such establishment, it is impossible to prevent
that frontier from becoming the seat of an extensive system of smuggling,
alike injurious to the true interests of both countries. The lands east of
the Sabine are, for the most part, and to a great extent, so poor and so
effectually cut off from commercial facilities, that they never can receive

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We are not left altogether to conjecture and speculation as to the results
which are to be expected from a contiguity of settlements under such unfavorable
circumstances. The experience of the past affords the means of a
safe estimate of the future. A spirit of enterprise, and not unfrequently of
encroachment, has been exhibited by our citizens who inhabit that frontier,
which has been productive of much uneasiness to the Mexican Government,
and not without solicitude to this. Most of the grants that have been made
in Texas are already in the hands of Americans and Europeans. Notwithstanding
the cautious policy evinced by the Mexican Government in the
designation of an extensive border territory, within which no grants should
be made or settlements permitted, the improvements of the Americans on
the Texas side commence from what is regarded as the boundary line, and
are scattered over the prohibited territory. Not only has the interdict
been thus disregarded by the adventurous spirits who have been attracted
thither by the unsettled state of the Mexican Government, but that Government
itself has (it is understood) been induced, by a conviction of the
impossibility of causing it to be respected, to make grants within its limits.
The want of confidence and reciprocal attachment between the Government
and the present inhabitants of Texas, (not Spanish,) from whatever cause
arising, is too notorious to require elucidation. It has, in the short space
of five years, displayed itself in not less than four revolts, one of them
having, for its avowed object, the independence of the country. This Government
embraced the earliest opportunity to satisfy that of Mexico that
the resistence to her lawful authority thus made, was without aid or countenance,
direct or indirect, from us. The ancient and well-settled policy
of the United States in this respect is so well known and has been so scrupulously
adhered to, as to leave no room for apprehension that it can be
ever or long misunderstood by other Powers. But still, the recurrence
of scenes like these, whilst they furnish the causes of onerous expenses and
perpetual inquietude on the part of Mexico, must, in the nature of things,
have a tendency to excite, at least, temporary suspicions of our motives,
and produce consequent heart-burnings, hostile to those cordial and friendly
relations which should ever be preserved between neighboring States. It

13

The situation of Texas, in relation to the numerous tribes of Indians
within its borders and in its vicinity, also presents matter which deserves
the serious consideration of the parent Government, and which may, it is
believed, be successfully urged in favor of the cession.

The Camanche Indians, a numerous and daring tribe, have for years
been a scourge to Texas; they have, more than once, swept every article
of live stock from their owners, and killed the inhabitants of San Antonio
on the commons in front of the public square. They are apprized, moreover,
that Indians of a still more active, warlike, and daring character have
recently settled in Texas, and that their number is daily increasing:
these are the Shawnee, Cherokee, and Kickapoo tribes. They claim an
equal right of occupancy in Texas with the Mexicans themselves, and are
prepared, as they say, to maintain it by force. The ground of this claim
is understood to be an invitation which, they say, was given to them by
the Spanish authorities before the revolution, to settle in the province to
protect its inhabitants against their old enemy the Camanches. Their
number, at this time supposed to amount to five hundred warriors, is constantly
increasing, and will necessarily increase much more upon the
removal of the great body of the American Indians further west. They
have selected spots for their settlements, and defy the public authorities to
dispossess them. To protect the civilized inhabitants of Texas against
Indian aggressions, as well as to keep in check the tumultuous spirit of
portions of the inhabitants themselves, the Mexican Government deems it
necessary to keep on foot a considerable military establishment in the province.
This has been very expensive to the Government, and is, in the
present depressed state of their finances, peculiarly burdensome, and will,
probably, be of necessary continuance so long as the province belongs to
Mexico. It has, however, so far as the Indians are concerned, proved
quite inadequate to the object in view. It is said that the soldiers are insulted
by the savages at the muzzles of their guns; and that, when complaints
are made, the officers frankly acknowledge their inability to give
redress. Similar aggressions were made on the American settlements
soon after their first establishment, but the perpetrators were invariably
followed and punished. The consequence has been that the Indians have,
for several years, abandoned all active hostility against the Americans,
whilst they have continued their aggressions upon the Mexicans. These
practices, in addition to the positive injury they cause to the Mexicans,
have the effect of aggravating existing jealousies in the minds of the Mexican
inhabitants, by infusing a suspicion that the exemption which is
attributable solely to that hardihood, courage, and enterprise which distinguishes
our border-men, arises from a sinister understanding with the
Indians. By yielding to the United States a portion of Texas, the Mexican
Government will not only be relieved from the expense of its several
garrisons in that country, but will secure a protection to their own territory,
by interposing the United States between the Indians and their eastern
frontier, which is their exposed point. The Camanches have hitherto
confined their expeditions to the eastern side of the Rio del Norte, and no
apprehension is felt on the west side of that river; for, in addition to the

14

Being on the spot, and fully conversant with the feelings of those who
constitute the Mexican Government, and with current events, your judgment
as to the effect likely to be produced by what is said or proposed upon
this subject, is most to be depended upon. The unsettled state of the
Mexican Government is too well known to be disguised. The successive
revolutions to which it has already been exposed attest the fact; and the
dangers which threaten it from the intrigues, if not the open hostilities of
Spain, are of a character which cannot be regarded with indifference.
This consideration, with many others that might be stated, but which your
knowledge of circumstances will readily suggest, expose her extended
confederacy to the hazard of dismemberment. It will readily be admitted
by her well-informed men that, in such an event, the first successful
blow would, most probably, be struck in Texas. Although the separation
of that territory for a limited period would not be of much importance,
still the probable effect of the example could not fail to be highly detrimental.
A state of things which renders so disastrous an event possible,
not to say probable, deserves the serious consideration of that Government.

The line proposed as the one most desirable to us, would constitute a
natural separation of the resources of the two nations. It is the centre of
a country uninhabitable on the Gulf; and, on the mountains, so difficult of
access, and so poor, as to furnish no inducement for a land intercourse;
and, of course, no theatre for those differences that are almost inseparable
from a neighborhood of commercial interests. It corresponds with the
habitual feelings of the people of Mexico, and with the avowed policy of
the Mexican Government, by causing a wide separation and difficulties of
intercourse between the inhabitants of the two countries, and by preventing
those excitements and bickerings invariably produced by the contiguous
operation of conflicting laws, habits, and interests. The commercial
establishment which would be forthwith made at the Nueces, and in its
vicinity, would enable us to preserve, in a great degree, the morals of the
inhabitants of both sides, by the prevention of smuggling; and the Mexican
Government, by thus respecting the real interests of the United States,
without actual prejudice to its own, would afford the strongest evidence
of that spirit of friendship by which the United States have always been
influenced towards it, and which should ever characterize the conduct of
neighboring republics.

The President does not desire the proposed cession without rendering a
just and fair equivalent for it. He, therefore, authorizes you to offer to
the Mexican Government for a cession according to the first-mentioned
boundary, a sum not exceeding four millions of dollars; and so strong are
his convictions of its great value to the United States, that he will not object,
if you should find it indispensably necessary, to go as high as five
millions. You will, of course, consult the interests of the United States,
by obtaining the cession (if it can be obtained at all) upon terms as favorable
and for a price as low as practicable, regarding the sum above stated
only as the maximum amount to which you are authorized to go.
Should you find the Government of Mexico unwilling to part with as large

15

A credit of three or four years, by annual and equal instalments, upon
an interest of six per centum would, be preferred; but, if necessary, you
may stipulate for the payment of the money within four months, or some
other reasonable time after the exchange of the final ratifications of the
treaty, and the delivery of the possession of the ceded territory.

The ratification must be required to take place on the part of the Mexican
Government before the treaty is submitted to the Senate of the United
States for its ratification on our part.

I have already stated that the present moment is regarded by us as an
auspicious one to secure the cession; and will now add, that there does
not appear to be any reasonable objection to its being embraced, on the
score of delicacy, or from an apprehension that, in doing so, we would give
offence to the Government of Mexico. Nothing would be more adverse to
the feelings of the President than to give that Government reason to believe
that he is capable of taking advantage of their necessities to obtain from
them any portion of the Mexican territory, the cession of which would
impair the true interests or commit the honor of that country.

The comparatively small value of the territory in question to Mexico;
its remote and disconnected situation; the unsettled condition of her affairs;
the depressed and languishing state of her finances; and the still,
and at this moment particularly threatening attitude of Spain, all combine
to point out and recommend to Mexico the policy of parting with a
portion of her territory of very limited and contingent benefit, to supply
herself with the means of defending the residue with the better prospect of
success, and with less onerous burdens to her citizens. It is for the Federal
Government of Mexico, if they approve of the policy of doing so, to
judge of their constitutional power to make the cession. It is believed
that no doubt could exist on that point, if the consent of the State of Coahuila
were obtained; and if the views we take of the true interests of the
republic of Mexico are not founded in error, it is supposed that such consent
would not be withheld.

Should you be able to conclude a treaty, and either of the rivers herein
mentioned be agreed upon as the boundary, it will be necessary that it
should contain a stipulation for the mutual right of navigation, and for that
of common jurisdiction over the river itself. The treaty may also provide
for the confirmation of all bona fide grants of land made prior to its date.
Your situation in Congress must have made you sensible of the embarrassments
and difficulties under which the United States have labored from
frequent applications for the confirmation of titles to lands in the territories
heretofore ceded to them, in cases in which the original conditions of the
grants had not been complied with. It is therefore desirable that the stipulation,
on the part of the United States, to confirm grants previously
made, should be limited, in terms more explicit than heretofore used, to
cases in which the conditions of the grants have been fully complied with,
whenever the time for such compliance shall have expired. The treaty

16

This despatch will be delivered to you by Colonel Anthony Butler, of
the State of Mississippi. Colonel Butler has made himself well acquainted,
by actual examination, with the territory in question, its streams and
localities. In the belief that he deserves your confidence, and that he may
be useful to you in the negotiation, by supplying you with facts which
might not otherwise be within your reach, he has been instructed to observe
your directions in regard to his stay at Mexico, and his agency in
the matter whilst there.

A full power, authorizing you to negotiate and conclude a treaty, as
stated above, is herewith transmitted to you.

I have the honor to be, with great respect, your obedient servant,
M. VAN BUREN. JOEL R. POINSETT, Esq.
Envoy Extraordinary and Minister
Plenipotentiary U. S. to Mexico.

Mr. Livingston to Mr. Butler.—Extract.

DEPARTMENT OF STATE,
Washington, March 20, 1833.

The situation of affairs in the State of Texas y Coahuila makes it important
that your negotiation on that subject should be brought to a speedy
conclusion. It is at least doubtful whether, in a few weeks, any stipulation
could be carried into effect. No new instructions on the subject of the
proposed cession being deemed necessary, the President has directed me
to refer you to those already given on that subject.

Mr. McLane to Mr. Butler.

DEPARTMENT OF STATE,
Washington, January 13, 1834.

SIR:

You are aware that the period fixed by the third article of the
treaty of limits with Mexico, and the article additional thereto, for the
meeting of the commissioners and surveyors provided for by that treaty,
expired on the 2d of April last, and that in consequence of the omission of
the Mexican Government timely to appoint the commissioner and surveyor
on their part, no such meeting took place. The appointment of the commissioner
on the part of the United States was made on the 30th May,
1832, and publicly announced in the Globe newspaper at Washington, on

17

Under these circumstances, the treaty of limits cannot be carried into full
effect without a new convention between the two Governments providing
for that object.

The President directs, therefore, that you will conclude a new convention
with the Mexican Government, consisting of a single article, stipulating
for an extension of the time prescribed by the third article of the treaty
for the meeting of the commissioners and surveyors, and authorizing them
to meet for the performance of their duties at any time within one year after
the exchange of the ratifications of the new convention. And to enable
you to execute these instructions, the necessary powers are herewith transmitted
to you. The new convention which you are now instructed to conclude
must be ratified by the Mexican Government previously to submitting
it for the ratification by the United States, and provision must also be
made for the exchange of the ratifications at Washington within one month
after it shall be ratified by the United States. It is the wish of the President,
therefore, that as soon as the treaty shall be ratified by the Mexican
Government, you will ask for your audience of leave, and return home,
bringing the ratified treaty with you.

The previous ratification of the new treaty by the Mexican Government
is a necessary precaution against impediments similar to those which have
heretofore baffled the efforts of the President finally to close this subject;
and when it is considered that these have arisen chiefly, if not entirely from
the neglect of the Mexican Government, she cannot with any propriety decline
complying with the terms now presented.

In your audience of leave, you will state to the Mexican authorities that
the President has been induced by imperative considerations, connected
with the public service, to require your presence in the United States, and
that it is his intention as early as practicable to renew our diplomatic relations
with the Government of Mexico.

I am, sir, respectfully,
Your obedient servant,
LOUIS McLANE. ANTHONY BUTLER, Esq.
Chargé d'Affaires of the United States, Mexico.

18

Mr. Forsyth to Mr. Butler.—Extract.

DEPARTMENT OF STATE,
Washington, July 2, 1835.

SIR:

I have presented for the consideration of the President your letter
of the 17th ultimo, relative to the negotiation with Mexico for Texas. By
his direction, I have the honor to inform you that no sufficient reason appears
upon it for any changes in the instructions that have been heretofore
given to you on that subject. With an anxious desire to secure the very
desirable alteration in our boundary with Mexico, the President is resolved
that no means of even an equivocal character shall be used to accomplish
it. It is due to the occasion to say to you also, that on the examination
of your communications on this subject, connected with your verbal
explanations, no confidence is felt that your negotiation is likely to be
successful, but as you entertain a confident belief that you can succeed in
a very short time, it is deemed proper to give you the opportunity of benefiting
your country by your exertions and of doing honor to yourself. The
President, however, instructs me to say that the negotiation must be
brought to a close at once, so that the result may be known by the meeting
of Congress, as provision must be made, in case it is successful, for carrying
it into execution. You will be expected in the United States as soon
as it is closed, to report the result, whatever it may be, by December.

I have the honor to be, sir,
Your obedient servant,
JOHN FORSYTH. ANTHONY BUTLER, Esq.
Chargé d'affaires of the United States to Mexico, Washington.

Mr. Forsyth to Mr. Butler.—Extract.

DEPARTMENT OF STATE,
Washington, August 6, 1835.

SIR:

It having been represented to the President that the port of St.
Francisco, on the western coast of the United Mexican States, would be a
most desirable place of resort for our numerous vessels engaged in the
whaling business in the Pacific, far preferable to any to which they now have
access, he has directed that an addition should be made to your instructions
relative to the negotiation for Texas. The main object is to secure
within our limits the whole bay of St. Francisco. If you can induce the
Mexican Government to agree to any line which will effect this, you are
authorized to offer a sum of in addition to the sum you were directed
to offer for the first line mentioned in your original instructions upon the
subject. You are to endeavor first to obtain the following boundary, which
is considered the most eligible:

Beginning at the Gulf of Mexico, proceed along the eastern bank of the
Rio Bravo del Norte to the 37th parallel of latitude, and thence along that
parallel to the Pacific. This line may probably be supposed to approach
too near if not to include the Mexican settlement of Monterey. If this objection

19

As it is not deemed essential to obtain the Rio Bravo del Norte for our
western boundary, if any objection should be made to it, you may next
propose the western line specified in your original instructions, but stopping
at the 37th parallel, or at any other line that would include the bay of St.
Francisco, and proceeding along such line to the Pacific. If the Rio Bravo
del Norte should be agreed upon as the western line, you may stipulate for
the free navigation of that river to both parties.

If, however, you cannot obtain a southern line which will include within
our limits the whole bay of St. Francisco, you will proceed under your
original instructions, and bring the negotiation to a close, as directed in the
letter from the Department of the 2d July, 1835, No. 94.

I have the honor to be, sir, your obedient servant,
JOHN FORSYTH. ANTHONY BUTLER, Esq.
Chargé d'affaires of the United States, Mexico.

Mr. Poinsett to Mr. Clay.—Extracts.

MEXICO, July 18, 1825.

SIR:

I waited on the Secretary of State, by appointment, on the morning
of the 12th instant, in order to discuss the manner of conducting the
negotiations for the treaties of commerce and of limits between the two
nations. It was agreed to treat the two subjects separately.

With respect to the treaty of limits, I suggested that, although the Government
of the United States held itself bound to carry into effect the
treaty of limits concluded with the King of Spain 22d of February, 1819,
still it would appear more becoming the independent character of this
Government to lay aside that treaty altogether, and to endeavor to establish
a boundary which would be more easily defined, and which might be
mutually more advantageous. The Secretary expressed himself much
gratified by such a suggestion, and proposed that the two Governments
should forthwith appoint commissioners to make a reconnoissance of the
country bordering on the line formerly settled with Spain, so as to obtain
such information in regard to that portion of our respective territories as
would enable us to act understandingly on the subject. I objected to this
proposal the limited powers of the President of the United States, and
that such an appointment could not well be made until the next meeting
of Congress. He replied, that his Government would be very averse
permanently to fix the limits between the two nations on the very slender
information they at present possessed of that frontier country. After some
further conversation on the subject, it was agreed that he should address
me a note, stating the views of this Government in relation to the proposed
convention of limits. This has not yet been received.

I have the honor to be, with great respect, sir,
Your obedient servant,
J. R. POINSETT.

20

Mr. Poinsett to Mr. Clay.—Extract.

LEGATION OF THE UNITED STATES OF AMERICA,
Mexico, July 27, 1825.

SIR:

I have the honor to enclose, herewith, a translation of the note
from the Secretary of State of this Government, on the subject of the road
from the State of Missouri to Santa Fé of New Mexico: and respecting
the treaties of commerce and limits between the two nations, to which I
alluded in my last, marked A; together with my reply, marked B.

I find that there exists great apprehension in the minds of the people of
this country that the Government of the United States contemplate renewing
their claim to the territory north of the Rio Bravo del Norte; and
it may be of some importance to consider their great sensibility on this
subject, when the line of country to be examined, with a view to the limits
between the two nations shall be determined on, should the President
think proper to accede to the proposals contained in the accompanying
note.

A.
Mr. Alaman to Mr. Poinselt.

MEXICO, July 20, 1825.

SIR:

I had postponed answering the note which your excellency addressed
to me on the 17th of last month, respecting the measures adopted
by the Government of the United States of America for opening a road
from the western limit of the State of Missouri to the frontier of these
States, in the direction of Santa Fé in New Mexico, and its continuation
beyond those limits, in concert with this Government, in the hope that I
might be able, at the same time, to address your excellency upon a subject
of more extensive importance, which embraces, as your excellency has
observed, this of which we are treating. On your presentation to the
most excellent señor President of this republic, your excellency signified
that you were authorized by your Government to conclude treaties of commerce
and limits with this; and certainly the opening of this new road
supposes the existence of these treaties, by virtue of which the limits which
divide this republic from that will be settled, as well as the regulations
which are to govern the commercial relations of both nations; nor will it
be easy to separate them, without incurring inconveniences very difficult
to avoid. So that the President believes it to be more plain and easy to
commence by concluding the treaties which you are authorized to make,
leaving the business of marking out the road to be adjusted afterwards, as
dependent upon them, and which this Government is disposed to concur
in, as it is convinced that this new channel of communication between the
two nations, which is about to be opened, will be equally useful and beneficial
to both.

In the actual state of things, the final conclusion of a treaty which should
embrace the two points of commerce and of limits, could not be effected
with that promptness which this Government wishes. The marking out
of limits, by its nature, and the particular difficulties which in our case

21

I have the honor to be.
With the highest considerations. &c.
LUCAS ALAMAN.

B.
Mr. Poinsett to Mr. Alaman.

LEGATION OF THE U. S. A.
Mexico, July 27, 1825.

SIR:

I have the honor to acknowledge the receipt of your excellency's
note of the 20th instant, in which your excellency proposes to postpone the
business of marking out the road from the frontiers of the United States to
Santa Fé of New Mexico, until after the conclusion of the treaties of
commerce and of limits between the two republics, or until after the appointment
of commissioners to explore that tract of country which will
include the frontiers of the two States.

Although very unwilling to urge this Government to adopt a measure
which it apprehends may be attended with unavoidable inconveniences,

22

Aware as I am that the Government of the United States of America
is equally anxious with this to conclude, as early as possible, a treaty
which shall settle on a permanent basis the future commercial relations of
the two countries, I readily accede to your excellency's proposal to separate
the two subjects of commerce and limits, and request you will communicate
to his excellency the President my readiness to proceed immediately
to negotiate the treaty of commerce with such person or persons
as he may think proper to appoint.

With respect to your excellency's proposal, that the two Governments
should forthwith appoint commissioners, who, by a careful examination of
the country from sea to sea, within a given latitude, might furnish exact
information upon which the limits could finally be adjusted, I see only one
serious objection to it, and that is the great delay such a course is likely to
occasion. The President of the United States, if he accedes to this proposal
on the part of this Government, cannot appoint such commissioners
until after the meeting of Congress in December next, nor could they be
on the ground before the spring of 1826: their operations could not be
concluded in less than one year, leaving the boundary undefined by treaty
for the term of two years.

Agreeably to the wishes of his excellency the President of these United
States, I shall transmit to my Government his proposals on this subject;
and, in the mean time, pray your excellency to accept the assurances of
respect and consideration with which
I have the honor to be your excellency's
Most obedient and humble servant,

J. R. POINSETT.

23

Mr. Alaman to Mr. Poinsett.—Extract.

