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BRISTISH CORRESPONDENCE CONCERNING TEXAS  XIII

EDITED BY

EPHRIAM DOUGLASS ADAMS

LUSIGNAN TO ABERDEEN 146

Cambrian House.  Ryde, Isle of Wight  12 Avril. 44  Monseigneur.

Je vous prie d'excuser la liberté que je prends de vous écrire sans vous avoir préalablement été présenté mais je ne connais personne, et d' ailleurs j' ai trop entendu parler de votre bonté, pour craindre de vous offenser.

J' ai longtemps vêcu parmi les tributs Sauvages du Texas, et principalement parmi les Comanches et les Wakoes. Je les ai laissés aves l' intention de venir en Angleterre éveiller l' attention d' un public géneréux, et s' il était possible d' obtenir que votre Gouvernement éxigeât au nom de l' humanité, plus de justice de la part des Texiens, envers cette noble race d' hommes qui disparait tous les jours sous le Bowie Knife et la misêre.

Lorsque je laissai les Wigwamps des Prairies, j' étais aussi ignorant que les bons Indiens de la difficulté d' obtenir un accès auprès du grand Monde de Londres: je promis aux chefs des nation allieés de faire des propositions au Gouvernement Anglais et d' implorer La protection. Je vins à Londres où je ne tardai pas à découvrir que les choses se faisaient différemment, alors je souris de ma simplicité, et me preparai à retourner aux grandes Prairies.

Une chose, néanmoins m' inspire le courage de vous écrire Monseigneur; je ne veux pas me reprocher de n' avoir point ose' faire une tentative pour Soulager ces Indiens si bons, et si supérieurs au peuple démoralisé, qui les opprime actuellement

Je vois dans les journeaux que Mr Tyler machine en ce moment l' union du Texas aux provinces du Sud des Etats-Unis. Un tel événement a été prevu par les Indiens qui sont résolus dans cette circonstance â en venir à une guerre d' extermination. Ils ont formé une ligne formidable, comptant plus de quatrevingt mille guerriers, et comprenant toutes les nations sur les frontieres de la civilisation, depuis les Dahcotahs (Sioux) du Mississipi, jusqu' aux Pawnees et aux Comanches du Rio Colorado.

Je ne sais pas jusqu' à quel point une réaction si terrible pourrait être désirable pour le bien être de l' humanité, mais dans tous les cas, j' ose Monseigneur, vous adresser une demande: “si le Texas est annexé aux Etats-Unis, et si les Indiens de l' Ouest du Mississipi se lévent en masse dans le but d' une guerre d' extermination, leur serait-il permis par le Gouvernement Anglais de traverser les frontieres des hautes provinces du Canada, pour s' y procurer de la poudre et des armes, et s' y réfugier momentanément en cas d' une défaite dans le territoire de l' Ioway.

Je suis jeune, Monseigneur, mais j' ai la Confiance des Nations Indiennes, et si je puis leur donner une réponse affirmative au sujet de la question que je viens de vous soumettre, jamais le Gouvernement de Washington ne possedera, de facto un pouce de terrein, au delâ dela Riviêre Sabine.

Thaddeus di Lusignan.  A Son Excellence, The Earl of Aberdeen. London.

KENNEDY TO ABERDEEN 147

No. 4.  British Consulate.  Galveston April 18th 1844.  My Lord.

I have the honor to transmit to Your Lordship Copy of a Communication which I have this day addressed to Captain Elliot, R. N, Her Majesty's Chargé d' Affaires to this Republic, (at present in the United States) respecting the expediency of obtaining early Official Information, as to any Measures, contemplated, or enacted by the Legislature of Texas, have reference to the Commercial and Maritime interests of Great Britain.

William Kennedy.  The Earl of Aberdeen, K. T.

KENNEDY TO ABERDEEN 148

[Enclosure]  Copy  British Consulate  Galveston, April 18th. 1844  Sir,

I beg leave to request that you will endeavour to obtain for me, from the Seat of Government in this Republic, a copy of the laws passed during the last Session of Congress, in order that I may report to the proper quarter all enactments of consequence to our Commercial and maritime interests.

With a view to the public advantage, I would respectfully suggest that, on occasion of the absence from this Country of Her Majesty's Chargé d' Affaires, during the Legislative Session, it might be expedient to have a proper person, duly authorized, to watch over the proceedings, to note whatever Measures promised to prove prejudicial, or otherwise, to British Interests, and seasonably to advise the resident Consul, or Consuls, of the passage of any act that might effect the trade of the Current year.

Congress usually closes its deliberations about the first week of February, and, for lack of some arrangement by which an early and accurate knowledge of the laws may be secured, Shipments may be made from England to Texas under the faith of one Tariff, and arrive just in time to be taxed inopportunely, under the provisions of another.

William Kennedy.

LUSIGNAN TO ADDINGTON 149

Cambrian House.  Ryde, Isle of Wight.  May 6th. 1844.  Sir,

I beg to acknowledge the receipt of Your letter of the 4th It. 150 I will remain in England, till I hear something positive respecting the intentions of Prest. Tyler towards Texas.

I humbly hope His Lordship did not think that my address was actuated by any Motive of unbecoming curiosity.—In fact, I have lived among the Indians, I feel as they do,—and that feeling is bitter hatred against the dishonest population which is daily intruding into the very heart of our hunting grounds.

If in the course of events the Foreign Office should require an exact Statistic of the hostile Indian population upon the borders of the States, from the Mouth of the Sabine river to the great Dahcotahs tribes, I could furnish one quite correct, togther with an insight of the underhand policy of the Mormons with the Ioway tribes

The combined Indian Nations, could they but receive powder and flints from the Canadian Military Posts, would soon Master the Country West of the Mississipi. They can appreciate to its real value the boasted power of the United States. They have Witnessed the Black Hawk expedition (1832) and also the Florida War. They are not to be imposed upon by the Indian Agents, In fact they are now aware of their own strength.

Moreover, with the cunning of their wild Nature, they have discovered the difficulties both political and “financieres” under which the States are actually labouring.

I see in the News papers, that a Mr Anderson is coming over to England to treat of the Annexation business.—If he is the same Genl Anderson living in San Agostino near the Sabine, and a Speaker of the House of Representatives, a man with red hair, I would pray You Sir, to submit to His Lordship the following request.

T' is That during Mr Anderson's transactions at the Foreign Office, not the least hint should be given to him, by which he could suspect that I am in Europe. All these who, in Texas may wish to watch my conduct believed me gone to California, and Mr Anderson knows enough of Indian dealing, not to perceive at once that the Texian “Big heads” have been deceived upon my Movements, ever since 1842. Knowing which, he would send information at home, and many poor fellows, entirely devoted to me, would soon taste “of the Bowie Knife.”

The immediate Neighbourhood of Genl Anderson's dwelling is inhabited by halfbreeds and old Mexican hunters—these, unsuspected, furnish me with all kinds of information. Were they to suffer through my means, I would feel it deeply.

During the interviews which the General may obtain at the Foreign Office, His Lordship will perhaps require some accurate information as to the truth of the Statements made by the Texian Envoi. This I am ready to furnish faithfully and correctly,—for I am but too well acquainted with all the Secretaries, leaders, and hoc genus omne of Texas.

One thing I will beg from the Foreign Office; in the event of the Annexation I have mentioned, the office will know it a long time before the fact is made public.—Could I hope to receive hint, as early as possible, so that I could hasten home and begin operations immediately

You will I hope, Sir, excuse my bad English and still worse phraseology, together with my ignorance of forms in addressing myself to “Superiors,” my only excuse is that among the red men of the Wilderness, I had but little opportunity to become “au Fait”

Thaddeus di Lusignan.  H. U. Addington, Esqr.

KENNEDY TO ABERDEEN 151

No. 7.  Her Majesty's Consulate.  Galveston, May 8th. 1844.  My Lord,

As Captain Elliot is, I am instructed to believe, at present in the United States, and has merely left general directions to forward his despatches to the care of Her Majesty's Consul at New Orleans, I beg to enclose to Your Lordship Copy of a Communication which I have addressed to him.—I have likewise deemed it best, under all the circumstances, to transmit a Copy to Her Majesty's Minister at Washington, in the United States.