MEXICO, August 10, 1825.

The President has seen with satisfaction the disposition of your excellency
to separate the two negotiations of commerce and of limits, forming
a particnlar treaty for each of these objects. and has, in consequence,
thought proper to honor with his commission, for the purpose of adjusting
the first, the most excellent Señor Don José Ignacio Esteva, Secretary of
State for the Department of the Treasury, and myself, who will be ready
to enter into conference with your excellency as soon as you think proper
to advise us that you are so disposed. With regard to the second point,
the difficulties and delays which occur to your excellency are inevitable in
either case; for the limits cannot be definitively settled until the reconnoissance
of the country has been made; and all that can be done to shorten
the time, is to facilitate this examination in the manner I have proposed to
your excellency, and which you offer to present to your Government.

Mr. Poinsett to Mr. Clay.—Extract.

LEGATION OF THE UNITED STATES,
Mexico, September 20, 1825.

SIR:

I had an interview this morning with the Secretary of State, at
his request, on the subject of the boundary line between the two republics.
He began by saying that he wished to ascertain the ancient boundaries
between the United States and the Spanish possessions, as defined by
the treaty of 1795, and asked me to trace them for him in Melish's map.
I did so, but observed, at the same time, that that treaty was concluded
before the cession of Louisiana. I then inquired his object in wishing to
to ascertain the former boundaries. He replied, that he thought it would
be advisable in the treaty we were about concluding, to specify the ancient
boundary until the new line was agreed upon. I replied, he must be aware
that, previous to the treaty with Spain concluded at Washington in 1819,
the United States of America claimed to the Rio Bravo del Norte, and
Spain to the Mississippi; and that treaty was a compromise of various
disputed claims made by the contracting parties; that it was binding on
the United Mexican States, having been concluded before their emancipation
from Spain, and had since been acknowledged by their accredited
agent in the United States of America. There had been ample time to
have carried that treaty into full effect, but that the Government of the
United States had been withheld from doing so only by motives of delicacy
towards Mexico. That the same motives had induced me to propose an
entire new treaty, which should not allude to the one formerly concluded
with Spain; but that in so doing I did not intend to yield one square inch
of land which was included within the limits of the United States according
to the boundary line at that time agreed upon. That in my opinion a
more advantageous boundary might be drawn between the two countries,
but that such a line was not to be sought for east of the Sabine or north of
the Red river or the Arkansas; and that, finally, no article such as he
proposed could be inserted in the treaty, without my renewing in it the

24

On my return home I sent him a copy of the note from the Mexican
chargé d'affaires to the Secretary of State at Washington, together with
the treaty between the United States and Spain concluded at Washington
in 1819.

Mr. Poinsett to Mr. Clay.—Extract.

LEGATION OF THE UNITED STATES,
Mexico, March 18, 1825.

By the colonization law passed in August, 1824, the General Government
reserved twenty leagues of land from the frontiers of neighboring nations,
and ten leagues from the sea shore, which cannot be granted by the
States except with the previous consent of the Executive. Having learnt
that the President had given his consent to a grant of land made by the
State of Coahuila and Texas, of a tract situated within that limit, on the
Red river, I called this morning at the office of the Secretary of State, and
told Espinosa that I should not consider any grant as valid that was made
while the negotiations were pending, in the event of that portion of country
being included by the treaty within the limits of the United States. He
admitted that the objection was proper, and engaged to write to the State
of Texas on the subject.

Mr. Poinsett to Mr. Clay.—Extract.

LEGATION OF THE UNITED STATES,
Mexico, July 12, 1826.

This Government has appointed General Teran to examine the country
near our respective frontiers, and to obtain such information as will enable
them to treat upon that subject understandingly. This is the gentleman
formerly nominated by the Executive to proceed to London, and whose appointment
was not confirmed by the Senate. He tells me that he will leave
the capital in all September. I suppose his departure will not take place
before late in October.

Mr. Poinsett to Mr. Clay.

LEGATION OF THE UNITED STATES,
Mexico, April 10, 1827.

SIR:

I have the honor to transmit herewith a translation of the report
of the committee of the House of Deputies on the treaty concluded here on
the 10th of July last. ¹

25

This report has been discussed in secret session, and sent back to the
committee with instructions. The House disapproved of some of the extraordinary
principles laid down by the committee in their report, and moreover
desired to have inserted in the treaty an additional article, declaring
the treaty of limits, concluded at Washington, between the United
States of America and Spain, to be valid, and binding upon the high contracting
parties. The argument for this declaration which was advanced
in the House and supported by a large majority, is the propriety of considering
this republic as having inherited all the rights of Spain. The
principle has hitherto been urged effectively in all the disputes between the
civil and ecclesiastical authorities; and at this particular moment it is of
the utmost importance to this Government to establish it beyond all controversy.

The committee has not yet reported.

The British treaty has been ratified, having passed both Houses without
the slightest objection.

I have the honor to be, sir,
With great respect, your obedient servant,
J. R. POINSETT. Hon. H. CLAY,
Secretary of State, Washington.

Mr. Poinsett to Mr. Clay.—Extract.

LEGATION OF THE UNITED STATES,
Mexico, October 6, 1827.

The only act passed by the Congress, since the commencement of their
session, of any importance, is the appropriation of fifteen thousand dollars
towards defraying the expenses of the commissioner, General Teran, appointed
by this Government to examine and report upon the country which
lies near and upon the boundary between the United States and Mexico,
agreeably to the views of this Government, as expressed in their communication
of the — of August, 1825. The commission has not set out on
this expedition for want of funds, Congress having appropriated what the
Treasury does not at this moment contain. In private conversations with
the President and Secretaries, I have sought to convince them of the uselessness
of this expedition until the treaty of limits is definitively settled.
They say, in reply, that the public is so anxious to have that question settled,
that they think it politic so to act at present, and assure me of their
earnest desire to adjust that delicate point as soon as possible. The President
appointed Don José Ignacio Esteva and Don Juan José Espinosa
plenipotentiaries to treat with me; but having understood that Mr. Camacho
is hourly expected from London, he prefers waiting the arrival of
that gentleman, in order that the former plenipotentiaries may continue
the negotiations.

26

Mr. Poinsett to Mr. Clay.—Extract.

LEGATION OF THE UNITED STATES,
Mexico, January 8, 1828.

SIR:

The negotiations were renewed this day, and, from the disposition
manifested by the Mexican plenipotentiaries, in this first conference, I have
every expectation of concluding the treaty of friendship, navigation, and
commerce, favorably and promptly.

The Mexican Chamber of Deputies passed a resolution, when the treaty
was formerly before them, on which, I understand, they will insist. It is
in these words, viz: “This Chamber will not take into consideration the
treaty which the Government has concluded with that of the United States
of America, until an article shall be inserted in it recognising the validity
of that which was celebrated by the cabinet of Madrid, in the year 1819,
with the Government of Washington, respecting the limits of the territories
of the two contracting parties.”

The plenipotentiaries, in reply to all my observations on the subject,
and to my proposals to alter the limits, insisted that Mexico had a right
to consider that treaty binding upon the United States, as being invested
with all the rights of Spain, and bound by all the obligations of the mother
country. They instanced the cession made by Spain to Great Britain of
certain rights in the Bay of Honduras, which, however inconvenient to the
Mexican Government, it had nevertheless felt itself bound to ratify; and,
in short, declared that if I did not consent to comply with the resolution
of the Chamber of Deputies, it would be useless to discuss the other articles
of the treaty, as it was certain that Congress would not ratify any
treaty which did not contain such a provision.

I withdrew my opposition, but observed that, as the treaty of navigation
and commerce was for a limited period, and that of limits perpetual,
it would be better to make them distinct conventions; to which proposal
the Mexican plenipotentiaries consented.

Mr. Poinsett to Mr. Clay.—Extract.

LEGATION OF THE UNITED STATES,
Mexico, February 7, 1828.

SIR:

I transmit herewith copies of the treaty of limits and of the protocols
of the conferences held with the Mexican plenipotentiaries upon
that subject.

I did not insist upon introducing the article respecting the obligation
of the parties to restrain the Indian tribes residing within their respective
territories from committing hostilities against the people, Indians, or territories
of the other, because it is inserted in the treaty of amity, commerce,
and navigation, which I am about concluding.

You will perceive by the protocols of our conferences that I did not oppose
any obstacles to the wishes of this Government to adopt the limits
settled by the treaty of Washington.

Mr. Poinsett to Mr. Clay.—Extract.

LEGATION OF THE UNITED STATES,
Mexico, April 24, 1828.

SIR:

The treaty of limits has been ratified by the House of Representatives,
and is now before the Senate. You will perceive that it will
be impossible to send the ratification of this Government to Washington
in time for the exchange of ratifications to take place within the term designated
by the treaty. This delay has originated from the extreme indolence
of the person who formerly filled the office of Secretary of State
of this republic. He kept this treaty in his office upwards of two months
without submitting it to Congress, although I repeatedly represented to
him the prejudice that would result from this delay, especially to the Mexican
Government, which had already despatched its commissioner to the
frontiers.

29

Mr. Poinsett to Mr. Clay.

LEGATION OF THE UNITED STATES.
Mexico, April 26, 1828.

SIR:

The treaty of limits between the United States and Mexico, concluded
and signed on the 12th of January last, was yesterday ratified by
the Mexican Senate. The period fixed by the treaty for the exchange of
ratifications being four months from the date of its signature, I shall not
transmit the ratification of this Government by express. It could not possibly
arrive at Washington in time. I regret the delay which has occurred
here, because I am aware it will render it necessary to submit the treaty a
second time to the Senate. This Congress despatched it with tolerable
promptness. The delay, as I before observed, was occasioned by the dilatory
habits of the former Secretary of State.

I have the honor to be, very respectfully, sir,
Your obedient servant.
J. R. POINSEIT. Hon. HENRY CLAY,
Secretary of State, Washington.

Mr. Poinsett to the Secretary of State.—Extract.

LEGATION OF THE UNITED STATES,
Mexico, March 10, 1829.

In combination with the Secretary of Foreign Relations. Don Lucas
Alaman, the President had formed a plan to negotiate a new treaty of
boundaries, by which we were to be reduced to the margin of the Mississippi,
for they believed that, by the treaty of Washington, we had unjustly deprived
Spain of a large portion of her territory. They were exceedingly
surprised, therefore, when no objection was made by this legation to renew
the negotiations on that subject altogether, with a declaration that, in
that event, the United States would assume the line of the Rio Bravo del
Norte as the boundary: as the reasons which had induced them to cede to
Spain their rights to that territory, did not apply to this country. They
were assured that we regarded the treaty of limits as binding upon both
parties, because it had been concluded when Mexico formed a part of the
dominions of Spain, but that no objection would be made on our part to
annul it. The Congress, more wise, compelled the Executive subsequently
to confirm that treaty.

Mr. Poinsett to Mr. Van Buren.—Extract.

LEGATION OF THE UNITED STATES,
Mexico, July 22, 1829.

They at first proposed that both parties should send commissioners to
examine the country situated at and near the boundary fixed by the treaty

30

Next, they proposed to me to fix provisionally the boundary line in the
treaty of commerce, then in progress of negotiation, where it was supposed to
have existed prior to the treaty of Washington. They desisted from this
proposal only upon my insisting, in such a case, of inserting the claim of
the United States to the territory north of the Rio Bravo del Norte. For
further particulars on this subject, I refer you to my despatch dated the
20th of September, 1825, and marked No. 19.

Mr. Butler to Mr. Van Buren.—Extract.

MEXICO, May 19, 1830.

Upon the subject of our treaties, I can barely say, that commissioners
have at last been determined upon and announced to me on the part of
this Government. They are the Secretary of State, Mr. Alaman, and
Mr. Mangino, Secretary of the Treasury. There is little doubt but that
the negotiations would have commenced some weeks since, for every thing
was in good train for the purpose, and Mr. Alaman had suggested to me
a belief that the acting President would appoint him to meet me. This
was conclusive as to his nomination, and he was the gentleman of all
others I should have selected.

The Mexican plenipotentiaries to Mr. Butler.

PALACIO DEL GOBIERNO FEDERAL,
Mexico, 21 de Mayo de 1830.

Los infrascritos, Secretarios de Estado y del Despacho de Relaciones
Interiores y Esteriores, y de Hacienda, tienen el honor de dirigirse à VS.
y de comunicarle hallarse plenamente autorizados por el Exmo. Sor. Vice
Presidente en ejercicio del poder ejecutivo, para abrir negociaciones
sobre los tratados pendientes entre los Estados Unidos Mejicanos y el
Gobierno de VS.

En tal concepto, los infrascritos suplican á VS. se sirva señalarles el
dia en que puedan tener sa primera concurrencia con el objeto indicado, y
aprovechan esta oportunidad para protestar á VS. las seguridades de la
distinguida consideracion con que son

De VS. muy obedientes servidores,
LUCAS ALAMAN, RAFAEL MANJINO. Al Sor. Don ANTONIO BUTLER,
Encargado de Negocios, &c.

31

The Mexican plenipotentiaries to Mr. Butler.
[Translation.]

PALACE OR THE FEDERAL GOVERNMENT,
Mexico, May 21, 1830.

The undersigned, Secretaries of State, of Domestic and Foreign Affairs,
and of the Treasury, have the honor of addressing your excellency, and to
communicate that they are fully authorized by the most excellent the Vice
President, exercising the executive power, to commence negotiating on the
subject of the treaties pending between the United Mexican States and
your Government.

Therefore, the undersigned request your excellency will please to appoint
a day for the first meeting on the aforesaid subject; availing themselves
of this opportunity for offering to you the assurance of their distinguished
consideration, &c.

LUCAS ALAMAN. RAFAEL MANJINO. To Señor Don ANTHONY BUTLER,
Chargé d'affaires.

Mr. Butler to Mr. Monasterio.

LEGATION OF THE UNITED STATES OF AMERICA,
July 25, 1832.

The undersigned, chargé d'affaires of the United States, has the honor
of transmitting herewith a copy of the treaty of limits negotiated by the
plenipotentiaries United States of America and the United Mexican
States, together with the proclamation of the President of the United States
declaring the exchange of the ratification thereof. The treaty having now
become the supreme law of the land, the President of the United States of
America is prepared to execute all the provisions thereof, and for this purpose
will, with all convenient despatch, appoint commissioners on our part
to ascertain and mark the line of boundary between the two nations, in
conformity with the stipulations contained in the treaty referred to. In
making this communication it becomes my duty to say that apprehensions
are entertained on the part of my Government that the line, as designated
in the treaty recently ratified, will produce inconveniences and perhaps
create difficulties that it will be the interest no less than the desire of the
Government of the United States to obviate; and the President feels the
fullest confidence that his excellency the Vice President of the United
Mexican States will act under the influence of a similar spirit. For this
purpose I have received instructions from the President of the United
States of America to propose the establishment of a new boundary between
the two nations, more conformable to the mutual interest of each,
and better adapted, not only to preserve the integrity of national domain,
but to promote other objects alike interesting to both parties.

I have to request that you will place this communication before his excellency
the Vice President, to the end that he may enter into a consideration
at once of the subject presented in this note; and should he concur in
opinion with the President of the United States of America as to the propriety

32

The undersigned embraces this opportunity to renew to Mr. Monasterio
the assurances of his distinguished consideration.

ANTHONY BUTLER. To JOSEPH M. O. MONASTERIO.

Mr. Gonzalez to Mr. Butler.

PALACIO DEL GOBIERNO FEDERAL,
Mexico, 14 de Febrero de 1833.

El infrascrito, Secretario de Estado y del Despacho de Relaciones. tiene
el honor de informar á VS. que ha elevado al conocimiento del E. S.
Presidente la nota que VS. dirigió á esta Secretaría en 26 de Julio del
año anterior, participando haber sido publicado por el Gobierno de los
Estados Unidos el tratado de limites acordado entre las dos republicas, y
que conforme á su tenor se nombrarán los comisionados que en tiempo
oportuno procediesen de acuerdo con los de Mexico á fijar la linea de demarcacion
entre ambos paises.

Las circunstancias de que acaba de salir esta republica habian impedido
contestar la nota indicada y proceden á la publicacion del mismo tratado,
pero esto último se verificará dentro de breves dias; entretanto ha recibido
órden el infrascrito de asegurar á VS. que el Gobierno de Mexico
se apresurará á nombrar los comisionados que de acuerdo con los designados
per el Gobierno de VS., procedan á fijar los limites señalados en
el tratado, de cuyo nombramiento se instruirá á VS. con oportunidad y
que considerandose ya dicho tratado por estos Estados, como lo ha sido
por el Gobierne de VS. como una ley suprema, no se ocupará de sus
estipulaciones, sino para hacer que tengan el mas religioso cumplimiento.

Al decirlo á VS. el infrascrito, en respuesta á la nota expresada, tiene
el honor de reproducirle las seguridades de su muy distinguida consideracion.

BERNARDO GONZALEZ. Al Sōr Don ANTONIO BUTLER,
Encargado de Negocios, &a.

Mr. Gonzalez to Mr. Butler.
[Translation.]

PALACE OF THE FEDERAL GOVERNMENT,
Mexico,, February 14, 1833.

The undersigned, Secretary of State and of Relations, has the honor to
inform you that he has submitted to his excellency the President the note
addressed by you to this department on the 26th of July last, containing

33

The circumstances from the influence of which this republic is now
emerging, have prevented a reply from being hitherto made to this note,
and have likewise hindered the publication of the treaty, which will, however,
be done within a few days. In the mean time, the undersigned has
been ordered to assure you that the Government of Mexico will, without
delay, appoint commissioners, who will proceed, jointly with those on the
part of the United States, to fix the limits defined in the treaty, and of
whose appointment you will be notified in due time. The Mexican Government,
considering the treaty as it has been considered by that of the
United States, namely, as a supreme law, will do all in its power to carry
its stipulations most rigorously into execution.

The undersigned, in thus replying to your note, has the honor to renew
the assurances of his most distinguished consideration.

BERNARDO GONZALEZ. To ANTHONY BUTLER, Esq.,
Chargé d'Affaires of the United States of America.

Mr. Butler to Mr. Gonzalez.

LEGATION OF THE UNITED STATES OF AMERICA,
Mexico,, February 16, 1833.

The undersigned, chargé d'affaires of the United States of America, has
the honor of acknowledging the receipt this day of the note of your excellency,
dated on the 14th current, in reply to a communication addressed
by the undersigned to the Department of Foreign Affairs on the 26th of
July, 1832. In the communication referred to by your excellency it was
the purpose of the undersigned to bring under the notice of the Mexican
Government the great delay which had occurred in making known to the
States and people of the Mexican confederation that a treaty of amity,
commerce, and navigation, and one of boundary, had been negotiated and
ratified between Mexico and the United States of America, and had
become the supreme law of the land to both nations. This prompting
seemed the more proper, inasmuch as the citizens of the United States of
America resident in the United Mexican States had suffered and were suffering
exactions, and were deprived of the enjoyment of privileges, in some
of the interior States of this confederation, against the first of which they
were protected, and in the full advantage of the latter they were assured,
under the guarantee of stipulations contained in the treaty of amity, commerce,
and navigation between the two nations; yet, when appeal was
made to this treaty, on the part of those who were either restrained in their
privileges or suffered aggression on their rights, the uniform answer returned
was, “ We can recognise no treaty, never having been officially informed
thereof by the Supreme Government of Mexico, and cannot therefore
respect any claim which you prefer under its authority.” Hence we

34

It will not escape the observation of your excellency that notwithstanding
treaties of amity, commerce, and navigation, and of limits, were concluded
between this Government and that of the undersigned more than
two years past, and the ratifications of which were exchanged and publication
thereof made in the United States of America, investing them with all
the sanctions of a supreme law nearly one year since, still these national
contracts of equal and mutual obligation upon each Power remain in that of
Mexico a dead letter, under the pretext that official promulgation has never
been made.

And if the undersigned has not hitherto remonstrated with more frequency
and energy against this delay, and the consequences which it was
daily unfolding, the reason and his motives will find their explanation in
the peculiar condition in which Mexico was placed for the last twelve
months.

A longer delay, however, in giving publicity to the treaty of amity and
commerce must inevitably lead to greater and more frequent violation of
its provisions, and the instances of which may at length accumulate in such
number and magnitude as shall require not only prompt and ample redress
but may have a tendency to disturb the harmony which at present so happily
subsists between Mexico and the United States; and it is to obviate
such a state of things that the undersigned would pray you, sir, to lay this
matter immediately before his excellency the President of the United Mexican
States, that such order may be taken thereupon as his excellency may
deem expedient on the occasion.

The undersigned renews to your excellency the assurances, &c.

A. BUTLER. To his Excellency BERNARDO GONZALEZ,
Secretary of State for Foreign Affairs of the United Mexican States.

Mr. Gonzalez to Mr. Butler.

PALACIO DEL GOBIERNO FEDERAL,
Mexico, 21 de Febrero de 1833.

El infrascrito, Secretario de Estado y del Despacho de Relaciones, acusa
el recibo de la nota que VS. se sirve dirigirle fecha 16 del actual, esforzando
la necesidad de que cuanto ante se proceda á la publicacion de los
tratados concluidos entre estos Estados Unidos y los de America, y tiene el
honor de reproducir á VS. loque le manifestó en su nota del 14, sobre el
empeño que toma el Gobierno Mexicano, en que se verifique dicha publicacion
dentro de pocos dias, que solo se ha pospuesto por las circunstancias
en que se encontró la nacion la mayor parte del año anterior, y que han
terminado felizmente.

35

El infrascrito aprovecha esta ocasion para repetir á VS. las protestas
de su consideracion y muy distinguido aprecio.

BERNARDO GONZALEZ. Al Sōr Don ANTONIO BUTLER,
Encargado de Negocios, &c.

Mr. Gonzalez to Mr. Butler.
[Translation.]

PALACE OF THE FEDERAL GOVERNMENT,
Mexico, February 21, 1833.

The undersigned, Secretary of State and of Relations, acknowledges the
receipt of the note which you were pleased to address to him on the 16th
instant, urging the necessity of proceeding without delay to the publication
of the treaties concluded between these United States and those of America;
and he has now the honor to repeat to you what he said in his note
of the 14th—the engagement on the part of the Mexican Government
to carry into effect within a few days the said publication, which has only
been postponed on account of the peculiar circumstances in which the nation
has been placed during the greater portion of the past year, and which
have terminated so fortunately.

The undersigned avails himself of this occasion to renew to you, sir, the
protestations of his consideration and esteem.

BERNARDO GONZALEZ. To ANTHONY BUTLER, Esq.
Chargé d'Affaires of the United States of America, &c.

Mr. Gonzalez to Mr. Butler.

PALACIO DEL GOBIERNO FEDERAL,
Mexico, Febrero 27 de 1833.

El infracrito, Secretario Je Estado y del Despacho de Relaciones, tiene
el honor de acompañar á VS. exemplares del tratado de amistad, comercio,
y navigacion, y del tratado de limites, celebrado entre estos Estados y los de
America, reproduciendole loque en notas separadas le he manifestado sobre
las causas que impidieron la pronta publicacion de estos documentos.

El infrascrito aprovecha esta ocasion para renovar á VS. las seguridades
de su muy distinguida consideracion.

BERNARDO GONZALEZ. Al Sōr Don ANTONIO BUTLER,
Encargado de Negocios, &c.

Mr. Gonzalez to Mr. Butler.
[Translation.]

PALACE OF THE FEDERAL GOVERNMENT,
Mexico,, February 27, 1833.

The undersigned, Secretary of State and of Relations, has the honor to
send to you, herewith, copies of the treaty of amity, commerce, and navigation,

36

The undersigned, on this occasion, renews to you, sir, the assurances of
his most distinguished consideration.

BERNARDO GONZALEZ. To ANTHONY BUTLER, Esq.,
Chargé d'affaires of the United States of America.

Mr. Butler to Mr. Garcia.

LEGATION OF THE UNITED STATES OF AMERICA,
Mexico, September 6, 1833.

The undersigned, chargé d'affaires of the United States of America,
had the honor of communicating to the Supreme Government of Mexico,
in a note addressed by the undersigned to the Secretary of State for Foreign
Affairs, more than one year past, information of the fact that his
Government had appointed a commissioner on their part to establish and
mark the line of limits and boundary between the two nations of Mexico
and the United States of America, in conformity with the treaty on that
subject; and the undersigned was instructed at the same time to propose
a review of the question of limits, for the purpose of defining more exactly
and clearly the landmarks of such line than had been done by the
treaty of 1819, between Spain and the United States. This proposition
was received and entertained by the administration then in power, and
action upon it merely suspended in consequence of the unsettled condition
of Mexico at the period referred to. The undersigned has more than once,
during the present year, renewed the application for reconsidering and
newly arranging, in a clear manner, and on a permanent basis, this question
still unsettled between the two nations—a question always highly
delicate, and deeply interesting to the parties concerned—but without
having the good fortune to elicit a reply from the Supreme Government,
although the ordinary courtesy observed between nations in their intercourse
with each other might have fairly authorized the expectation of such
reply. Not without hope however that the difficulties which are known
to surround this question may yet be adjusted in an amicable and satisfactory
manner to both the parties interested, the undersigned will once more
invoke the attention of your excellency to the subject, requesting that it
may be placed distinctly under the consideration of the Vice President,
for his decision thereupon; and the undersigned is the more anxious for a
decision on the subject at this time, inasmuch as a period so auspicious for
the settlement of this question will perhaps never again occur. The undersigned
cannot doubt that the proposition herein renewed will attract
the regard of the Supreme Government of Mexico equally with that of his
own, and that the result will be an immediate, permanent, and amicable
arrangement, in which the interests of both parties will be consulted and
promoted.

The undersigned has the honor, &c.
ANTHONY BUTLER. To his Excellency CARLOS GARCIA, &c.

37

Mr. Garcia to Mr. Butler.

PALACIO DEL, GOBIERNO FEDERAL,
Mexico, 25 de Setiembre de 1833.

El infrascrito, Secretario de Estado y del Despacho de Relaciones, tiene
el honor de informar al Sr. Don Antonio Butler que S. E. el Vice Presidente,
para dar cumplimiento al articulo 3 del tratado de limites celebrado
entre estos Estados y los de America, ha nombrado en clase de comisario
al Teniente Coronel Don Tomas Ramon del Moral, yen la de geometra á
Don Cástillo Navarro.

Y el infrascrito aprovecha esta oportunidad para renovar al Sr. Butler
las seguridades de su muy distinguida consideracion.

CARLOS GARCIA Al Sōr Don ANTONIO BUTLER,
Encargado de Negocios, &c.

Mr. Garcia to Mr. Butler.
[Translation.]

PALACE OF THE FEDERAL GOVERNMENT,
Mexico, September 25, 1833.

The undersigned, Secretary of State and of Relations, has the honor to
inform Mr. Anthony Butler that his excellency the Vice President, with
the view of carrying into execution the third article of the treaty of limits
between these States and those of America, has appointed Lieutenant Colonel
Don Tomas Ramon del Moral as commissioner, and Don Castillo
Navarro as surveyor.

The undersigned embraces this opportunity to repeat to Mr. Butler the
assurances of his very distinguished consideration.

CARLOS GARCIA. To ANTHONY BUTLER, Esq.
Chargé d'affaires of the United States of America.

Mr. Butler to Mr. McLane.—Extract.

LEGATION OF THE UNITED STATES OF AMERICA,
Mexico, July 1, 1834.

SIR:

I have the honor to acknowledge the receipt of despatches to No.
66 inclusive, with the exception of No. 47. Nos. 57 and 58 have recently
been received, after making the circuit, perhaps, of the whole Mexican confederation.
It seems that they were intrusted to the care of a gentleman
on his way to Mexico, who, travelling for amusement, pursued a different
route from that at first intended, and after keeping the despatches in his
possession for weeks, placed them at length in the ordinary conveyance, by
which they are received.

38

I perceive that by No. 58 I am directed to conclude “a new convention”
with the Mexican Government on the subject of boundary, and which “new
convention” “must be ratified by the Mexican Government previously to
submitting it for the ratification of the United States,” &c.; and I am also
informed that it is the wish of the President that I should myself be the
bearer of the new convention to the United States. I presume that there
will be no difficulty in concluding a new convention on the subject indicated;
but, as the authority to ratify resides in the General Congress, which
assembles on the 1st day of January next, and who may keep the question
before them for a month or more, I beg leave to suggest whether it would
not be best to permit my return to the United States immediately, either on
leave of absence for a short period, or as a retirement from the mission
altogether. I am fully persuaded that the public service may derive benefit
from an interview either with yourself or the President, at which
certain communications may be made, and opinions freely exchanged
and compared, which it is impracticable to do by any other mode; and,
after this interview, it may be better determined whether the public interest
will be more advanced by my return to Mexico, or by the appointment
of a successor to the mission; and I earnestly request that this matter may
be submitted to the consideration of the President without delay, so that
his determination be made known to me as early as practicable.

Hon. LEWIS McLANE.

Mr. Butler to Mr. Lombardo.

LEGATION OF THE UNITED STATES OF AMERICA,
Mexico, December 21, 1834.

The undersigned, chargé d'affaires of the United States of America,
has the honor of informing his excellency the Secretary of State, that by
a communication received recently from the Government of the undersigned,
he is instructed to propose to that of Mexico a renewal of the treaty of
boundary between the two nations.

Your excellency is fully aware of the importance of the subject, and the
interest which Mexico no less than the Government of the undersigned
should feel in its adjustment; and he may be permitted to express the hope
and the expectation that the question will now be disposed of without any
unnecessary delay. Two treaties have already been negotiated between
the two nations upon this subject, neither of which have been executed,
notwithstanding the Government of the undersigned have done every thing
on their part which was within their competency for the accomplishment
of this work, whilst Mexico, by omitting to perform the necessary acts on
her part, occasioned the treaty to expire. The undersigned will not permit
himself to imagine motives for such an extraordinary indifference as Mexico
has manifested upon this subject, but confines himself to stating, as he is
instructed to do, that longer delay in adjusting the true boundary between
Mexico and the United States of America cannot be permitted.

The undersigned forbears to urge the many cogent reasons for concluding
this subject definitely, because they are too obvious to require being
stated; he will merely remark that Mexico being in the occupancy of a
large portion of territory which the Government of the undersigned conceives

39

The undersigned has the honor to renew to his excellency Mr. Lombardo,
the assurances of his great consideration.

ANTHONY BUTLER. To his Excellency FRANCISCO M. LOMBARDO,
Secretary of State for Foreign Affairs of the
Mexican United States.

Mr. Gutierrez de Estrada to Mr. Butler.

PALACIO DEL GOBIERNO FEDERAL,
Mexico, Febrero 7 de 1835.

El infrascrito, Secretario de Estado y del Despacho de Relaciones Interiores
y Exteriores, tiene el honor de manifestar al Sr. Don Antonio Butler,
que se ha enterado de loque se sirve decir á este ministerio en su nota oficial
de 27 de Enero proximo pasado, sobre el arreglo de limites de estos
Estados y los Estados Unidos de America.

El infrascrito debe manifestar al Sr. Butler, que habiendose mandado
poder é instrucciones con este mismo objeto al encargado de negocios de
esta republica en Washington, y habiendo esté avisado su recibo con fecha
16 de Diciembre último, y que ya habia entablado la misma negociacion
con S. E. Mr. Forsyth, ministro de negocios extrangeros, es necesario
aguardar el resultado que tenga, por que de otro modo á mas de la cumplicacion
del asunto podria incurrirse en contradicciones, que es conveniente
evitar.

A no ser por este justo motivo, el infrascrito, Secretario de Estado y del
Despacho de Relaciones, tendriá una verdadera complacencia en tratar del
arreglo de limites con el Sr. Don Antonio Butler; porque conociendo la
moderacion y la honradez y exactitud du sus principios, se terminaria talvez
este negocio de una manera mas facil, al mismo tiempo que conforme
á la justicia y al interes de las dos naciones.

Con este motivo, el infrascrito desfruta la honra de protestar al Sr. Butler
su constante aprecio y distinguida consideracion.

J. M. GUTIERREZ DE ESTRADA. Al Sr. Don ANTONIO BUTLER,
Encargado de Negocios, &c.

40

Mr. Gutierrez de Estrada to Mr. Butler.
[Translation.]

PALACE OF THE FEDERAL GOVERNMENT,
Mexico, February 7, 1835.

The undersigned, Secretary of State and of Internal and Foreign Relations,
has the honor to inform Mr. Anthony Butler that he has informed
himself of the contents of the note which Mr. Butler addressed to this Department
on the 27th of January respecting the settlement of the limits
between these States and the United States of America.

The undersigned must inform Mr. Butler, in reply, that as powers and
instructions with the same object have been forwarded to the chargé d'affaires
of this republic in Washington, and notice has been received under
date of December 16th, of their having reached him, and of the commencement
of the negotiation with Mr. Forsyth, the Minister of Foreign Affairs,
it is proper to await the result, or otherwise inconvenient contradictions
might arise from the confusion which would be likely to ensue.

But for this just reason, the undersigned Secretary of State and of Relations
would have had the utmost pleasure in treating with Mr. Anthony
Butler with regard to the settlement of limits; as, being well aware of that
gentleman's moderation, his sense of honor, and the correctness of his
principles, he is convinced that this affair might be terminated most easily
in a manner conformable with justice and with the interests of both nations.

The undersigned expresses to Mr. Anthony Butler the assurances of his
constant esteem and distinguished consideration.

J. M. GUTIERREZ DE ESTRADA. To ANTHONY BUTLER, Esq.,
Chargé d' Affaires of U. S. of America.

Mr. Butler to the President.—Extracts.

MEXICO, February 26, 1835.

MY DEAR SIR:

From my letters of November and December last, you
expected me in Washington city before this; and so I should have been, but
for a most untoward event which I shall explain to you. I have already informed
you of my intention to remain in Mexico until the meeting of Congress—first,
because I wished to see how the reform Congress would
open; and, secondly, for the purpose of carrying home with me the ratification
of the boundary treaty, as I was instructed to do; when, after all
the delay, I was, on the 9th day of the present month, informed that the
negotiation on that subject had been transferred to Washington city.

The Department of Foreign Affairs for Mexico has changed hands three
times since May last, and this created some confusion in the business of that
department. You are aware that my instructions for renewing the boundary
treaty arrived here in the beginning of June of the past year; and
these instructions enjoined it on me to have the treaty ratified before sending
it home. A short time previous to receipt of these instructions, General
Santa Anna had dissolved the Congress, so that it was impossible to

41

In January the change, as expected, actually took place, upon which I
immediately addressed the new Secretary, directing his attention to the
delays that had occurred, and requesting him to appoint an early day for
commencing the negotiation; when, to my great surprise, he replied to
me in a few days, stating that the negotiation had been intrusted to Mr.
Castillo; and that letters had been received from him saying that on the
10th of December last he had entered upon the subject with Mr. Forsyth;
and consequently it became proper to wait the result of that negotiation,
lest by carrying it on at the same time at two different points,
embarrassment might be produced. I give you all these facts, even at the
hazard of being deemed tedious, rather than permit you to suppose that
any neglect of mine has occasioned the transfer to Washington city.
And now I shall most certainly return in the New York packet for April,
and be able perhaps to bring with me the exchange of ratifications; if, as I
suppose, the treaty is already finished, and may be expected here from day
to day.

Mr. Gutierrez de Estrada to Mr. Butler.

PALACIO DEL GOBIERNO FEDERAL, Mexico, a 29 de Marzo de 1835.

El infrascrito, Secretario de Estado y del Despacho de Relaciones, tiene
el honor de participar al señor encargado de negocios de los Estados

42

En esta virtud, habiendose debido cerrar los sesiones del Congreso de
los mismos Estados Unidos, á principio del presente mes, y hallandose el
honorable Sr. Butler suficientemente autorizado para esta negociacion segun
consta de sus notas de 21 de Diciembre, y 27 de Enero últimos, el
infrascrito tiene la satisfaccion de decirle de órden de S. E. el Presidente
interino, que por su parte se halla despuesto á que sea aqui donde se trate,
sobre la proroga de termino antes mencionada, á fin de que el tratado á
que se refiere tenga pronta y cumplida execucion.

El E. S. Presidente interino ha acordado autorizar para este efecto al
Exmo. Sr. Don José Mariano Blasco, Secretario del Despacho de Hacienda,
y al infrascrito, Secretario de Relaciones, y desea que cuanto antes tenga
principio una negociacion que se presenta bien sencilla, supuesta la buena
disposicion de ambos Gobiernos, y la comunicacion que el mismo honorable
Sr. Don Antonio Butler dirigió pocotiempo há al infrascrito, con el objeto
de terminarla.

Esto se puede conseguir ahora facilmente, y aunque el Sr. Butler ha indicado
la proximidad de su viage á los Estados Unidos, espera el infrascrito,
que para que puede antes enteramente concluido este asunto, tendrá
la bondad de aunarse al Ministerio de Relaciones mañana, 30 de este mes,
á la una y media de la tarde.

El infrascrito tiene, con este motivo, la honra de presentar al sr. encargado
de negocios de los Estados Unidos del Norte, sus respetos y muy distinguida
consideracion.

J. M. GUTIERREZ DE ESTRADA. Al Sr. Don ANTONIO BUTLER, Encargado de Negocios, &c.

Mr. Gutierrez de Estrada to Mr. Butler.
[Translation.]

PALACE OF THE FEDERAL GOVERNMENT, Mexico, March 29, 1835.

The undersigned, Secretary of State and of Relations, has the honor to
inform the chargé d'affaires of the United States of America, that, according
to the communications last received from the representative of the republic
in Washington, no steps had been taken in the negotiation with
which he was charged, for the purpose of prolonging the period set forth
in the treaty of limits, for the meeting of the commissioners of the two
Governments, whose duty it would be to fix those limits, agreeably to the
terms stipulated in the said treaty.

In consequence of this, as the Congress of the United States was to
close its session about the commencement of the present month, and as the
honorable Mr. Butler is himself sufficiently authorized to conduct this negotiation,
as appears by his notes of December 21 and January 27 last, the
undersigned has the satisfaction to inform him, by order of his excellency

43

His excellency the acting President has thought proper to authorize to
this effect his excellency Don José Mariano Blasco, Secretary of the
Treasury, together with the undersigned Secretary of Relations, and he
desires that a commencement may be immediately made of a negotiation
which appears to be so simple, if both parties are well disposed, as would
seem to be the case from the communication on this subject addressed, a
short time since, to the undersigned, by Mr. Anthony Butler.

This may now be easily effected; and although Mr. Butler has given
notice of his intention to go soon to the United States, the undersigned
hopes that, in order to have this business entirely concluded before his departure,
that gentleman will have the kindness to call at the Department
of Foreign Relations to-morrow, the 30th of this month, at half past one in
the afternoon.

The undersigned concludes with presenting to the chargé d'affaires of
the United States of the North, the assurances of his most distinguished
consideration.

J. M. GUTIERREZ DE ESTRADA. To ANTHONY BUTLER, Esq.,
Chargé d'Affaires of the U. S. of America.

Mr. Obregon to Mr. Clay.

LEGACION DE LOS ESTADOS UNIDOS DE MEXICO,
Washington, 19 de Marzo de 1828.

HONORABLE SEñOR:

El infrascrito, enviado extraordinario de la republica
Mexicana, tiene el honor de poner en conocimiento del Señor Secretario
de Estado que el Gobierno de Mexico ha nombrado al General Don
M. Teran con el objeto de practicar las operaciones cientificas y reconocimientos
necesarios para proceder á celebrar el tratado de limites entre los
Estados Unidos de America y los Estados Unidos de Mexico; y que al
efecto pidió del Señor Poinsett, enviado extraordinario de esta republica en
Mexico, los correspondientes pasaportes, quien los expedio desde luego acompañando
al mismo tiempo cartas de recomendacion para los Gobernadores
del territorio fronterizo de Arcanzas y del Estado de la Luisiana.

El infrascrito, al hacer esta comunicacion al Señor Secretario de Estado,
desea saber, si sera necesario el pasaporte del Señor Secretario de Estado
para que el General Teran, y los individuos, de que es adjunta lista, y de
mas personas que, para su seguridad, puedan acompañarle, procedan sin
obstaculos á disempañar los trabajos que se les há encargado. En caso de
que sean, el infrascrito espera del Señor Secretario de Estado la remisa de
los pasaportes, y le manitieste ademas, loque le paresea conducente para
que en esta operacion nada se turbe la buena armonia que existe entre
ambos Gobiernos.

El infrascrito aprovecha de esta ocasion para ofrecer al Señor Secretario
de Estado los sentimientos de su mayor consideracion y respeto.

PABLO OBREGON. H. Señor H. CLAY,
Secretario de Estado de los E. U.

Mr. Obregon to Mr. Clay.
[Translation.]

LEGATION OF THE UNITED STATES OF MEXICO,
Washington, March 19, 1828.

SIR:

The undersigned, envoy extraordinary of the Mexican republic,
has the honor to inform the Secretary of State that the Government of
Mexico has appointed General Don M. Teran to perform the scientific operations
and surveys necessary to proceed in the execution of the treaty of
limits between the United States of America and the United States of Mexico;
and that, with that view, it has applied to Mr. Poinsett, minister extraordinary
of this republic at Mexico, for the necessary passports, who
immediately granted them, accompanied by letters of recommendation for
the Governors of the conterminous Territory of Arkansas and of the State
of Louisiana.

The undersigned, in communicating this information to the Secretary of
State, wishes to know if a passport from the Secretary of State will be
necessary to enable General Teran and the persons attached to his party,
of whom a list is enclosed, as also such other individuals as, for their
safety, may accompany them, to discharge, without obstacles, the duties
assigned them. If such be the case, the undersigned hopes that the Secretary
of State will grant those passports, and communicate whatever he may
think calculated to prevent any thing occurring in this transaction to disturb
the harmony subsisting between the two Governments.

The undersigned takes this opportunity to offer to the Secretary of State
the sentiments of his highest consideration and respect.

PABLO OBREGON. Hon. HENRY CLAY, Secretary of State.

Mr. Clay to Mr. Obregon.

DEPARTMENT OF STATE,
Washington, March 24, 1828.