I also beg to enclose to Your Lordship Copies of two official letters to Captain Elliot, severally dated 5th and 7th June 1843, 152 explanatory of an allusion to the character and object of General Murphy's Mission to this Republic, contained in Enclosure No. 1.

On the 5th of January last, I addressed a despatch to Your Lordship (No 1 of this years series) enclosing Copy of a letter to Captain Elliot (then in the United States) dated January 2d., in which I apprized that gentleman of the fact that parties recently arrived from the Seat of Government in this Country, entertained the impression that a Resolution for the Annexation of Texas to the United States, which had been advanced some Stages by Congress, would pass the Legislature. I avail myself of the occasion to state that the Spirit of the Resolution referred to was carried out, and with speed that might well be termed precipitate, by the assembled representatives of the Republic, I enclose copy of a letter 153 from these representatives to Members of the United States Congress, published in the American Newspapers, of whose authenticity I have no doubt, containing an unofficial overture for Annexation. —This letter it will be seen, is dated January 2d of the present year.

The Capacity and experience of General Andrew Jackson, formerly President of the United States, his unquestioned patriotism, and the force of his character give weight to his opinions abroad, as well as at home. On the territorial importance of Texas, he is entitled to speak with the authority of a Man to whom the Subject is familiar. There is historical evidence to show that he was no stranger to the operations for Western aggrandizement which preceded the acquisition of Louisiana by the United States, were subsequently revived, and suspended for some years, in consequence of the alarm produced by what has been called “the Conspiracy” of Colonel Burr. I have heard, and I believe truly, that General Jackson, has used all the influence he possesses with the President of this Republic, as his old political and Military leader to induce him to aid in accomplishing the Annexation of Texas to the Union. —I take leave, therefore, to enclose extracts from the public prints, indicative of General Jackson's sentiments on the question of Annexation, even at the risk of submitting to Your Lordship Matter already communicated from superior Sources, to whose functions the transmission of intelligence purely political, and the comments that naturally spring from it, are exactly and altogether germane.

If I might be permitted to volunteer an observation, respecting General Jackson's estimate of the territorial worth of Texas, I would respectfully remark that he has by no means, overrated the value of the Country in a Military point of view.

William Kennedy.  The Earl of Aberdeen, K. T.

KENNEDY TO ELLIOT 154

[Enclosure.]  Copy.  Her Majesty's Consulate  Galveston, May 6th. 1844.  Sir,

The United States', Cutter “Vigilant,” arrived at this Port on the evening of the 25th Ultimo, conveying, as the bearer of despatches requiring quick transmission, a son of General Murphy, Chargé d' Affaires of the United States to this Republic.

I have been assured, from a quarter in which I place reliance, that the “Vigilant” has brought official communication of an arrangement entered into by the Government of the United States and that of Texas, by which the former Stipulates to provide a frontier force, and to station Vessels of War in the Gulf of Mexico, for the protection of Texas during the progress of Negotiations and Measures preliminary to it's contemplated Annexation to the Federal Union.

I have been farther assured that, as a sequel to the preceding arrangement, the intention to send Commissioners to the Mexican Capital, to treat for a pacification,—understood to have been entertained by the Texan Executive has been relinquished. I have also been assured that a formal Notification had been transmitted by the Government of the United States to the Government of Mexico, signifying the determination of the former to repel, by active agency, and hostile interference, on the part of the latter, with Texas and it's inhabitants, during the time appropriated to the Negotiations and Measures previously mentioned.

The party from whom I have derived these assurances is the same who, on the 5th of June last year, furnished me with a Report indicating the special character and object of General Murphy's Mission to this Republic, the details of which Report I took instant occasion to impart to you, officially, and the substantial faithfulness of which subsequent events have but too clearly established.

The general accuracy of the information now supplied to me is fully borne out by Statements of fact in the local Newspapers, whether advocates, or opponents of the Executive.