SIR:

I have the honor to acknowledge the receipt of your note of the
19th instant, communicating the information that the Government of
Mexico has appointed General Don M. Teran to perform the scientific
operations and surveys necessary to proceed in the execution of the treaty
limits between the United States of America and the United States of
Mexico, and that with that view passports have been obtained from Mr.
Poinsett, minister plenipotentiary and envoy extraordinary of the United
States at Mexico, together with letters of recommendation to the Governors
of the conterminous Territory of Louisiana and Arkansas; and requesting
to be informed if a passport from this Department to General Teran and
his family will be necessary to enable them to execute the object of their
appointment without molestation.

The treaty to which you are understood to refer, lately concluded at
Mexico, has not yet been received, and consequently is not yet ratified by
this Government. Any joint measures, therefore, in relation to its execution,
would be premature until that ceremony is performed. But as the
operations and surveys contemplated by General Teran's appointment
are presumed to be intended for the satisfaction of the Government of the
United States of Mexico, the President has no objection to them. I have,
therefore, the pleasure of transmitting the passport requested from this
office, which. although it may not be necessary to the security of General
Teran and his suite, may conduce to the removal of any obstructions
which, without it, he might possibly encounter.

I avail myself of the occasion to renew to Mr. Obregon assurances of
my distinguished consideration.

HENRY CLAY. Don PABLO OBREGON,
Envoy Extraordinary and Minister
Plenipotentiary from the United Mexican States.

46

Mr. Clay to Mr. Obregon.

DEPARTMENT OF STATE,
Washington, April 30, 1828.

SIR:

I have the honor to inform you that the President, by and with the
advice and consent of the Senate of the United States, has ratified the
treaty of limits concluded at Mexico on the 12th day of January last. It
is stipulated in the treaty that the exchange of its ratifications shall be
made in this city within four months from the date of the treaty, of which
only a few days now remain. I have the honor to inform you that I am
ready to proceed in the exchange of the ratifications of the treaty at any
time that may suit your convenience within the period prescribed.

I avail myself of this occasion to present you assurances of my high
consideration.

H. CLAY. Don PAELO OBREGON, &c.

Mr. Obregon to Mr. Clay.

LEGACION MEXICANA,
Washington, 1 de Mayo de 1828.

HONORABLE SŌR:

He tenido el honor de recibir la nota de V. fecha de
ayer, en que me participar el haberse ratificado por el Presidente y Senad
de estos Estados el tratado de limites celebrado entre este Gobierno y el
de Mexico, cuyo cange puede verificarse hasta el 12 del presente mes; y
lo que esta V. dispuesto ha hacer cuando yo lo juzgue conveniente en el
termino indicado.

Hasta la presente no he recibió el tratado, por lo que tengo el sentimiento
de no hacer el cange inmediatamente, como lo hubiera verificado despues
del recibo á la nota que tengo el honor de contestar.

Aprovecho esta ocasion para presentar á V. las seguridades de mi mas
alta consideracion y respeto.

PABLO OBREGON. Hon. HENRY CLAY,
Secretario de Estado de los Estados Unidos de America.

Mr. Obregon to Mr. Clay.
[Translation.]

MEXICAN LEGATION,
Washington, May 1, 1828.

SIR:

I have had the honor of receiving your note dated yesterday, informing
me of the ratification, by the President and Senate of these
States, of the treaty of limits concluded between this Government and that
of Mexico, whose exchange may be made until the 12th of this month, and

47

As yet I have not received the said treaty, and therefore regret not to
have it in my power to do so immediately, as I would otherwise have done
on the receipt of the note which I have the honor to answer.

I seize this opportunity to present to you the assurances of my high consideration
and respect.

PABLO OBREGON.

Mr. Obregon to Mr. Clay.

LEGACION MEXICANA,
Washington, 2 de Agosto de 1828.

HONORABLE SŌR:

El infrascrito, enviado extraordinario y ministro
plenipotenciario de los Estados Unidos Mexicanos, tiene el honor de informar
al Sr. Secretario de Estado que el dia de ayer llegó de New York, en
donde recibío el tratado de limites concluido en Mexico, ratificado ya por
el Presidente de los Estados Unidos Mexicanos, con aprobacion del Congreso.

En esta virtud, el infrascrito se halla dispuesto á cangear las ratificaciones,
quando el Sr. Secretario de Estado lo tenga por conveniente.

El infrascrito se aprovecha de esta ocasion para repetir al Sr. Secretario
de Estado la seguridad de su mayor consideracion y respeto.

PABLO OBREGON. Hon. HENRY CLAY,
Secretario de Estado de los Estados Unidos de America.

Mr. Obregon to Mr. Clay.
[Translation.]

MEXICAN LEGATION,
Washington, August 2, 1828.

SIR:

The undersigned, envoy extraordinary and minister plenipotentiary
of the Mexican United States, has the honor to inform the Secretary
of State that he arrived yesterday from New York, where he received the
treaty of limits concluded at Mexico, ratified by the President of the Mexican
United States, with the approbation of Congress.

The undersigned is, therefore, ready to exchange the ratification when
convenient to the Secretary of State.

The undersigned seizes this opportunity to renew to the Secretary of
State the assurances of his highest consideration and respect.

PABLO OBREGON.

48

Mr. Brent to Mr. Obregon.

DEPARTMENT OF STATE,
Washington, August 2, 1828.

SIR:

In the absence of the Secretary, I have just received your note to
him of this day's date, announcing your return to this city from that of
New York. and stating that you had received, in the last-mentioned city,
the ratification by the President of the Mexican United States of the treaty
of limits between the United States of America and the United Mexican
States, concluded and signed at Mexico on the 12th day of January last, and
that you were ready to proceed to the exchange of that ratification for one
on the part of this Government when convenient. Having submitted your
note to the President, I am directed by him to observe to you, as I have
the honor to do, in reply, that, as the treaty in question contains a stipulation
that the exchange of ratifications should be effected within four months
from its date, and the ratification on the part of the United States was advised
by their Senate, with that stipulation forming a part of the instrument,
the President does not think himself at liberty, now that the limited
period has expired, to authorize the proposed exchange without the further
consent of the Senate; and that it will be accordingly laid again before
the Senate at its next session for that purpose, together with the treaty of
amity, commerce, and navigation, which was negotiated at Mexico under
the eye of your Government, and concluded and signed there on the 14th
of February following, as it is understood that a condition has been annexed
to the ratification of that treaty, by the advice of the Mexican Congress,
of which the Senate of the United States was not aware when it
advised the ratification of it on the part of the United States.

I pray you, sir, to accept the assurances of my very high and distinguished
consideration.

DANIEL BRENT. Don PABLO OBREGON, Envoy Extraordinary
and Minister Plenipotentiary from Mexico.

Mr. Montoya to Mr. Van Buren.

LEGACION MEXICANA,
Baltimore, Avril 16 de 1829.

El infrascrito, encargado de negocios de los Estados Unidos Mexicanos,
tiene el honor de informar al Sr. Secretario de Estado que el Gobierno
de Mexico, deseando por su parte llevar á efecto el tratado de limites concluido
y firmado en aquella capital el 12 de Enero del año pasado, y aprobado
por el Congreso general, le ha nombrado, para que en calidad de
plenipotenciario haga cuanto sea necesario para que se verifique el cange
de la ratificacion de dicho tratado, remitiendole al efecto el pleno poder correspondiente.

Segun la nota que el anterior Secretario de Estado pasó al Sr. Obregon
antes de abrirse la sesion última del Congreso de los Estados Unidos de
America, el obstaculo que el Presidente tubo entonces para no autorizar el
cange de la ratificacion, fué que habiendo pasado el termino estipulado en
el tratado, debia someterse segunda vez a la consideracion del Senado.

49

El infrascrito entiende que esto se habra verificado durante la sesion
que espiró el 4 de Marzo, y que ya no habra ninguna dificultad por parte
del Gobierno de los Estados Unidos de America.

En esta virtud, el infrascrito espera que el Sor. Secretario de Estado
le comunique si se halla dispuesto á proceder al cange de la ratificacion
del referido tratado de limites.

El infrascrito se aprovecha de esta ocasion para repetir al Sor. Secretario
de Estado la seguridad de su mayor consideracion y respeto.

J. M. MONTOYA. Honorable Sor. MARTIN VAN BUREN,
Secretario de Estado de los Estados Unidos de America.

Mr. Montoya to Mr. Van Buren.
[Translation.]

LEGATION OF MEXICO,
Bultimore, April 16, 1829.

The undersigned, chargé d'affaires of the United Mexican States, has
the honor to inform the Secretary of State that the Government of Mexico,
desirous of carrying into effect, on its part, the treaty of limits concluded
in that capital on the 12th January of last year, and approved by the
General Congress, has directed him, as its plenipotentiary, to do whatever
may be necessary to effect the exchange of ratifications of the said
treaty, and invested him with full powers for that purpose.

It appears from a note which the late Secretary of State addressed to
Mr. Obregon prior to the opening of the last session of Congress, that
the objection which the President then had to authorize the exchange of
the ratification, was, that the term stipulated by the treaty having expired,
it was necessary again to submit it to the Senate for consideration.

The undersigned presumes that this has been done during the session
which expired on the 4th of March, and that no further difficulty now
exists on the part of the United States of America.

The undersigned, therefore, hopes that the Secretary of State will inform
him whether he is disposed to proceed to the exchange of the ratification
of the treaty of limits above referred to.

The undersigned seizes this opportunity to renew to the Secretary of
State the assurances of his greatest consideration and respect.

J. M. MONTOYA.

Mr. Van Buren to Mr. Montoya.

DEPARTMENT OF STATE,
Washington, April 22, 1829.

The undersigned, Secretary of State of the United States, has received
the note of the 16th instant, which Mr. Montoya, chargé d'affaires from
the United Mexican States, has addressed to him, stating that his Government,

50

The undersigned having laid Mr. Montoya's note before the President
of the United States, he is instructed by him to state, in reply, as he has
the honor to do, that, concurring in the opinion which appears to have been
entertained by his immediate predecessor, as made known to Mr. Obregon,
the then minister of Mexico near this Government, on the 2d of August
last, by this Department, that it would not be proper on his part to authorize
the exchange of the ratifications without again submitting the
treaty to the consideration of the Senate, for its renewed advice and consent,
the term stipulated by that instrument itself, in which the exchange
of ratifications was to be effected, having expired before Mr. Obregon
gave notice that he was instructed and empowered to make it on the part
of his Government, this formality cannot now be entered upon, but must
necessarily await the decision of the Senate, at its next session, when the
treaty in question will be again submitted to that body with that view.

The undersigned is not particularly acquainted with the policy which
governed the late President, in not asking and taking the advice of the
Senate at its last session, as it appears he intended to do, with regard to
this subject, but it is presumed that he was influenced by the expectation
which he had reason to entertain, that another treaty between the same
parties, equally interesting to both of them, which had also been negotiated
and concluded at the Mexican capital, under the immediate eye of the
Mexican Government, would be received back from that Government,
with its ratification added thereto, in time to be submitted, together with
the other, to the consideration of the Senate during that session; and he
was disappointed in this expectation. Before the commencement of the
next session of the Senate, however, the undersigned flatters himself that
Mr. Montoya will have received from his Government its ratification of
the last-mentioned, the commercial treaty, with authority to proceed to
the exchange of it for the ratification of this Government; and he is authorized
to inform him that, in that case, the President will forthwith
submit it likewise to the further consideration of the Senate of the United
States.

The undersigned prays Mr. Montoya to accept the assurance of his
distinguished consideration.

M. VAN BUREN. Don J. M. MONTOYA, &c.

Mr. Montoya to Mr. Livingston.

LEGACION MEXICANA EN WASHINGTON,
Marzo 26 de 1832.

El infrascrito, encargado de negocios de los Estados Unidos Mexicanos,
tiene el honor de informar al Sr. Secretario de Estado de los Estados

51

El infrascrito espera que el Sr. Secretario de Estado le manifieste si so
halla igualmente dispuesto á proceder al cange de las ratificaciones, en el
concepto que el 5 de April proximo se concluye el termino estipulado para
estc acto.

El infrascrito se aprovecha de esta ocasion para renovar al Sr. Secretario
de Estado los sentimientos de su alta consideracion y respeto.

J. M. MONTOYA. Al Hon. Sr. EDW. LIVINGSTON,
Secretario de Estaào.

Mr. Montoya to Mr. Livingston.
[Translation.]

MEXICAN LEGATION IN WASHINGTON,
March 26, 1832.

The undersigned, chargé d'affaires of the United Mexican States, has
the honor to inform the Secretary of State of the United States of America,
that the Government of Mexico, being anxious to carry into effect on
its own part the treaty of limits, and that of amity, commerce, and navigation,
concluded and signed at the capital of the latter republic on the
12th of January, 1828, and on the 5th of April, 1831, both of which have
been approved by the General Congress of the Union, have appointed and
fully authorized him, as plenipotentiary, to do whatever may be necessary
for the exchange of the ratifications of the said treaties.

The undersigned hopes that the Secretary of State will inform him
whether he is equally disposed to proceed to the exchange of the ratifications,
reminding him at the same time, that, on the 5th of April next the
period stipulated for that act will expire.

The undersigned avails himself of this occasion to renew to the Secretary
of State the expressions of his high consideration and respect.

J. M. MONTOYA. To the Hon. EDWARD LIVINGSTON,
Secretary of State.

Mr. Livingston to Mr. Montoya.

DEPARTMENT OF STATE,
Washington, March 30, 1832.

The Secretary of State of the United States had the honor to receive, on
the day of its date, the 26th of this month, the note of Mr. Montoya, chargé
d'affaires of the United Mexican States, and has now the satisfaction to

52

To Mr. MONTOYA,
Chargé d' Affaires of Mexico.

Mr. Montoya to Mr. Livingston.

LEGACION MEXICANA EN WASHINGTON,
Marzo de 31 de 1832.

El infrascrito, encargado de negocios de los Estados Unidos Mexicanos,
ha tenido el honor de recibir, hoy, la nota del Sr. Secretario de Estado,
fecha 30 del corriente, en que le informa, en contestacion á la suya del 26,
estar dispuesto á proceder con el infrascrito, el Miercoles proximo, 4 de
April, al cambio de las ratificaciones por sus respectivos Gobiernos, del
tratado de comercio y navegacion concluido en Mexico en 5 de April
ultimo.

El infrascrito no ha podido menos de mirar con sentimiento y sorpresa
esta contestacion. Desde 30 de April de 1828, el Sr. Clay, entonces Secretario
de Estado, dirigió una nota al ministro Mexicano, informandole que
habiendo el Presidente, á ciencia y consentimiento del Senado de los Estados
Unidos de America, ratificado el tratado de limites, concluido en Mexico
en 12 de Enero del mismo año, estaba dispuesto á proceder al cambio de
las ratificaciones del tratado á alguna tiempo que el ministro Mexicano
progase conveniente, dentro del termino estipulado.

Como hasta aquella fecha, el ministro Mexicano, no habio recibido el
tratado ratificado por su Gobierno, no pudo proceder entonces al cambio
de las ratificaciones.

Cuando, despues le recibido del tratado, el mismo ministro informa al Secretario
de Estado, en 2 de Agosto del mismo año, no tener ya ninguno
obstaculo para proceder al cambio de las espresadas ratificaciones, se le
contesto, el mismo dia, que habia transcendido el termino señalado en el
tratado, y que seria necesario volver á someter á la consideracion del Senado
en la proxima sesion.

La misma contestacion se dió por el Sr. Van Buren en 22 de April a
una nota del infrascrito añadiendo que luega que se recibiese el tratado de
comercio y navegacion de someterian ambus a la consideracion del Senado
de los Estados Unidos de America.

En virtad de esta correspondencia, el Vice Presidente de los Estados Unidos
Mexicanos, venciendo muchas dificultades, ha procurado con la mayor
eficacia tomar todas las medidas necesarias para concluir y ratificar el tratado
de amistad, comercio, y navegacion, verificando lo mismo con un articulo
adicional al tratado de limites, por el que se estiende el termino para
el cange de las ratificaciones al 5 de April proximo.

De estos hecbos se concluye que el tratado de limites fué ratificado constitucionalmente
por el Presidente de los Estados Unidos de America, y que
sino se verificó el cambio de las ratificaciones fué por haber pasado el termino

53

De conseguiente el Gobierno Mexicano al enviar ambos tratados para
que se cangeran á la vez, en esta capital, dentro del termino ultimamente
señalado, estaba muy lesos de creer que se pudiese posponer indefinidamente
el cambio de las ratificaciones del de limites por parte del Gobierno
Americano.

El infrascrito omite espresar la desfavorable impresion que esta dilacion
produciria en la nacion Mexicana. Asi que el infrascrito se promete que
el Sr. Secretario de Estado cuando tenga por convenientc proceder al cambio
de las ratificaciones del tratado de amistad, comercio, y navegaceon,
procedera igualmente al cambio de las del tratado de limites.

El infrascrito se aprovecha de esta ocasion para reiterar al Sr. Secretario
de Estado los sentimientos de su alta consideracion y respeto.

J. M. MONTOYA. Hon. Sr. EDW. LIVINGSTON,
Secretario de Estade.

Mr. Montoya to Mr. Livingston.
[Translation.]

MEXICAN LEGATION,
Washington, March 31, 1832.

The undersigned, chargé d'affaires of the United Mexican States, had
this day the honor of receiving from the Secretary of State, a note bearing
date the 30th, in reply to his of the 26th; in it the Secretary informs the
undersigned that he will be prepared, on Wednesday the 4th of April next,
for the exchange of the ratifications by the respective Governments of the
treaty of commerce and navigation concluded in Mexico on the 5th of April
last.

The undersigned was much surprised and grieved by the terms of this
reply. On the 30th April, 1828, Mr. Clay, then Secretary of State, informed
the Mexican minister by note, that the President had, with the advice
and consent of the Senate, ratified the treaty of limits which had been
concluded in Mexico on the 12th of January preceding, and that he was
ready for the exchange of the ratifications at any time within the period
assigned by the treaty which would be convenient to the Mexican minister.
That period however passed before the minister could receive the
treaty ratified by his Government, and consequently the exchange would
not be effected within it. When at length the treaty arrived, the minister
informed the Secretary of State on 2d August, 1828, that no farther obstacle
existed to the exchange of ratifications; the reply was that the period
fixed in the treaty having been exceeded, the subject would have to be
brought before the Senate at their next session.

54

The same reply was given by Mr. Van Buren to the undersigned on the
22d April, with the addition that as soon as the treaty of commerce and
navigation was received, it would be submitted to the consideration of the
Senate.

Induced by this correspondence, the Vice President of the United Mexican
States procured, with great difficulty, the necessary powers to conclude
and ratify the treaty of friendship, commerce, and navigation, the period for
the exchange of ratifications of this latter being declared by an additional
article to be the same within which that of the treaty of limits is to take
place.

From this it appears that the treaty was actually signed by the President
of the United American States, and that the exchange was only prevented
by the circumstance of the period assigned having been exceeded; that the
Mexican Government, by the additional article, had removed this obstacle
as far as lay in its power, and by ratifying the treaty of friendship, commerce,
and navigation, has also done away with the second objection alleged
by the United States Government against the exchange of the treaty of
limits.

Consequently, when the Mexican Government sent both the treaties to
be exchanged at once in this capital, within the period last assigned, it
was far from imagining that the exchange of ratifications of the treaty
of limits would be put off indefinitely by the American Government.

The undersigned says nothing of the unfavorable impression which this
delay will produce upon the Mexican nation, and ventures to hope that
when the Secretary of State thinks proper to exchange the ratifications of
the treaty of friendship, commerce, and navigation, he will likewise exchange
those of the treaty of limits at the same time.

The undersigned takes this occasion to express to the Secretary of State
the sentiments of consideration and respect with which he signs himself,

J. M. MONTOYA. To the Hon. EDWARD LIVINGSTON,
Secretary of State.

Mr. Livingston to Mr. Montoya.

DEPARTMENT OF STATE,
Washington, March 31, 1832.

The undersigned, Secretary of State of the United States, has the honor
to acknowledge the receipt of a note of this date from Mr. Montoya, chargé
d'affaires of the United States of Mexico, in answer to the notice which
the undersigned caused to be given of his readiness to proceed to the exchange
of the ratifications of the treaty of commerce and navigation on the
4th of next month of April. In that note Mr. Montoya expresses a hope
that, on the same day fixed for the exchange of the ratifications of the
treaty of commerce and navigation, the exchange may also take place of
the treaty of limits. To this proposition it would be a sufficient answer to
say, that, in order to procced to the exchange of treaties, the ratifications
of both of the high contracting parties, by their constitutional organs, must
have preceded such exchange; that, in the case of one treaty, such ratification

55

The intimate acquaintance which the chargé d'affaires of the Mexican
republic has with the distribution of powers under our constitution renders
it unnecessary to explain to him the relative functions of the President and
the Senate in the formation of treaties, or to inform him that it would be
impossible for the President to assume the powers given to another branch
of the Government. The former ratification by the Senate four years ago
was rendered inoperative by the omission of the Mexican Government to
ratify within the term prescribed, and the subsequent enlargement of the
term by an additional article by one party requires, as has been said, the
co-operation of the other before the compact can be complete.

It is hoped that the ratification of the Senate will enable the undersigned
to comply with the wishes of the chargé d'affaires of the United Mexican
States, to exchange both treaties at the same time, and to give the greatest
opportunity for doing this the latest day was fixed for the exchange of the
ratifications of the treaty of commerce and navigation.

The undersigned renews the assurances of his high consideration.

EDWARD LIVINGSTON. JOSE MONTOYA, Esq.
Chargé d'Affaires of the United Mexican States.

Mr. Montoya to Mr. Livingston.

LEGACION MEXICANA EN WASHINGTON,
April 3 de 1832.

El infrascrito, encargado de negocios de los Estados Unidos Mexicanos,
tubo el honor de recibir, ayer, á las 3, la nota, del Sr. Livingston, Secretario
de Estado, fecha 31 de Marzo, en contestacion á la suya del mismo dia,
en que le manifestaba los motivos que tenia para esperar que el cange de

56

El Sr. Livingston, en su nota mencionada, dice, que a esta proposicion seriar
bastante responder, que para proceder al cange de los tratados debe preceder
la ratificacion de las dos altas partes contratantes; y que, estando aun
el tratado de limites baso la consideracion del Senado de los Estados Unidos
sin cuyo consentimiento el Presidente, no puede ratificarlo, el Sr. Livingston
no puede proceder al cambio de las ratificaciones. Añade despues que aunque
esta debia reputarse por una razon suficiente y satisfactorio para que no
pudieran realizar se las esperanzas de infrascrito sobre ese asunto, era
propio hacer la observacion, que la disposicion que el Sr. Clay manifest ó
en su nota de 30 de April de 1828, para proceder, por parte del Gobierno
de los Estados Unidos, al cambio de las ratificaciones del tratado de
limites, inmediatamente despues de su ratificacion por el Senado, y su
respuesta al ministro Mexicano, de que no podia verificarse el cambio de
las ratificaciones por haber pasado el termino señalado todo esto prueba que
el Gobierno de los Estados Unidos de America estaba dispuesto á hacer el
cange; mas que habiendo pasado el termino, aquel acto no podia verificarse
hasta que los poderes del Gobierno autorizados para hacer tratado
hicieden la modificacion aunque y hecha por una de las dos altas partes
contratantes estaba pendiente de la decision de la otra. El Sr. Secretario
añade, que la primera ratificacion del Senado de los Estados Unidos de
America se habia invalidado por la omision del Gobierno Mexicano en
ratificar el tratado dentro del termino señalado, y que la estencion de él
por medio de un articulo adicional hecha por una de las partes requiere la
cooperacion de la otra, antes que el paeto pueda reputarse completo.

El infrascrito, cuando pasó su nota de 31 de Marzo, bien sabia que el
Presidente de los Estados Unidos no podia ratificar el tratado de limites
sin el consentimiento del Senado; sabia tambien, que no habiendose cambiado
las ratificaciones dentro del termino estipulado en 12 de Enero del
año de 1828, esa necesario que el articulo adicional para prolongar el termino
del cange por un año, convenido en Mexico en 5 de April de 1831,
entre las plenipotenciarios de las dos altas partes contratantes, debia someterse
á la consideracion del Senado, sin embargo creea que para la ratificacion
de este articulo no se hubiera encoatrado ninguna dificultad.

En efecto, el tratado de limites concluido y firmado en Mexico no es
sin una repeticion del que se celebró y ratificó por los Estados Unidos y
por España. Cuando los Estados Unidos de America reconocieron la independencia
de Mexico, en el mismo hecho reconocieron tacitamente los
limites ya conveniendos con la Españn; y asi, al proceder a la formacion del
tratado sobre el mismo negocio, en el año de 1828, tanto los Estados Unidos
de America con los Estados Unidos Mexicanos no hicieron otra cosa sino
dar una nueva sancion á lo ya reconocido.

La prontitud con que fué ratificado por el Presidente de los Estados
Unidos, con consentimiento del Senado, y la disposicion manifestada por
el Sr. Clay para verificar el cange de los ratificaciones—prueba que la
cuestion de limites estaba enteramente aranjada; y que si, despues de pasado
el termino para el cange, el Presidente creió necesario volver á someter
el tratado, á la consideracion del Senado no se puede imaginar que
esta segunda revision tuviere por objcto la cuestion de limites, sino simplemente
la de prolongar el termino estipulado para el cange.

Esta prolongacion ha sido el unico asunto del articulo adicional, que en

57

Por consiguiente, el Gobeirno del infrascrito, persuadido que no hubiese
la menor dificultad de parte del de los Estados Unidos de America, en la
ratification del articulo adicional, se creyá autorizado para esperar que
se verificase al mismo tiempo el cange de ambas tratados.

Asi que, el infrascrito se vé en la necesidad de manifestar al Sr. Secretario
de Estado, que conforme á sus instrucciones, no puede proceder al cange
de las ratificaciones del tratado de amistad, comercio y navegacion, sino se
verifica al mismo tiempo el de las del tratado de limites.

El infrascrito se apro vecha de esta ocasion para renovar al Sr. Secretario
de Estado los sentimientos de su alta consideracion y respeto.

J. M. MONTOYA. Hon. Sr. EDW. LIVINGSTON,
Secretario de Estado.

Mr. Montoya to Mr. Livingston.
[Translation.]

MEXICAN LEGATION IN WASHINGTON,
April 3, 1832.

The undersigned, chargé d'affaires of the United Mexican States, had
the honor to receive, yesterday, at 3 o'clock in the afternoon, the note from
Mr. Livingston, the Secretary of State, dated March 31st, in reply to that
from the undersigned of the same date, stating his reasons for hoping that
the ratifications of the treaty of limits might be exchanged on the same day
with those of the treaty of amity, commerce, and navigation.

Mr. Livingston, in his said note, says that it would be a sufficient answer
to this proposition to state, that in order to proceed to the exchange of
treaties, the ratifications of both the high contracting parties should have
been previously exchanged, and that as the treaty of limits is now under
the consideration of the Senate of the United States, without the consent of
which the President cannot ratify it, Mr. Livingston cannot proceed to the
exchange of the ratifications. He afterwards adds, that although this might
be taken as a sufficient and satisfactory reason for the non-fulfilment of the
expectations of the undersigned with regard to this affair, it was proper to
remark that the readiness evinced by Mr. Clay, in his note of the 30th of
April, 1828, to proceed on the part of the United States to the exchange
of the ratifications of the treaty of limits, immediately after its ratification
by the Senate, and his answer to the Mexican minister, that the said exchange
could not take place, as the period assigned for it had expired,
served as proofs that the Government of the United States was ready to
make the exchange; but that the period having expired, it could not be effected
until a modification of the treaty had been made by those authorized
by the Government to make it; that such a modification had been made by
one of the high contracting powers, but the decision of the orther with regard
to it was still pending. The honorable Secretary adds, that the first
ratification by the Government of the United States had been rendered void

58

The undersigned, on despatching his note of the 31st March, was well
aware that the President of the United States could not ratify the treaty of
limits without the consent of the Senate; he also knew that as the ratifications
had not been exchanged within the period stipulated on the 12th of
January, 1828, it was necessary that the additional article for extending
the term of the exchange one year longer, agreed upon at Mexico between
the plenipotentiaries of the two high contracting parties, should be submitted
to the consideration of the Senate; he however believed that no difficulty
would have taken place with regard to the ratification of the said
article.

In fact, the treaty of limits concluded and signed at Mexico, is merely a
repetition of that concluded and ratified by the United States and by Spain.
When the United States of America recognised the independence of Mexico,
they by that very act tacitly recognised the limits already agreed on
with Spain, and therefore, in forming the treaty with regard to that subject
in 1828, the United States of America, as well as the United Mexican
States, did nothing more than sanction what had been already acknowledged.

The readiness with which this treaty was ratified by the President of the
United States, with the consent of the Senate, and the disposition manifested
by Mr. Clay for effecting the exchange of the ratifications, prove
that the question of the limits was entirely arranged, and that if, after the
expiration of the term for the exchange, the President had thought proper
to submit the treaty again to the consideration of the Senate, there was no
ground for supposing that this second revision comprehended the question
of limits, or that it would not be confined simply to that of the extension of
the period stipulated for the exchange.

This extension was the sole object of the additional article, which was
signed by the American plenipotentiary accredited near the Government of
the United Mexican States, in virtue of powers conferred on him by his
own. In consequence, the Mexican Government, under the persuasion that
there would not be the slightest difficulty on the part of that of the United
States of America, with regard to the ratification of the additional article,
considered itself authorized to expect that the exchange of both treaties
would take place at the same time.

The undersigned therefore finds himself under the necessity of informing
the Secretary of State, that agreeably to his instructions, he cannot proceed
to the exchange of the ratifications of the treaty of amity, commerce,
and navigation, unless those of the treaty of limits be exchanged at the same
time.

The undersigned avails himself of this occasion to repeat to the honorable
Secretary of State the assurances of his high consideration and respect.

J. M. MONTOYA. To the Hon. EDW. LIVINGSTON,
Secretary of State.

59

Mr. Montoya to Mr. Livingston.—Extract.

LEGACION MEXICANA EN WASHINGTON,
April 27 de 1832.

En el articulo 3 del tratado de limites, se ha convenido en que para fijar
la linea divisoria de ambas republicas, nombrará cada una de ellas un comisario
y un geometra, que se juntarán en Natchitoches antes del termino
de un año, contado desde la fecha de la ratificacion del tratado. El infrascrito
ruega al Sōr Secretario de Estado le informe cuando se verificará
el nombramiento del comisario espresado, por parte del Presidente de los
Estados Unidos, y el tiempo en que probablemente llegará el comisario al
lugar convenido.

El infrascrito se aprovecha de esta oportunidad para reiterar al Sōr
Secretario de Estado los sentimientos de su alta consideracion y respeto.

J. M. MONTOYA.

Mr. Montoya to Mr. Livingston.—Extract.
[Translation.]

MEXICAN LEGATION AT WASHINGTON,
April 27, 1832.

In the third article of the treaty of limits it is agreed that, in order to
fix the dividing line between the two republics, each party shall appoint a
commissioner and a surveyor, who shall meet at Natchitoches before the
termination of one year from the date of the ratification of the treaty.
The undersigned requests the Secretary of State to inform him when
the appointment of the said commissioner will have been made by the President
of the United States, and at what time the commissioner would
probably arrive at the place agreed upon.

The undersigned avails himself of this opportunity to repeat to the Secretary
of State the expressions of his high consideration and esteem.

J. M. MONTOYA.

Mr. Livingston to Mr. Montoya.

DEPARTMENT OF STATE,
Washington, July 20, 1832.

The undersigned, Secretary of State of the United States, has the honor
to transmit to Mr. Montoya, chargé d'affaires from Mexico, the enclosed
copy of an act of the late sessioa of Congress, entitled “An act to provide
for carrying into effect the treaty of limits between the United States of
America and the United Mexican States;” and to acquaint him that this
Government is prepared to proceed, conjointly with that of Mexico, to the
designation of the boundary line between the territories of the two Governments.

60

The undersigned is instructed, therefore, by the President, to inquire of
Mr. Montoya whether any arrangements have been made on the part of
his Government for proceeding, conjointly with this, to the designation of
the line contemplated, or, if not, to request that he will ask the immediate
attention of his Government to this subject.

He avails himself of this occasion to renew to Mr. Montoya the assurances
of his consideration.

EDWARD LIVINGSTON. JOSE MONTOYA, Esq.
Chargé d'affaires of the United Mexican States.

Mr. Castillo to Mr. McLane.

FILADELFIA, Diciembre 2 de 1833.

El infrascrito, encargado de negocios de la republica Mexicana, tiene
el honor de comunicar á S. E. el Secretario de Estado que ha recibido una
nota de su Gobierno, cuyo tenor es el signiente:

Para dar cumplimiento el Supremo Gobierno á la prevenido en el articulo
3° del tratado de limites entre estos y esos Estados, ha nombrado en
clase de comisario al Teniente Coronel Don Tomás Ramon del Moral, y
en la de geometra á Don Castillo Navarro. Y lo aviso á VS. para su
conocimiento y que lo ponga en el de ese Gobierno es peranclo informe si
están nombrados y quienes son losque por su parte deben concurrir para
fijar la linea divisoria entre ambos paises.”

El infrascrite espera que el Sor. Secretario de Estado se sirva, es municarle
si su Gobierno ha nombrado ya á los individuos que deben concurrir
con aquellos para fijar la referida linea divisoria, ye n tal caso ha de merecer
á S. E. le indique quienes son los nombrados.

Entretanto tiene la satisfaccion el infrascrito de ofrecer nuevamente á S.
E. las seguridades de distinguida consideracion.

Dios y libertad.

J. M. DE CASTILLO Y LANZAS.

Mr. Castillo to Mr. McLane.
[Translation.]

MEXICAN LEGATION,
Philadelphia, December 2, 1833.

The undersigned, chargé d'affaires of the Mexican republic, has the
honor of communicating to the Secretary of State the following note, which
he has received from his Government:

“The Supreme Government, with a view to carrying into effect the
third article of the treaty of limits between the Mexican and the United
States, has appointed Lieutenant Colonel Don Tomas Ramon del Moral
commissioner, and Don Castillo Navarro surveyor. And I give you this
information, in order that you may convey it to the Government near
which you are accredited, and, at the same time, may inquire whether such
officers have been appointed on its part for fixing the dividing line between
the two countries, and, if so, who they are.”

61

The undersigned hopes the Secretary of State will inform him whether
any persons have been appointed by his Government to act with those
named above in determining the said dividing line, and, if so, what are
their names.

The undersigned has the satisfaction of again presenting to the Secretary
of State the assurances of his distinguished satisfaction.

God and liberty.

J. M. DE CASTILLO Y LANZAS.

Mr. McLane to Mr. Castillo.

DEPARTMENT OF STATE,
Washington, December 31, 1833.

SIR:

Your letter of the 2d of this month, acquainting me that the Supreme
Government, with a view to carry into effect the third article of
the treaty of limits between Mexico and the United States, had appointed
Lieutenant Colonel Don Thomas Ramon del Moral commissioner, and
Don Castillo Navarro surveyor, was received at this Department on the
4th instant. I have delayed my answer, however, in the confident expectation,
confirmed by the assurance contained in your letter of the 22d July
last, that you would have earlier taken up your residence at the seat of
Government, in compliance with the wish of the President, which I had
the honor to communicate to you on the 13th of July.

As it appears by your letter of the 22d July, that you correctly interpreted
the nature of the President's request, I am bound to presume that
a compliance with it on your part has been prevented by sufficient and unavoidable
causes, although not made known to this Department, and notwithstanding
the reasons for your presence here, growing out of the important
and particular state of the relations between the two Governments.

Under this belief I address this letter to you at Philadelphia for the
purpose of inviting your attention particularly to the terms of the third
article of the convention of limits of the 5th day of April, 1831, and of
inquiring of you at what time the appointment of commissioners by your
Government was made.

I have the honor to be, with high consideration, your obedient servant,

LOUIS McLANE. Senor Don J. M. DE CASTILLO Y LANZAS,
Chargé d'Affaires of Mexico.

Mr. Castillo to Mr. McLane.—Extract.

LEGACION MEXICANA, FILADELFIA,
[Enero 9 de 1834]

Tocante al segundo punto, relativo al nombramiento del Coronel Don
Tomas Ramon del Moral para comisario, y de Don Castillo Navarro para
geometra, con el fin de llevar á efecto lo prevenido en el articulo tercero

62

Mr. Castillo to Mr. McLane.—Extract.
[Translation.]

MEXICAN LEGATION, PHILADELPHIA,
January 9, 1835.

As to the second subject treated in the note, respecting the appoinments
of Colonel Don Tomas Ramon del Moral as commissioner, and Don Castillo
Navarro as geometer, for carrying into execution the third article of
the treaty of limits between the United States and those of Mexico, the
undersigned cannot say at what date those appointments were made;
and can only declare that the despatch received by him, respecting the
same, bore date the 25th of last September. The causes which have produced
the delay beyond the period fixed in the above-mentioned article are
well known; still the undersigned must be permitted to say, for the credit of
the present Mexican administration, that, in the midst of the political storms
of civil war, of terrible battles with its enemies, and of difficulties ensuing
thereon, despite all this, it has directed its attention to this important business,
giving proof in this, as well as other laudible acts, of its desire to
draw still more closely the bonds of friendship and harmony now existing
between the two countries.

Mr. Castillo to Mr. McLane.

LEGACION MEXICANA,
Washington, Mayo 26 de 1854.

El infrascrito, encargado de negocios de los Estados Unidos Mexicanos,
tiene el honor de comunicar al honorable Sōr Louis McLane, Secretario
de Estado de estos Estados Unidos, que ha recibido orden de su Gobiernode

63

Este espediente dirigido á remediar oportunamente la falta inevitable
que ha habido en el cumplimiento del mencionado tratado, es el mas
uncillo; y conforme ademas al que el Sr. McLane se sirve indicar verbalmente
al infrascrito como el mas conveniente en conferencia amistosa
sobre la materia.

El infrascrito espera que el Sr. McLane tendrá á bien instruir le de la
resolucion de este supremo Gobierno sobre la referida medida que se propone,
y cuidara por su parte de participar al mismo asi debido tiempo
haber recibido al pleno poder de que ha hecho mencion; y entretanto tiene
el honor de reproducir al Sr. McLane las seguridades de su muy distinguida
consideracion.

J. M. DE CASTILLO Y LANZAS. Al Honorable Sr. LOUIS McLANE, &a.

Mr. Castillo to Mr. McLane.
[Translation.]

MEXICAN LEGATION,
Washington, May 26, 1834.

The undersigned, chargé d'affaires of the United Mexican States, has
the honor to inform the Hon. L. McLane, Secretary of these United
States, that he has received orders from his Government to state that it
has no motive for altering the terms of the treaty of limits between the
two republics in any respect; that this treaty, having been formally published,
has the force of law, nothing remaining but that the respective
commissioners should proceed in laying down the line of division; that,
indeed, the serious difficulties with which the Mexican Government has
lately had to contend has hitherto prevented this demarcation from being
made; but that these circumstances should not, in any way, affect the
results of the negotiation concluded; the more so, as the commissioners

64

Such an expedient for remedying the delay in the execution of the said
treaty, which has been caused by inevitable circumstances, is certainly
the most rational; besides which, it conforms with what Mr. McLane was
pleased to say verbally to the undersigned in a friendly conference on the
subject.

The undersigned hopes Mr. McLane will let him know the intentions
of this Government with respect to this business; and he will, on his own
part, inform the Secretary of State, as soon as he shall have received the
full powers referred to above. Mean while he has the honor to repeat to
Mr. McLane the assurances of his most distinguished consideration.

J. M. CASTILLO Y LANZAS. To the Hon. LOUIS MCLANE,
Secretary of State.

The Minister of Foreign Affairs of Mexico to the Secretary of State
of the United States.

PALACIO DEL GOBIERNO FEDERAL,
Mexico, Octubre 21 de 1834.

El infrascrito, Secretario de Estado y del Despacho de Relaciones de los
E. U. Mexicanos, tiene el honor de dirigirse al Sor. Secretario de Estado de
igual departamento en los E. U. de America, manifestandole que si bien
las circunstancias politicas en que se há hallado estas republica, han
impedido que por parte de su Gobierno tubiese electo la reunion en
Natchitoches de los comisarios y geometras de las dos naciones, para los
efectos ú que se contra el articulo's° del tratado de limites concluido entre las
mismas en el año de 1832, y en el termino que en el se designa, sus
deseos no han sido otros que los de contribuir á que esta importante
negociacion se concluyese cuantoantes fuese posible; y á esteefecto nombra
oportunamente á los individuos que por su parte debian concurrir á la
designacion de los limites respectivos, lo que no llego á tener efecto, por la
dimision que hicieron de esta comision.

Asi pues S. E. el Presidente há nombrado ya otras sugetas que á la
mayor brevedad se hallaran en Natchitoches; pero para que puedan
proceder á sus trabajos en union de los que nombre ese Gobierno ha
investido con plenos poderes al Sor. Don Joaquin M. del Castillo y Lanzas
á efecto de que promueva y fije como corresponde un nuevo plazo para que
tenja efecto la reunion de que se habla en el articulo 3° del tradado de 1832,
en virtud de haber transcurrido el de un año que en else señalado. Y S. E.

65

El infrascrito aprovecha esta oportunidad para tributar al Sr. Secretario
de Relaciones, con quien habla las protestas de la mas distinguida consideracion
con que se subscribe

Su muy obediente servidor,
FRANCISCO M. LOMBARDO. Al Exmo. Sr. SECRETARIO DE ESTADO, &a.

The Minister of Foreign Affairs of Mexico to the Secretary of State
of the United States.
[Translation.]

PALACE OF THE FEDERAL GOVERNMENT,
Mexico, October 21, 1834.

The undersigned, Secretary of State and of Relations of the United
Mexican States, has the honor to address the Secretary of State of the
United States of America, informing him that although the political circumstances
in which this republic is placed have prevented its Government
from providing for the meeting at Natcbitoches of the commissioners
and surveyors of the two nations, according to the terms of the
third article of the treaty of limits, concluded in the year 1832, within
the period there stated, yet it has constantly desired to have this important
affair terminated as soon as possible; and, indeed, to that effect it
did appoint persons on its part to proceed to the said designation of limits,
which could not, however, take place on account of the dismissal of the
individuals chosen. His excellency the President has since appointed
other persons, who will go without delay to Natchitoches; but in order
that they may proceed in union with those of the United States, he has
given full power to Don J. M. del Castillo y Lanzas to fix upon a new
period for the meeting arranged by the 3d article of the treaty of 1832,
as the year therein mentioned has passed. And his excellency, not doubting
that the Supreme Government at Washington will have no difficulty
in agreeing to this proposition, has directed the undersigned to address
the present communication to the honorable Secretary of State of the
United States, and to request him to use his influence for the attainment of
this important object, which would contribute so essentially to strengthen
the relations of amity and good will now subsisting between the two
nations.

The undersigned embraces this opportunity to assure the Secretary of
State of the United States of his most distinguished consideration.

FRANCISCO DE LOMBARDO.

66

Mr. Castillo to Mr. Forsyth.

LEGACION MEXICANA,
Filadelfia, Dicembre 4 de 1834.

El infrascrito, encargado de negocios de los Estados Unidos Mexicanos,
tiene el honor de comunicar al honorable Sr. Forsyth, Secretario
de Estado en estos Estados Unidos, que en el mes de Mayo del presente
año, á consequencia de lo convenido en la ultima entrevista con su antecesor
el Sr. Louis McLane, en relation al tratado de limites pendiente entre
ambos paises, tuvo el gusto de dirigir á dicho Sr. McLane en 26 del mismo
mes, una nota á la cual se toma la confianza de referir al Sr. Forsyth; debiendo
advertir al mismo tiempo que yá por las prèferentes atenciones de
este Gobierno en aquellos dias y ya posteriamente, por la ausencia de la
mayor parte de sus individuos no se ha dirigido hasta la fecha á esta
legacion la respuesta que esperaba segun se le hube de prometer verbalmente.

Consequente al expediente de que habla la referida nota, per el cual opina
el Gobierno Mexicano y que es conforme ademas (segun se dea en la
misma) con lo que el Sr. McLane se servió indicar de palabra al infrascrito;
y consequente tambien á, lo que este ofrecio en aquel entonces tiene
ahora el honor de participar al Sr. Forsyth que ha recibido ultimamente
el pleno poder que a guardaba de su Gobierno, á fin de proceder á la
negociacion de un articulo adicional al precitado tratado.

Una ligera indisposicion impide al infrascrito de pasar tan luego como
quisiera a esa ciudad federal, para tener la satisfaccion de entregar
personalmente al Sr. Forsyth la carta que para él se ha servido remitirle
su Gobierno, al acompañar el referido pleno poder, y para presentar este
instrumento, mediante el cual no duda se logrará allanar la única dificultad
existente ahora para el arreglo definitivo de los limites entre ambas
republicas.

Respecto de los comisionados, al efecto el infrascrito debe noticiar al
Sr. Forsyth que a consequencia de haber hecho dimision de sus destinos los
que fueron nombrados anteriormente, y de los que el infrascrito tuvo el
honor de dar conocimiento á este Gobierno en su nota de 2 de este mes del
año proximo pasado, el Supremo de Mexico ha tenido á bien nombrar en
reemplazo de aquellos al Sr. Coronel Don Juan Nepomuceno Almonte para
comisario, y al Teniente Coronel Don Pedro Garcia Conde para geometra.

El infrascrito espera que el Sr. Forsyth tendrá á bien participar el contenido
de esta nota á S. E. el Presidente de los Estados Unidos, é instruir
de lo queen vista de ella acordáre S. E. al mismo infrascrito, á fin de que
aprovechando el conducto del paquete que está proximo á salir con direccion
á Vera Cruz pueda informar á su Gobierno de todo lo conveniente
sobre la materia.

Entretanto el infrascrito tiene el honor de reiterar al Sr. Forsyth las
protestas seguridades de su muy distinguida consideracion.

J. M. DE CASTILLO Y LANZAS. The Hon. Sr. J. FORSYTH.

67

Mr. Castillo to Mr. Forsyth.
[Translation.]

MEXICAN LEGATION,
Philadelphia, December 4, 1834.

The undersigned, chargé d'affaires of the United Mexican States, has
the honor to communicate to the Hon. John Forsyth, Secretary of State
of these United States, that in the month of May last, in consequence of
what was agreed to between himself and the Hon. Louis McLane, at an
interview relative to the treaty of limits now pending between the two
countries, he had the pleasure to address a note to Mr. McLane, to which
he now takes the liberty to refer Mr. Forsyth; it is dated the 26th May,
1834. He must however observe that on account of the pressing concerns
of his Government at that time, and from the absence of most of its members
more latterly, the answer which he expected and which had been verbally
promised him, has not till this date reached this legation.

In consequence of the despatch mentioned in said note, by which the
Mexican Government expresses its opinion, and which is moreover conformable
(as declared in it) with the verbal notice given by Mr. McLané;
and in consequence of the offer made at that time by him, he has the honor
to inform Mr. Forsyth that he has lately received the full power which he
expected from his Government, to proceed to the negotiation of an additional
article of the said treaty.

A slight indisposition prevents the undersigned from going to the Federal
city as soon as he could wish, in order to deliver to the Hon. John Forsyth
in person that which his Government has sent for him, together with
the said full power, and to present this document, by means of which he
doubts not that he shall he able to destroy the only difficulty now existing
against the definitive settlement of the limits between the two countries.

As to the commissioners, the undersigned must inform the Hon. John
Forsyth that the persons who were formerly appointed, and of whom the
undersigned had the honor to notify this Government in his note of the 2d
of December, 1833, having resigned their affices, the Supreme Government
of Mexico has appointed in their places Colonel Don Juan Nepomuceno
Almonte as commissioner, and Lieutenant Colonel Don Pedro Garcia
Conde as mathematician.

The undersigned hopes the Hon. John Forsyth will submit this letter
to the President of the United States, and inform the undersigned of his
excellency's determination with regard to it, in order that he may take
advantage of the packet which is now nearly ready to sail for Vera Cruz,
to inform his Government on the subject.

The undersigned, mean while, &c.

J. M. CASTILLO Y LANZAS. Ho. JOHN FORSYTH.

Mr. Forsyth to Mr. Castillo.

DEPARTMENT OF STATE,
Washington, December 11, 1834.

The undersigned, Secretary of State of the United States, has the honor
to acknowledge the receipt of the note of Mr. Castillo, chargé d'affaires
of Mexico, dated the 4th instant.

68

In reply, the undersigned has the honor to inform Mr. Castillo that it
is apparent from the contents of his note, there has been a misapprehension
on the subject. The undersigned has therefore now the honor to acquaint
Mr. Castillo that on the 13th of January last, Mr. Butler, the
chargé d'affaires of the United States at Mexico, was empowered and instructed
to negotiate a second additional article to the treaty of limits between
the two countries, for the purpose of extending the time originally
fixed for the meeting of the commissioners and surveyors. Mexico was
preferred as the seat of the negotiation, because it was deemed desirable
to obtain the ratification of the Mexican Government to the article before
forwarding it for ratification by this Government. Owing to accident, how
ever, the instruction and power adverted to were not received by Mr. Butler
until the first of July last, at which time the Mexican Congress was not in
session. It is understood that it will meet again on the first of January
next. Mr. Castillo will perceive that, as arrangements have been made
by this Government for the negotiation of the additional article at Mexico,
and there is reason to conclude that progress has been made, it is inexpedient
and unnecessary to enter upon one here for the same object.

The undersigned has the honor to renew to Mr. Castillo the assurances
of his most distinguished consideration.

JOHN FORSYTH. Sōr Don J. M. DE CASTILLO Y LANZAS,
Chargé d'Affaires of Mexico.

Mr. Castillo to Mr. Forsyth.

LEGACION MEXICANA, Filadelfia, Diciembre 15, 1834.

El infrascrito, encargado de negocios de los Estados Unidos Mexicanos,
tiene el honor de acusar recibo de la nota del honorable Secretario de Estado,
Señor Juan Forsyth, de 11 del presente mes en contestacion a la suya de
4 del mismo, y en vista de ella pasa á hacer algunas observaciones con el
objeto de ilustrar mas la materia en cuestion, y cumplir con loque de el
ecsigen los intereses de su patria ya que por causas lamentables que no es
del caso repetir ahora tuvieron que desatenderse en los ultimos años que
han precedido.

Por la nota del infrascrito al Sr. Louis McLane, escrita en esa ciudad
á 26 de Mayo ultimo, y á la cual ha tenido el honor de llamar la atencion
del Sr. Forsyth, es constanté que el Gobierno Mexicano habra juzgado
oportuno, desde principios del año que está para finar que se proroga se el
termino para la reunion de las comisionadas de una y otra parte encargadas
de demarcar la linea divisoria entre ambas republicas, sin hacer al mismo
tiempo variacion alguna en el tratado relativo, por cuanto este rige como
ley; medida en que estaba conforme el Gobierno de estos Estados Unidos
y que de consiguiente no podia presentar tropiezo.

En la misma nota citada, participaba tambien el infrascrito á dicho Sr.
McLane, que su Gobierno le ofrecia remittir le pronto el pleno poder necesario
para llevar á efecto aquella; y que tan luego como recibiera ese
instrumento, lo pondria en conocimiento de este Gobierno para los fines
necesarios: asi lo livro habiendo sido ese el objeto de su nota de 4 del corriente
al Sr. Forsyth.

69

Por la contestacion con que ha sido honrado el infrascrito, se deduce que
el Sr. Forsyth considera que ha habido alguna falta de inteligencia sobre
el asunto fundandose esta opinion en que habiendose remitido los poderes y
las instrncciones convenientes al Sr. Butler, encargado de negocios de
los Estados Unidos en Mexico, para negociar el 2° articulo adicional el
tratado de limites, y que debiendo diducirse que se liabrá hubo yá algun
progreso en esa negociacion en aquel pais, no puede ser necesario ni oportuno
entrar en ella aqui sobre el mismo asunto.

Pues ahora bien, no puede el infrascrito comprender como es que habiendo
sido la mente de su Gobierno, desde principios del presente año, como ha
dicho ya que la referida negociacion se promoviese por él en este pais,
admitirse, sin embargo, sin observacion alguna, en época mas avansada los
poderes que al mismo fin fuéron vermitidos al Sr. Butler por este Gobierno.
Y suponiendo que, en efecto, los hubiera admitido en el mes de Julio segun
se sirve decir el Sr. Forsyth parece sumamente extraordinario que despues
de esa en 21 de Octubre ultimo, es decir cerca de cuatro meses mas
tarde, se le hubiese ocurrido remitir al infrascrito el poder y las instrucclones
precisas que ha recibido en estos dias, confiando no solo en que sena
admitido aquel de luego á luego, sino que además tendria á bien el Sr.
Secretario de Estado influir por su parte para la consecucion del fin á que
dicho instrumento se dirige; y con esta mira ha tenido á bien el Sr. Ministro
de Relaciones de Mexico adjuntar una nota al infrascrito, para el Sr.
Secretario de Estado, segun ha dejado manifestado aquel en su nota yá citada
de 4 del corriente, agregando que tendria la satisfaccion de ponerla personalmente
en mano del Sr. Forsyth, en cuanto se hubiera requesto de una
ligera indisposicion de que adolecia, y de la cual espera estar libre en
breves dias.

En resumidas cuentas, el Gobierno Mexicano, en su comunicacion ultima
al infrascrito, de 21 de Octubre, de este año, ni mencion han de que el
Sr. Butler, le haya presentado poder alguno, ó avisadole siquiera del recibo
de semijante instrumento, para entablar negociacion alguna sobre el
articulo adicional al tratado de limites, y esto en opinion del que subscribe,
parea mostrar cuando menos que aquel Gobierno ha preferido siempre se
iniciase en este pais la referida negociacion; pues ciertamente si, como
sorpecha el Sr. Forsyth, se hubiera entrado ya en ella por parte del Sr.
Butler, habria sido del todo escusado, (y el Gobierno Mexicano asi lo consideraria
sin duda,) que se entablase tambien con este Gobierno, y en tal
caso extarian por demas las instrucciones y el poder que el infrascrito ha
recibido.

En que pues dirase que puede consister la falta de inteligencia en este
asunto? Ella en todo cuento parea trivial, considerado la importancia del
negocio, cuya resolucion final debe contribuir en gran manera á estrachar
las relaciones de amistad y buena armonia que ecsisten entre las dos
republicas.

En virtud de esta ultima consideracion, y por cuanto parece bastante
palpable que nada se ha hecho liasto ahora en Mexico en la negociacion del
mencionada articulo; atendiendo además á que de no entrar en ella ahora
se perdera largo tiempo, siendo como es pruisa la concurrcncia del Legislativo
en el asunto, y que los sesiones del actual Congreso en Washington
deben terminar á principios de Marzo, y las de las Camaras en Mexico á
mediados de Abril, no dejando asi el tiempo necesario para que sc achara
la falta de inteligencia que advierte el Sr. Forsyth, y se concluya con la

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El infrascrito confia en que vista de la declaracion que precede, este Gobierno
no hallará inconveniente en conformarse con los deseos que manifesta
á nombre del suyo; y abundando en esta esperanza, tiene el honor de
reproducir al Sr. Forsyth las protestas de su mas distinguida consideracion.

J. M. DE CASTILLO Y LANZAS.

Mr. Castello to Mr. Forsyth.
[Translation.]

MEXICAN LEGATION,
Philadelphia, December 15, 1834.

The undersigned, chargé d'affaires of the United Mexican States, has
the honor to acknowledge the receipt of the note of the honorable Secretary
of State, Mr. Forsyth, dated the 11th, in answer to his of the 4th instant,
and he proceeds to make some observations thereupon, for the purpose of
further illustrating the matter in controversy, and to fulfil what may be
required in relation thereto by the interests of his country, which, owing to
lamentable causes, to which it is unnecessary now to advert, have been
disregarded for the few last years.

It appears by the note which the undersigned addressed to Mr. Louis
McLane from this city on the 26th of May last, to which he has had the honor
to invite the attention of Mr. Forsyth, that the Mexican Government had
deemed it expedient, from the beginning of the year now about to end, that
the time fixed for the meeting of the commissioners of both parties charged
with tracing the boundary line between the two republics should be prolonged,
but that no change should be made in the treaty upon the subject,
inasmuch as that had the force of law, was a measure to which the Government
of the United States had acceded, and to which it consequently
ought not to oppose any hindrance.

The undersigned also acquainted Mr. McLane, in the aforesaid note,
that his Government promised to send him soon the power necessary to
carry into effect that object, and that, as soon as he should receive it, he
would communicate it to this Government for the necessary purposes, as
he has done, that having been the object of his note to Mr. Forsyth of the
4th instant.

It is inferred from the answer with which the undersigned has been honored,
that Mr. Forsyth considers there has been some misapprehension on
the subject; because the necessary powers and instructions having been

71

Now, the undersigned cannot comprehend how it is, that, as he has already
said, the purpose of his Government having been, from the beginning
of this year, to carry on the negotiation in this country, the powers
and instructions sent by this Government to Mr. Butler for the same object
should, nevertheless, be received at a more advanced period, without
any remark. And, even supposing that they were, in fact, received in the
month of July, as Mr. Forsyth has been pleased to say, it seems to be in
the highest degree extraordinary that, subsequently to this, on the 21st of
October last, that is to say, nearly four months later, the positive powers
and instructions which the undersigned has received within a few days,
should have been forwarded to him under the belief that they would not
only be promptly recognised by this Government, but that the Secretary
of State would see fit to take measures, on his part, to carry into effect the
object of the said instrument. With this view, the Minister of Foreign
Relations of Mexico has thought proper to enclose a note to the undersigned
for the Secretary of State, as has already been stated in the note of the undersigned
of the 4th instant, which added that he would have the satisfaction
to deliver it in person to Mr. Forsyth so soon as he should have recovered
from a slight indisposition with which he was afflicted, and from
which he hoped to be free in a few days.

The Mexican Government, in its last communication to the undersigned
of the 21st of October of this year, neither mentions that Mr. Butler had
presented any power, nor that he had apprized it that he had received such
an instrument for the purpose of setting on foot any negotiation upon the
subject of an additional article to the treaty of limits; and this in the
opinion of the undersigned, shows still more clearly that that Government
has constantly preferred that the negotiation in question should be begun in
this country. Certainly, then, if, as Mr. Forsyth suspects, the negotiation
had already been entered upon with Mr. Butler, there would have been no
need of also beginning a negotiation with this Government, (and the Mexican
Government would no doubt have so thought;) and, in that event, the
instructions and power which the undersigned has received would have
been superfluous.

In what then can the misapprehension be said to consist? At all events,
it appears to be trivial, considering the importance of the business, the
final conclusion of which would so greatly contribute to strengthen the
relations of friendship and good understanding which exist between the
two republics.

In virtue of the last consideration, and inasmuch as it seems palpable
enough that no progress has yet been made in the negotiation at Mexico
of the article in question, and considering besides, if it be not entered
upon now, much time will be lost, the concurrence of the Legislature upon
the subject being necessary, and as the present session of Congress, at
Washington, will end about the beginning of March, and that of the
Chambers at Mexico about the middle of April, no time will thereforé be
left to correct the misapprehension to which Mr. Forsyth refers, or to

72

The undersigned, therefore, can do no less than flatter himself, that in
pursuance of the just wish of his Government, and for the purpose of ending
an affair which has already been much retarded, the Government of
the United States will see proper to allow him to present the full power,
which, as has been said, he has received for that object, and will allow the
negotiation of the second additional article to be entered upon, which both
Governments have deemed it necessary should be added to the treaty of
limits, in order that the terms of the article being agreed upon here, and
the article ratified with the greatest promptitude at Mexico, the commissioners
of both countries may proceed to the demarcation of the boundary,
in pursuance of the plan newly stipulated for.

The undersigned trusts that, upon considering the preceding declaration,
this Government will not find it inconvenient to comply with the desire he
has manifested in the name of his Government; and cherishing this hope,
he has honor to renew to Mr. Forsyth the assurances of his most distinguished
consideration.

J. M. DE CASTILLO YLANZAS.

Mr. Forsyth to Mr. Castillo.

DEPARTMENT OF STATE,
Washington, January 9, 1835.

The undersigned, Secretary of State of the United States, has had the
honor to receive the note addressed to him by Mr. Castillo, chargé
d'affaires of the United Mexican States, under date of the 15th ultimo.

Mr. Castillo has already been informed of the wish of the Government
of the United States to negotiate at Mexico, for the conclusion
of a supplemental article to the treaty of limits; and as the delay which
rendered such a negotiation necessary has been caused, though unintentionally,
by the Mexican Government, its acquiescence in this course cannot
be doubted. A short time, however, may be expected to bring the
result of the overture which Mr. Butler was instructed to make, and the
undersigned will then have the honor of a further communication with Mr.
Castillo on the subject.

The underigned avails himself of the occasion to renew to Mr. Castillo
the assurances of his high consideration.

JOHN FORSYTH. Sr. Don J. M. DE CASTILLO, &c.

Mr. Castillo to Mr. Forsyth.

LEGACION MEXICANA,
Washington City, Enero 12 de 1835.

El infrascrito, encargado de negocios de los Estados Unidos Mexicanos,
ha tenido el honor de recibir la nota del honorable Sr. Juan Forsyth,

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Que el Gobierno Mexicano, á consequencia de las funestas disensiones
civiles con que ha sido convulsado aquel pais, se hubiere visto impedido,
sin poderlo remediar, de atender en los años pasados al nombramiento de
los comisionados que debian proceder, en union con los nombrados por
parte del Gobierno de los Estados Unidos, á la demarcacion de limites, es
innegable; y, por tanto, es cierto que la demora que ha hecho necesaria aquella
negociacion, (del 2° articulo adicional,) ha sido causada, aunque sin intencion,
por el Gobierno Mexicano. Mas no es posible conceder que de
ahi se siga la indudable aquiescencia del mismo Gobierno que se ha servido
indicar el Sr. Forsyth.

En nota de 26 de Mayo último, tuvo la satisfaccion el infrascrito de
manifestar al Sr. Louis McLane, entonces Secretario de Estado, que su
Gobiernó, considerando necesario aquel 2° articulo adicional, le remitiria
con oportunidad el pleno poder requisito para entablar su negociacion.
Pero el Sr. Butler, encargado de negocios de los Estados Unidos en Mexico,
no recibió de su Gobierno el poder que este tuvo á bien remitirle, segun
la nota del Sr. Forsyth del 11 de Diciembre último, hasta el 1° de Julio
siguiente. Tuvo, pues, evidentemente mas de un mes de anterioridad
aquella manifestacion á este recibo; y como dos meses la orden respectiva
estendida en Mexico y remitida por aquel Gobierno al infrascrito.

Por consiguiente, aun suponiendo que el Sr. Butler, en el acto de recibir
su mencionado poder, lo hubiese participado al Gobierno de Mexico, nada
hubiera podido yá entonces adelantar; porque es claro que ese Gobierno
le habria puesto de manifiesto la inoportunidad de comenzar alli una negociacion
para cuya ejecucion en este pais habia dado los pasos necesarios.
Este razonamiento parece a todas luces claro y convinciente.

Pero hay mas juzgando por el tenor de las posteriores comunicaciones
que el infrascrito ha recibido de su Gobierno, y que alcanzan al 26 de
Noviembre ultimo, hasta aquella fecha no habia dado aun el Sr. Butler
noticia al Gobierno de Mexico de hallarse en posesion de tal poder. Con
cuanta mas razon insisteria pues dicho Gobierno, ahora, en que se lleve
adelante aqui la negociacion!

En vista de todo, el infrascrito considera que no puede esperarse aqui
dentro de breve, como se promete acaso el Sr. Forsyth el resultado: sino
qui antes bien debe temerse que quidara nuevamente deferida una negociacion
que por su naturaleza, por su importancia, por sus ultiriores efectos
convendria fuese terminada a la mayor posible brevedad. De esa dilacion
el Gobierno Mexicano no podra ser tachado, jamás, como culpable. El
ha mostrado el mas vivo interés en la pronta conclusion de ese negocio por
considerarla favorable para entrambas republicas, y conducente á la conservacion
de la buena armonia que entre ellas reina; y el infrascrito ha
manifestado las fundadas razones que militan en sosten de que la negociacion

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El infrascrito tiene el honor de reproducir al Sr. Forsyth las protestas
de su mas distinguida consideracion,

J. M. DE CASTILLO Y LANZAS.

Mr. Castillo to Mr. Forsyth.
[Translation.]

MEXICAN LEGATION,
Washington, January 12, 1835.

The undersigned, chargé d'affaires of the United Mexican States, had
the honor to receive a note from the Secretary of State, dated the 9th instant,
which presents materials for new considerations. The undersigned
cannot, conformably with his duty, neglect to communicate them to the
honorable J. Forsyth, in addition to those already submitted in his former
note of the 15th ultimo, to which, although the Secretary of State has not
thought proper to reply, he yet hopes have merited his attention, and will
ensure an opportunity of discussing, during the present session of Congress,
the second additional article of the treaty of limits.

It is not to be denied that the Mexican Government, in consequence of
the fatal civil dissensions which have convulsed that country, has been unavoidably
prevented from attending to the appointment of commissioners, to
proceed jointly with those of the United States to the adjustment of the
limits; and it is equally certain that the delay which has rendered this negotiation
(of the second article) necessary, has been caused, though unintentionally,
by the Mexican Government: but it cannot be granted, as a
consequence from this, that the Mexican Government without doubt acquiesces,
as Mr. Forsyth considers.

The undersigned, in his note of the 26th of May last, had the satisfaction
to express to Mr. McLane, then Secretary of State, that his Government,
considering this second additional article necessary, would send him,
when an opportunity offered, a full power to enter upon this negotiation.
But Mr. Butler, the chargé d'affaires of the United States in Mexico, did
not receive from his Government the power which it thought proper to
transmit to him, according to Mr. Forsyth's note of the 11th of December
last, until the 1st of July. This communication, therefore, was made more
than a month before the receipt last mentioned; and the order was made
out in Mexico and sent to the undersigned two months previous. Consequently,
even supposing that Mr. Butler had, immediately on receiving his
full power, communicated it to the Mexican Government, nothing could
have been done in prosecution of the affair then; as it is clear that the
(Mexican) Government would have declared to him the impropriety of beginning
a negotiation there for the carrying on of which in this country it
had taken the necessary steps.

This reasoning appears in every point of view clear and convincing.
But, moreover, from the tenor of the communications lately received from
his Government, which come down to the 26th of November, Mr. Butler

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Upon the whole, the undersigned considers that a result cannot be expected
here in as short a time as the honorable J. Forsyth perhaps supposes;
and that it is to be feared that a negotiation may yet be delayed
which is so important from its very nature, and which, from the ulterior
effects, should be terminated as soon as possible. For this delay no blame
can be attached to the Mexican Government: it has shown the most lively
interest in a prompt conclusion of the affair, considering it favorable for
both republics, and likely to conduce to the preservation of harmony between
them; and the undersigned has given good reasons for the prosecution
of the negotiation immediately in this country, conforming with the
instructions received from his Government on the subject.
The undersigned renews to the honorable J. Forsyth, &c.

J. M. DE CASTILLO Y LANZAS. To the Hon. JOHN FORSYTH,
Secretary of State.

Mr. Castillo to Mr. Forsyth.

LEGACION MEXICANA,
Filadelfia, April 29 de 1835.

El infrascrito, encargado de negocios de los Estados Unidos Mexicanos,
cumpliendo gustosamente con la prevencion que al efecto le ha hecho
su Gobierno, tiene el honor de participar al honorable Sōr Juan Forsyth,
Secretario de Estado de los Estados Unidos, que el Presidente de los Estados
Unidos Mexicanos deseoso de que á la mayor brevedad se facilite la
reunion de los comisionados que por parte de aquel Gobierno y por la
de estos Estados, han de fijar la linea divisioria entre ambas republicas, y
en virtud de la autorizacion conferida al Sōr Butler, encargado de negocios
de esta en aquella, para dicha negociacion, ha tenido á bien revestir
con plenos poderes para el mismo objeto á los Secretarios de Estado y de
Hacienda de aquellos Estados, retirando al mismo tiempo al que subscribe
el pleno poder é instrucciones que se le conferieron para que promoviese
la mencionada negociacion.

Con este motivo, el infrascrito tiene el honor de renovar al Sōr Juan Forsyth
las protestas de su muy distinguida consideracion.

J. M. DE CASTILLO Y LANZAS.

Mr. Castillo to Mr. Forsyth.
[Translation.]

MEXICAN LEGATION,
Philadelphia, April 29, 1835.

The undersigned, chargé d'affaires of the United Mexican States, complying
willingly with the instructions on the subject received from his

76

The undersigned has the honor to renew to Mr. John Forsyth the assurances
of his very distinguished consideration.

J. M. DE CASTILLO Y LANZAS.

Mr. Dickins to Mr. Castillo.

DEPARTMENT OF STATE,
Washington, May 11, 1835.

The undersigned, acting Secretary of State of the United States, has
the honor to acknowledge the receipt of the note of Mr. Castillo, chargé
d'affaires of the United Mexican States, dated the 29th ultimo, announcing
the withdrawal by his Government of the power with which he had been
invested to negotiate a second supplementary article to the treaty of limits
between the two countries. This announcement of course renders unnecessary
a reply on the part of this Department to Mr. Castillo's note of
the 12th of January last.

The undersigned has the honor to tender to Mr. Castillo the assurances
of his high consideration.

ASBURY DICKINS. Señor Don J. M. CASTILLO Y LANZAS, &c.

Mr. Castillo to Mr. Dickins.

LEGACION MEXICANA,
Filadelfia, Junio 2 de 1835.

El infrascrito, encargado de negoclos de los Estados Unidos Mexicanos,
cumpliendo con la orden que ha recibido de su Gobierno, tiene el
honor de participar al honorable Sōr Asbury Dickins, Secretario de Estado
interino de los Estados Unidos, que habiendose procedido en Mexico
con las formalidades necesarias á la celebracion del articulo adicional al
tratado de limites entre una y otra republica, con el fin de ampliar por él
el termino dentro del cual deben reunirse los comisionados de las dos naciones
que han de sañalar la linea divisoria, y que habiendose sometido el
articulo en que se convino nuevamente por los respectivos representantes
de una y otra parte, debidamente autorizados, al ecsamen del Congreso
General de aquollas Estados, ha merecido la aprobacion de él. El tenor
del citado articulo consta por la copia de el que cubre la presente nota.

77

Al transmitirla a ese Departamento de Estado, para que llegue su contenido
al conocimiento de S. E. el Presidente de los Estados Unidos, el
infrascrito tiene la satisfaccion de renovarle al Sōr Dickins las seguridades
de su muy distinguida consideracion.

J. M. DE CASTILLO Y LANZAS. Honorable Sr. ASBURY DICKINS, &c.

Mr. Castillo to Mr. Dickins.
[Translation.]

MEXICAN LEGATION,
Philadelphia, June 2, 1835.

The undersigned, chargé d'affaires of the United Mexican States, in
fulfilment of an order of his Government, has the honor to inform the honorable
Mr. Asbury Dickins, Secretary of State of the United States ad
interim, that the necessary formalities having been entered into at Mexico
for the conclusion of the additional article to the treaty of limits between
the two republics, for the purpose of extending the time for the meeting of
the commissioners of the two nations who are to trace the boundary, and
the article to which the representatives, duly authorized, of the respective
parties, again agreed, having been submitted to the General Congress of
those States, has deserved the approbation of that body. The tenor of the
article referred to is according to the copy herewith enclosed.

The undersigned avails himself of the occasion of transmitting it to the
Department of State, for the information of the President, to renew to Mr.
Dickins the assurances of his very distinguished consideration.

J. M. DE CASTILLO Y LANZAS. Honorable Mr. ASBURY DICKINS, &c.

COPIA.

Estados Unidos Mexicanos, Primera Secretaría de Estado, Departamento
del Exterior: Palacio Nacional de Mexico á 4 de Abril, de 1835. Habiendose
concluido y firmado, en la ciudad de Mexico, á los doce dias del mes
de Enero de 1828, un tratado entre los Estados Unidos Mexicanos, y los
Estados Unidos del Norte, con el fin de establecer una verdadera linea divisoria,
y los limites, entre las dos naciones; y habiendose estipulado en el
articulo 3°. del mencionado tratado lo siguiente: “Para fijar esta linea
con mas precision, y establecer los mojones que señalen con ecsactitud los
limites de ambas naciones, nombrara cada una de ellas un comisario y geometra
que se junterán antes del termino de un año contado desde la
fecha de la ratificacion de este tratado en Natchitoches, en las orillas del
rio Roso, y procederán á señalar y demarcar dicha linea desde la embocadura
del rio Sabina, hasta el rio Roso, y de este hasta el rio Arkansas, y
fijar segun gueda estipulado y convenido en este tratado la linea que debe
seguir desde el grado 42 de latitud hasta el mar Pacifico. Llevarán diarios,

78

Y habiendose cangeadolas ratificaciones del mencionado tratado en la
ciudad de Washington á los cinco dias del mes de Abril del año del Señor
de 1832; no habiendo podido las partes contratantes cumplir por varias
causas las estipulaciones convenidas en el mencionado articulo 3°. habiendo
espirado el termino dentro del cual debian ejecutarse; y deseando
ambas repúblicas, que el referido tratado tenga su mas puntual cumplimiento,
llenandose todas las formalidades necesarias; el Presidente interino
de los Estados Unidos Mexicanos ha revestido con sus plenos poderes
para este objeto á los Exmos. Señores Don José Maria Gutierra de
Estrada, Secretario de Estado y del Despacho de Relaciones Interiores y
Esterires, y Don José Mariano Blasco, Secretario de Estado y del Despacho
de Hacienda; y el Presidente de los Estados Unidos del Norte al honorable
Señor Antonio Butler, encargado de negocios de aquella republica en
Mexico; y los referidos plenipotenciarios desfines de haber cambiado sus
plenos poderes que se encontráron en buena y debida forma, han convenido
y convenien en el siguiente 2° articulo adicional.

Se proroga por el espacio de un año contado desde la fecha del cange
de las ratificaciones del presente articulo adicional, el termino que para el
nombramientó de los comisarios y geometras encargados por los Gobiernos
de Mexico y de Washington de fijar con mas precision la linea
divisoria, y establecer los limites de ambas naciones, estableció el articulo
3° del tratado de limites, concluido y formado en Mexico á los doce dias
del mes de Enero de 1828; y cuyas ratificaciones fueron cangeados en
la ciudad de Washington á los cinca dias del mes de Abril de 1832. El
presente segundo articulo adicional tendrá la misma fuerza y valor que
si se hubiera insertado palabra por palabra, en el tratado mencionado de
12 de Enero de 1828, y será aprobado y ratificado en los terminos que
establecer las constituciones de los referidos Estados.

En fe de cual, los dichos plenipotenciarios lo hémos firmado y sellado
con nuestros sellos respectivos.

Fecho en Mexico, á los tres dias del mes de Abril de mil ochocientos
trienta y cinca, decimo quinto de la independencia de los Estados Unidos
Mexicanos y quinquagesimo noveno de la de los Estados Unidos de America.

J. M. GUTIERREZ DE ESTRADA. A. BUTLER. JOSE MARIANO BLASCO. És copia, Mexico, Abril 4 de 1835. ORTIZ MONASTERIO.

[Translation.]

A treaty having been concluded and signed in the city of Mexico on
the 12th day of the month of January, 1828, between the United Mexican
States and the United States of the North, for the purpose of ertablishing
a true dividing line and the limits between the two nations, and it having
been stipulated in the third article of the said treaty as follows: “To fix

79

The term for the appointment of commissioners and surveyors charged by
the Governments of Mexico and Washington to settle with more precision
the boundary line, and to establish land-marks to designate with greater accuracy
the boundaries of the two nations, and which was prescribed by the
third article of the treaty of limits, concluded and formed at Mexico on the
12th day of the month of January, 1828, and the ratifications of which were
exchanged in the city of Washington on the 5th day of the month of April,
1832, shall be extended to the period of one year, to be reckoned from the
date of the exchange of the ratifications of the present additional article.
The present second additional article shall have the same force and effect
as if it had been inserted word for word in the aforesaid treaty of the 12th
of January, 1828, and shall be approved and ratified in the manner prescribed
by the constitutions of the respective States.

In faith of which the said plenipotentiaries have hereunto set their hands
and affixed their respective seals.

Done at Mexico the third day of the month of April, one thousand eight
hundred and thirty-five, the fifteenth of the independence of the United
Mexican States, and the fifty-ninth, of that of the United States of
America.

J. M. GUTIERREZ DE ESTRADA, A. BUTLER, JOSE MARIANO BLASCO.

80

Mr. Dickins to Mr. Castillo.

DEPARTMENT OF STATE,
Washington, June 4, 1835.

The undersigned, acting Secretary of State of the United States, has
the honor to acknowledge the receipt of the note of Mr. Castillo, chargé
d'affaires of the United Mexican States, dated the 2d instant, stating that
a second additional article to the treaty of limits had been agreed upon
by the negotiators at Mexico, had been submitted to the Mexican Congress,
and that he enclosed a copy of it for the information of the President.
The undersigned has the honor to state that the transcript referred
to was not received with Mr. Castillo's note, it having doubtless been left
out by accident. A copy of the article would be highly acceptable, as no
intelligence has yet been received from Mr. Butler of the conclusion of
the negotiation.

The undersigned has the honor to offer Mr. Castillo renewed assurances
of his distinguished consideration.

ASBURY DICKINS. Sōr Don J. M. DE CASTILLO Y LANZAS, &c.

Mr. Castillo to Mr. Dickins.

LEGACION MEXICANA,
Filadelfia, Junio 6 de 1835.

El infrascrito, encargado de negocios de los Estados Unidos Mexicanos,
tiene el honor de acusar recibo de la nota del Señor Asbury Dickins,
Secretario de Estado interino de los Estados Unidos, contestacion
á la suya de 2 del presente mes; y en vista de ella debe manifestar que
aunque, en efecto, no fue juantamente con aquella su comunicacion la copia
á que se referia del articulo adicional al tratado de limites entre ambas
republicas, habiendo sido remitido por separado al Departamento de
Estado, debe suponer que el Señor Dickins lo recibiria, ya que no lo
hubo recibido á su debido tiempo, poco despues. En obvio sin embargo
de cualquier casual estravio que pueda haber sufrido aquel pliego, el
infrascrito incluye ahora duplicado de la referida copia; y tiene, con tal
motivo, el honor de reproducir al Señor Dickins las seguridades de su muy
distinguida consideracion.

J. M. DE CASTILLO Y LANZAS.

Mr. Castillo to Mr. Dickins.
[Translation.]

MEXICAN LEGATION,
Philadelphia, June 6, 1835.

The undersigned, chargé d'affaires of the United Mexican States, has the
honor to acknowledge the receipt of the note of Mr. Asbury Dickins,

81

J. M. DE CASTILLO Y LANZAS

Mr. Castillo to Mr. Forsyth.

LEGACION MEXICANA,
Filadelfia, Julio 10 de 1835.

El infrascrito, encargado de negocios de los Estados Unidos Mexicanos,
tiene el honor de participar al honorable Sor. Juan Forsyth, Secretario de
Estado de los Estados Unidos de America, que con posteridad a sus notas
de 5 y 6 del mes proximo pasado ha Ilegado á sus manos otra comunicacion
del Gobierno de Mexico relativa al mismo asunto, es decir, al 2° articulo
adicional al tratado do limites entre ambas republicas, aprobado por
el legislativo de aquel pais, y ratificado por el Ejecutivo; y por ella, deseando
el espresado Gobierno que esa importante negociacion que de concluida
con la oportunidad posible, ha nombrado y autorizado competentemente
al infrascrito para que en calidad de plenipotenciario proceda á todo
lo que sea necesario al cange de las ratificaciones.

En tal virtud, el que subscribe espera que el Sor. Forsyth se servivá
manifestarle si se halla igualmente dispuesto á proceder al referido cange
de esas ratificaciones, haciendo que el efecto se practique lo necesario tan
luego como se hubiere reunido el Congreso de la Union en sus proximas
sesiones.

El infrascrito se aprovecha de esta ocasion para reproducir al Sor. Forsyth
las seguridades de su muy distinguida consideracion.

J. M. DE CASTILLO Y LANZAS. Hon. Sor. JUAN FORSYTH, &c.

Mr. Castillo to Mr. Forsyth.
[Translation.]

LEGATION OF MEXICO,
Philadelphia, July 10, 1835.

The undersigned, chargé d'affaires of the United States of Mexico, has
the honor to inform the Hon. J. Forsyth, Secretary of State of the United

82

In virtue of this, the undersigned hopes that Mr. Forsyth will be pleased
to inform him whether he is equally disposed to proceed to the change of
ratifications referred to, in such a manner that all which is necessary may
be done as soon as the Congress of this Union commences its next session.

The undersigned avails himself, &c.

J. M. CASTILLO Y LANZAS. To the Hon. J. FORSYTH,
Secretary of State.

Mr. Forsyth to Mr. Castillo.

DEPARTMENT OF STATE,
Washington, July 21, 1835.

The undersigned, Secretary of State of the United States, has the honor
to acknowledge the receipt of the note of Mr. Castillo, chargé d'affaires
of the United Mexican States, dated the 10th instant, stating that he had
been authorized to exchange the ratification by his Government of the
second additional article to the treaty of limits between the two countries,
and requesting to be informed as to the disposition of the undersigned to
proceed to the exchange of the ratification on the part of the United States.

Mr. Castillo is aware that, by the constitution of the United States, the
President is authorized to ratify a treaty, or to exchange his ratification
against that of a foreign Power, only with the advice and consent of the
Senate. When, therefore, the Senate shall have given its advice and consent
to the ratification of the second additional article to the treaty of
limits between the United States and the United Mexican States, Mr.
Castillo will be duly apprized.

The undersigned has the honor to tender to Mr. Castillo renewed assurances
of his distinguished consideration.

JOHN FORSYTH. Sor. Don J. M. CASTILLO Y LANZAS, &c.

Mr. Forsyth to Mr. Castillo.—Extract.

DEPARTMENT OF STATE,
Washington, February 1, 1836.

The undersigned has, however, further to acquaint Mr. Castillo that
the Senate has advised and consented to the ratification of the convention

83

The undersigned embraces the opportunity to offer Mr. Castillo renewed
assurances of his great consideration.

JOHN FORSYTH. Señor Don J. M. DE CASTILLO Y LANZAS, &c.

Mr. Gorostiza to Mr. Forsyth.

WASHINGTON, 28 de Marzo de 1836.

El infrascrito, enviado extraordinario y ministro plenipotenciario de la
republica Mexicana, tiene el honor de dirijirse al honorable Señor Juan
Forsyth, Secretario de Estado de estos Estados Unidos, para manifestarle
que tambien su Gobierno habia advertido ya la misma equivocation que
advirtio el Sōr Forsyth en la redaccion de los dos textos del segundo articulo
adicional al tratado de 12 de Enero de 1828, según le indicó desde
luego al Sōr Castillo, encargado de negocios de Mexico; y que de consiguiente
tambien habia visto aquel la misma necesidád de rectificár aquella
equivocation si se queria que la estipulacion de que se trata respondiera al
unico objeto que se debieron proponer sus negociadores, y que se propusieron
realmente.

El infrascripto recibío por lo tanto de su Gobierno antes de déjar á Mexico
instrucciones al efecto, y la correspondiente suficiente autorization
para negociar y firmar cualquiera especie de transaccion que aclare el verladero
objeto del referido segundo articulo adicionál de 3 de Abril ultimo,
siempre que el Gobierno Americano nombre y autorize igualmente otro
plenipotenciario, con el propio fin y siempre que se logre hallár por ellos
algún medio de dár á la transaccíon indicada la misma fuerza y valór que
adquirirá dicho articulo adicionál cuando se cangeen sus respectivas ratificaciones,
y por la doble sancíon legislativa que previamente ha merecido.

De ahí que el infrascrito deséa conocér la opinion del Señor Forsyth
sobre el particular, y que esté pronto á adoptár con deferencia el camino
que le sugiera y pueda reunir las condiciones expresadas.

Pero como pudiera sucedér muy bíen que no fuera facil hallár otro medio
de dár á la transaccion indicada la insinuada fuerza del articulo adicional
que el de sugetarla tambíen á otro iguál sancion legislativa; y como
en este caso seria queza preferible que la estipulacion quedose consignada
en un solo documento ya que no se habia podido abrevíar de algun modo
el termino de todo la negociacíon, el infrascrito tiene la satisfacction de
anunciar al Sōr Forsyth que su Gobierno preveyendo la posivilidáde de
semejante extremo, de conferir además plenos poderes especiales para
firmar un nuevo segundo articulo adicionál en lugár del de 3 de Abríl, y
por el cual se estipule prorogár por otro año el termino de que habla el
articulo tercero del tratado de limites para la reunion de los comisarios y
geometras en Natchitoches. Si esto sucediera, y si el Senado Americano
antes de concluír la presente sesíon, diera al Sōr Presidente de estos Estados,

84

El infrascrito, enviado extraordinario y ministro plenipotenciario de la
republica Mexicana, se aprovecha con gusto de esta oportunidád para
ofrecér al honorable Señor Juan Forsyth. Secretario de Estado de estos
Estados Unidos las seguridades bien sinceras de su aprecio y alta consideracion.

M. E. DE GOROSTIZA. Honorable Señor JUAN FORSYTH, &a.

Mr. Gorostiza to Mr. Forsyth.
[Translation.]

WASHINGTON, March 28, 1836.

The undersigned, envoy extraordinary and minister plenipotentiary of
the Mexican republic, has the honor to inform the honorable John Forsyth,
Secretary of State of the United States, that his Government had also remarked
the same ambiguity (equivocacion) which Mr. Forsyth observed in
the terms of the second additional article of the treaty of January 12, 1828,
in both languages, as Sr. Castillo, the chargé d'affaires of Mexico, had
immediately indicated; and that it had, in consequence, also seen the necessity
of rectifying the ambiguity, in order that the stipulation in question
might answer the purpose which its negotiation must have proposed,
and did, indeed, propose in making it.

The undersigned, therefore, received from his Government, before he
left Mexico, instructions and the proper authorities for negotiating and
confirming any species of convention which might render clear the true
object of the said additional second article of the Sd of April last, whenever
the American Government should appoint and authorize to that effect
another plenipotentiary, and means should be found to give to the convention
in question the same force and value which the additional article
acquired by the exchange of the respective ratifications, and the sanction
of the Legislatures of each country, which were necessary before that
could be effected.

The undersigned is, for this reason, anxious to know the opinion of the
honorable John Forsyth on the subject, and is ready to adopt the mode
which he may consider most likely to conduce to the ends proposed.

But, as it may not be easy to find another mode of giving to the convention
indicated the requisite force and value than by submitting it to the
same legislative sanction, and as it would, in that event, be preferable to
leave the stipulation by itself, in a separate instrument, if no other means
can be found to shorten the negotiation, the undersigned has the satisfaction
to announce to the honorable John Forsyth that his Government, foreseeing
the possibility of such a state of things, had, moreover, conferred upon
him full special powers to sign a new second additional article in place of
that of the 3d of April, and by the terms of which the period mentioned in

85

The undersigned, envoy extraordinary and minister plenipotentiary of
the Mexican republic, avails himself with pleasure of this opportunity to
offer to the honorable John Forsyth. Secretary of State of these United
States, the assurances of his distinguished consideration.

M. E. DE GOROSTIZA. To the Hon. J. FORSYTH, Secretary of State.

Mr. Forsyth to Mr. Gorostiza.

DEPARTMENT OF STATE, April 1, 1836.

The undersigned, Secretary of State of the United States, has had the
honor to receive the note of Mr. Gorostiza, envoy extraordinary and
minister plenipotentiary of the Mexican republic, dated the 28th ultimo,
proposing a new negotiation for the purpose of more clearly defining the
object of the convention between the United States and the Mexican republic
of the 3d of April last.

The second additional article to the treaty of limits, although not so
comprehensive in its terms as was desirable, was laid before the Senate by
the President, in the belief that, as the third article of the treaty had
ceased to be of any force or effect, in consequence of the expiration of the
time within which its stipulations were to have been fully carried into
execution, and as it was the intention of both parties to provide, by the
second additional article, for effecting the same object as was provided for
by the third article, the stipulation for the appointment of commissioners
and surveyors to run and mark the boundary line between the two countries,
should be construed to impose the obligation on the commissioners
and surveyors to meet within the time prescribed by the third article. It
is presumed that the Senate acted under the same belief in giving its advice
and consent to the ratification of the second additional article.

If this view be correct, to prevent the possibility of misconception in
giving full effect to the intention of the parties, it will be sufficient for their
respective agents, at the time of the exchange of the ratifications of the
second additional article, to mark, by a joint explanatory note, the explicit
understanding of the two Governments. Should Mr. Gorostiza concur
in this opinion, and find himself authorized to adopt that course, the
undersigned is instructed to agree with him upon the necessary arrangements.

The undersigned embraces this opportunity to renew to Mr. Gorostiza
the assurances of his most distinguished consideration.

JOHN FORSYTH. Sōr Don M. E. DE GOROSTIZA,
Envoy Extraordinary, &c.

86

Mr. Gorostiza to Mr. Forsyth.

WASHINGTON, 4 de Abril de 1836.

El infrascrito, enviado extraordinario y ministrio plenipotenciario de
la republica Mexicano, ha recibido la nota que el hon. Sr. Juan Forsyth,
Secretario de Estado de estos Estados Unidos, le ha hecho el honór de
dirijirle en 1° del actual, y ha visto por ella sér opiníon del Sr. Forsyth,
que para determinár cumplidamente el verdadero objeto del 2° articulo
adicionál de 3 de Abríl de 1836, bastará con que los respectivos plenipotenciarios,
al cangear sus ratificaciones, cangéen igualmente úna declaracion
firmada por ellos, que deberá quedár unida á dicho articulo adicionál,
y en la que se deberá explicár cual fué el unico fin que se propusieron los
dos Gobiernos cuando convinieron en la necesidád de aquella transaccíon.

El infrascrito hubiera preferido, sin duda, por creerlo mas sensillo, que
se redactara otro 2° articulo adicionál, ya que en el de 3 de Abríl se habia
omitido lo mas esencíal de lo que se queria estipulár; y para que la doble
sancíon legislativa recayera de nueva sobre tan importante extremo. Y si
no hubiera aparecido conveniente nulificár ahora una convencion que ya
haba merecido el asentimiento del Senado Americano el infrascrito hubiera
preferido todavia aun en este caso el negociar y firmar un tercero articulo
adicionál al propio tratado de 1828, que estipulara unicamente lo de la
reuníon de los comisarios y geometras en Natchitoches en el mismo termino
de un año.

Este ultimo expediente adoptado que hubiera sido, hubiera en el concepto
del infrascrito, salvado cualquier dificultad en lo sucesivo tanto mas
cuanto que las ratificaciones de los dos articulos se hubieran podido cangear
en Washington al mismo tiempo y por las mismas personas, en menos
de cuatro meses ségun todas las probabilidades.

Pero esto no se opone, sin embargo á que el infrascrito no esté pronto
como lo está en efecto a seguír ahora el camino que le ha indicado el S. Forsyth
en su enunciada nota; por que el infrascrito no puede menos de reconocér
y confesár despues de todo, que una declaracíon de dos plenipotenciarios
debidamente autorizados al efecto, que explique una omisíon advertida
á tiempo en el texto de la transaccíon principál que quede para siempre
unida á esta transaccíon que se cangee cuando ella y que se imprima y publique
con ella ha de aquirir necesariamente por la reunion de todos estos
requisitos su misma identica fuerza legal, y ha de participar de consiguienté
de todas sus garantias. Si esta és así en el concepto tambíen del Sr. Forsyth
el infrascrito repite que ningun inconveniente puede tener en firmár semijante
declaracion, yá redondeár de este modo la negociacion pendiente.

Una sola dificultád se presenta quizas todavia, que á primera vista parece
de alguna importancia si se quiere seguír al pie de la letra el expedienté
sugerido por el Sr. Forsyth, y es que en ninguno de los dos plenos
poderes que ha recibido el infrascrito de su Gobierno, (y de los que acompaña
las debidas copias,) se le faculta explicitamente para cangear las ratificaciones
del 2° articulo adicionál de 3 de Abril, nocrey endose sin duda
en Mexico que podia llegár todavia el caso de necesitarse se semejante
autorizacion, despues de haberse advertido el vicio de que aquel adolecia.
De ahí que seria quizas necesario adoptár otro medio termino; el de que se
cangeara el 2° articulo adicionál por el Sr. Castillo, que tiene para ello un
antiguo pleno podér y que el infrascrito cangeara despues la declaracion.

87

El infrascrito cree con todo que hallandose autorizado por su pleno
podér generál “á promovér por todos los medios legales el arreglo de los
asuntos que son motivo de su misíon extraordinaria” se halla igualmente
autorizado á cangear tambíen las referidas ratificaciones, siendo como és
el arreglo y termino de este asunto uno de los motivós expresos y determinados
de su dícha misíon.

El infrascrito se lisongea que el Sr. Forsyth, coincidirá con él en su
eismo modo de vêr y espera por lo tanto que podran entrambos proceder
ya á determinar la redaccion y firma de la declaracion en cuestion tan luego
como el Sr. Forsyth designe el dia y la hora.

El infrascrito tiene el honór de renovár al Sr. Forsyth las seguridades
bien sinceras de su mas distinguida consideracíon.

M. E. DE GOROSTIZA

Mr. Gorostiza to Mr. Forsyth.
[Translation.]

WASHINGTON, April 4, 1836.

The undersigned, envoy extraordinary and minister plenipotentiary of
the Mexican republic, has received the note addressed to him on the 1st
instant, by the honorable John Forsyth, Secretary of State of these United
States, and has thereby seen it to be the opinion of Mr. Forsyth, that in
order to define completely the true object of the second additional article
of the 3d of April, 1835, it will be sufficient that the respective plenipotentiaries,
on exchanging its ratifications, should at the same time exchange
a declaration signed by themselves, and to be annexed to the said additional
article, in which is to be explained the real object proposed by the Governments,
when they agreed in considering the said provision necessary.

The undersigned would undoubtedly have preferred. as being the simplest
mode, that another second additional article should be drawn up. as
the most essential part of what it was desired to stipulate had been omitted
in that of the 3d of April, and in order that the most important proceeding
should again receive the sanction of the Legislature of each country. And
if it should not appear convenient to annul at the present time, a convention
which had already been considered worthy of the assent of the American
Senate, the undersigned would have preferred, even in this case, to negotiate
and sign an additional article to the treaty of 1828 itself, merely stipulating
the meeting of the commissioners and surveyors at Natchitoches
within the same period of one year. This latter expedient would, if adopted,
in the opinion of the undersigned have prevented any difficulty in future,
especially as the ratifications of the two articles might in all probability
have been exchanged in Washington, at the same time and by the same
persons in less than four months.

This, however, does not prevent the undersigned from being ready, as he
indeed is, to pursue the plan indicated by Mr. Forsyth in his said note, as
the undersigned cannot but acknowledge and confess after all, that a declaration
signed by both plenipotentiaries, duly authorized to that effect, explaining
an omission observed in the text of the principal agreement, intended
to be forever annexed to that agreement, to be exchanged with it and

88

One difficulty, and one only presents itself, which at first sight seems to
be of some importance, in case it should be wished to follow the plan proposed
by Mr. Forsyth to the letter; it arises from the circumstance that
in neither of the powers received by the undersigned from his Government,
(of which copies are herewith sent,) is any explicit faculty conferred upon
him to exchange the ratifications of the second additional article of the 3d
of April, doubtless because it was not supposed at Mexico that there would
be any need of such authorization, after the defects of the article had been
observed. Hence it may be necessary to adopt some other means; for
instance, that the exchange of the second additional article should be made
by Mr. Castillo, who has a former full power to that effect, and that the
undersigned should afterwards exchange the declaration. The undersigned
however conceives that being authorized by his general powers “to promote
by every legal means the settlement (arreglo) of the affairs which
occasioned his extraordinary mission,” he is also authorized to exchange
the said ratifications, inasmuch as the settlement and termination of this
affair is one of the express and determined objects of his said mission.

The undersigned flatters himself that Mr. Forsyth will coincide with him
in his views, and hopes that they may both proceed to draw up and sign the
declaration in question, at any day and hour which Mr. Forsyth may designate.

The undersigned has the honor to renew to Mr. Forsyth the assurances
of his most distinguished consideration.

M. E. DE GOROSTIZA. To the Hon. J. FORSYTH,
Secretary of State of the United States.

Copia del pleno poder generál del Señor Gorostiza.

Miguel Barragán, Presidente interino de la Republica Mexicana. A todos

los que las presentes vieren, salúd:

Estimando necesario a los intereses de la nacion acreditár cerca del Gobierno
de los Estados Unidos de America un agente diplomatico revestido
de mayór caracter que el que actualmente existe en Washington, teniendo
que elegír con tal objeto persona que reuna las cualidades de ilustracion,
patriotismo providád y celo por la prosperidád de la republica, y encontrando
adornado de todas estas apreciables circunstancias al Sōr Don
Manuél Eduardo de Gorostiza hé tenido á bien usando de mis facultades,
y previa aprovacion del Congreso generál, nombrarlo enviado extraordinario
y ministro plenipotenciario cerca del citado Gobierno; dandole por
tanto y depositando en él plenos poderes para promovér por todos los medios
legales, el arreglo de los asuntos que son el motivo de su mision extraordinaria.
A este fin ruego y encargo en la manera mas amigable á

89

Dado en el Palacio de Mexico, Mexico, firmado de mi puño autorizado,
con el sello nacionál, y refrendado por el oficiál mayor encargado del despacho
de la secretaria de relaciones interiores y exteriores, á los diez y
nueve dias del mes de Enero de mil ochocientos treinta y seis, decimo
sesto de la independencia de la republica.

[L. S.] M. BARRAGAN,
JOSE MARIA ORTIZ MONASTERIO. Es copia. Washington, 4 de Avril de 1836.
JUAN E. GAMBOA, Secretario de la Legacion.

Copy of the general powers of Señor Gorostiza.
[Translation.]

Miguel Barragan, President ad interim of the Mexican Republic. To
all to whom these presents shall come, greeting:

Considering it necessary for the interests of the nation to accredit near
the Government of the United States of America a diplomatic agent of a
rank higher than that held by the one now in Washington, and it being
important to choose for that purpose one who should combine talents,
patriotism, honesty, and zeal for the prosperity of the republic; therefore,
having found in Don Manuel Eduardo de Gorostiza all those admirable
qualities, I have thought proper, in the exercise of my powers, and having
received the assent of the General Congress, to appoint him envoy extraordinary
and minister plenipotentiary near the said Government, giving
and conferring upon him to that effect, full powers to promote, by every
legal means, the settlement of the affairs which occasioned his extraordinary
mission. I, therefore, request and recommend his excellency the
President of the United States of America to receive and admit the said
Don Manuel Eduardo de Gorostiza as envoy extraordinary and minister
plenipotentiary of Mexico, giving entire faith to all which he may advance,
granting him the requisite assistance, and disposing that he be acknowledged
in his quality, I on my part offering to reciprocate.

Given at the Palace of Mexico, signed by my hand, authenticated by
the national seal, and countersigned by the chief officer charged with the
Department of Internal and Foreign Relations, on the nineteenth day of
the month of January, eighteen hundred and thirty six, the sixteenth year
of the independence of the republic.

[L. S.] M. BARRAGAN,
JOSE MARIA ORTIZ MONASTERIO. A true copy. Washington, April 4, 1836.
JUAN E. GAMBOA, Secretary of the Legation.

90

Copia del pleno poder especial del Senōr Gorostiza.

Miguel Barragán, Presidente interino de la republica Mexicana. A todos
los que las presentes vieren, salud:

Que pudiendo su acaso necesaria la celebracion de un nuevo segundo
articulo adicional tercero del tratado de limites de 1832, concluido entre
esta republica y los Estados Unidos de America, sino se considerase bastante
el que se firmó en esta capitál el dia 3 de Abril del año proximo pasado,
y deseando allanar todo inconveniente que preceda retardar la demarcacion
de la linea divisoria de ambas naciones, hé venido en conferir,
como por las presentes confiero, pleno poder al Sōr Don Manuel Eduardo
de Gorostiza, enviado extraordinario de esta republica cerca del Gobierno
de Washington, á efecto de que convenga con este, con todas las formalidades
debidas un nuevo plazo en que se verifique la reunion en Natchitoches
de los comisarios y geometras de los dos paises que han de fijar
los limites de ellos respectō á haber espirado el termino que para la reunion
expresado se fijo en el mencionado articulo 3° del tratado de limites
de 1832.

En fé de lo cual, le hé hecho expedir las presentes firmadas de mi mano
autorizadas con el sello nacional, y refrendadas por el oficial mayor primero
encargado del despacho de la Secretaría de Relaciones Interiores y
Exteriores, a los veinte y seis del mes de Enero del año de mil ochocientos
treinta y seis, decimo sexto de la independencia de la republica.

[L. S.] M. BARRAGAN,
JOSE MARIA ORTIZ MONASTERIO. Es copia. Washington, 4 de April de 1836.
JUAN E. GAMBOA, Secretario de la Legacion.

Copy of the special powers of Señor Gorostiza.
[Translation.]

Miguel Barragan, President ad interim of the Mexican Republic. To all to
whom these presents shall come, greeting:

As it may perhaps be necessary to conclude a new second article, additional
to the third of the treaty of limits of 1832, between this republic
and the United States of America, in case that which was signed in this
capital on the 3d of April of last year should not be considered sufficient,
and as it is desirable to remove every obstacle which might retard the demarcation
of the dividing line between the two nations, I have thought
proper to confer, and by these presents I do confer, full powers upon Don
Manuel Eduardo de Gorostiza, envoy extraordinary from this republic
near the Government of Washington, to agree with that Government, in
all due form, upon a new period for the meeting of the commissioners and
surveyors of the two countries at Natchitoches, in order to fix the limits
of the same, inasmuch as the time fixed by the said third article of the
treaty of limits of 1832 for the said meeting has expired.

91

In faith whereof, I have caused these presents to be issued, signed by
my hand, authenticated by the national seal, and countersigned by the first
chief officer charged with the Department of Internal and Foreign Relations,
on the twenty-sixth day of the month January, in the year eighteen
hundred and thirty-six, the sixteenth of the independence of the republic.

M. BARRAGAN,
JOSE MA. ORTIZ MONASTERIO. Washington, April 4, 1836. A true copy.
JUAN E. GAMBOA,
Secretary of Legation.

Mr. Forsyth to Mr. Gorostiza.

DEPARTMENT OF STATE,
Washington, April 13, 1836.

The undersigned, Secretary of State of the United States, has had the
honor to receive and lay before the President the note of Mr. Gorostiza,
envoy extraordinary and minister plenipotentiary of Mexico, dated the
4th, in reply to the communication of the undersigned of the 1st instant.

The undersigned has been instructed to state, in answer, that the plenary
powers of Mr. Gorostiza, copies of which accompanied his note, are
not considered sufficient to authorize him to act as the agent of the Mexican
republic in exchanging the ratifications of the convention of the 3d of
April, 1835. It is therefore expected that Mr. Gorostiza will invite Mr.
Castillo to this city for that purpose, for which he has been specially empowered.
Mr. Gorostiza's powers, however, are considered sufficient to
authorize him to join the undersigned in the explanatory note suggested in
his communication of the 1st instant, and it will be agreeable for the undersigned
to meet Mr. Gorostiza at the office of this Department at one
o'clock to-morrow, when the necessary arrangements may be made.

Perhaps it is proper for the undersigned to add, that if the declaration
were to be cumulative as well as explanatory, it might be essential to promulgate
it in the same manner as the convention to which it relates. But,
as the object of the joint note is merely to prevent misconception as to the
intention of the two Governments in agreeing to the second additional
article, any publication is unnecessary; it being sufficient that the joint
note should remain in the archives of the two Governments.

The undersigned avails himself of the occasion to renew to Mr. Gorostiza
the assurances of his most distinguished consideration.

JOHN FORSYTH. His EX. Sor. Don MANUEL EDUARDO DE GOROSTIZA, &c.

Mr. Gorostiza to Mr. Forsyth.

Manuel E. de Gorostiza tiene el honor de presentar sus respetos al
Honorable Sr. Juan Forsyth, y de anunciarle al propio tiempo, que há
llegado hoy el Sr. Castillo á esta capital, para cangear las ratificaciones

92

Este ultimo suplica igualmente al Sr. Forsyth se sirva señalar dia
en que se verifique tanto dicho cange, como el de la declaracion que há de
explicar previamente el verdadero objeto y sentido del articulo en cuestion.

WASHINGTON, 18 de Abril de 1836.

Mr. Gorostiza to Mr. Forsyth.
[Translation.]

Manuel E. de Gorostiza has the honor to present his respects to the
honorable John Forsyth, and to inform him at the said time, that Mr. Castillo
has this day arrived at this capital, for the purpose of exchanging the
ratifications of the second additional article of the treaty of limits, conformably
with what has been lately agreed on between Mr. Forsyth and
M. E. de Gorostiza.

M. E. de Gorostiza likewise requests Mr. Forsyth to have the kindness
to name a day for the said exchange, as well as for the declaration which is
previously to explain the true object and meaning of the article in question.

WASHINGTON, April 18, 1836.

Mr. Forsyth to Mr. de Gorostiza.

DEPARTMENT OF STATE,
April 18, 1836.

Mr. Forsyth presents his compliments to Mr. Gorostiza, and has the
honor to inform him, in answer to his note of this date, that on Wednesday
next, at two o'clock, he will be happy to see Mr. Gorostiza and Mr. Castillo
at the office of this Department, for the purpose of executing the declaration
and exchanging the ratifications of the convention for a second
additional article to the treaty of limits.

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