I am apprized, likewise, of the corroborative fact that a Concentration of United States' Troops, has been ordered to be made at Fort Jessup, which on reference to the Map, will be seen to be only some twenty or thirty Miles distant from the Sabine River, that forms part of the North Eastern Boundary line between this Country and the United States. My informant—in whose fidelity, judgment and discretion I repose the utmost confidence—states that he has learned—“from a source the most authentic”—that two Regiments of Infantry has been ordered to Fort Jessup

The Americans of Galveston, with but few exceptions, are much elated by the anticipated introduction of Texas into the Circle of Confederated States. So strong is their faith in “Annexation” that lists are going round for Signature, in support of the Claims of Candidates for office under the Federal Government. Names have been subscribed to two Memorials recommendatory of parties for the Office of Collector of Customs at Galveston, under the impression that the expected change is at hand.

By all the European residents who form a considerable proportion of the inhabitants of this place,—the Annexation of Texas to the United States is, I believe, regarded with extreme aversion. If a contrary Sentiment be entertained by any, it is only by the grossly ignorant, or by those, whose character and condition render them indifferent to the future.—The better class of British, and the more stable of the Mercantile Community are disquieted by apprehensions as to the future, and speculated uneasily on the Silence hitherto maintained by those Powers of Europe who recognized the Republic of Texas, and concluded Treaties with her in the capacity of an independent State.

William Kennedy.  Captain Elliot. R. N.  Her Britannick Majesty's Chargé d' Affaires. To Texas.  Care of Her Majesty's Consul. at New Orleans.  P. S. May 7th.  The United States' War, Steamer “Poinsett” arrived at this port to day, from Pensacola, and will, it is said, leave tomorrow, with despatches for Vera Cruz.  W. K.  May 10th.  The United States Frigate “Potomac,” arrived off Galveston today, and sent in her launch.  [Endorsed.] Enclosure No 1. In Mr Consul Kennedy's despatch No 7, dated 8th May. 1844.

ELLIOT TO ABERDEEN 155

No. 11. 156  New Orleans May 10th. 1884.  My Lord,

I have the honor to acknowledge the receipt of Your Lordship's despatches to No. 8 inclusive.

The details of the proposed treaty of Annexation between Texas and the United States are now known to Her Majesty's Government, and Your Lordship will no doubt be fully informed as to the probability or otherwise of it's ratification. After the 1st Instant however, failing the arrival of Texian Commissioners in the City of Mexico, that Government is in a situation to renew hostilities, and it seems possible that early steps will be taken to move forces, at least up to those limits, which never formed part of Texas by an territorial division, except the Act of the Texian Congress. It is noticeable that it was proposed in the Congress of Texas, in their early proceedings, to extend their Western frontier to the Pacific.

Their present limits in that direction are no doubt a moderate modification of those wider pretensions, but it does not appear that there is a better title to the line of the Rio Grande carried up to the 42d degree of latitude, than there would have been to the line of the Pacific.

At all events by this treaty the Government of the United States has formally taken over from the Texian Plenipotentiaries, the whole Country described to be Texas by the Texian boundary Act; that is, a region of vast extent involving an immense part of New Mexico (it's Capital inclusive) as well as considerable portions of Chichuaha, Coahuila, and Tamaulipas. Within the greater part of which territory no Texian Citizen has ever yet been for any purpose of settlement.

Mr Tyler, indeed, in his late Message states that the question of limits is open for discussion with Mexico. But the treaty itself is silent upon that point, and therefore if it should be ratified and lead either to a struggle or Negotiations with Mexico, the United States would be setting out from these territorial pretensions of Texas. The Government of the United States appears to be under some impression that there will be a movement of Mexican forces within the limits of the territory which it is the purpose of this treaty to make part of the domain of the United States, for they have lately strengthened the American force at Fort Jessup on the Texian frontier, and it is also said that a Squadron is shortly to rendevouz in the Gulf of Mexico. It does not appear to be likely that the treaty will be ratified at present, and I remain of the opinion that it is still in the power of the Government of Mexico to put an effectual end to this long foreseen complication, or to any possibility of it's renewal. But if the policy so often pressed upon Mexico by Her Majesty's Government and other friendly powers, should continue to be rejected, there can be little doubt that these difficulties will soon present themselves again. For whilst there is reason to think that the powerful part of the democratic party in the United States, moved by various motives, will join their political opponents in resisting the present treaty, it seems equally probable that they will at some more convenient moment renew the attempt to secure all that portion of the territory, which it is declared formed part of the Louisiana domain, before the treaty with Spain of 1819, with the consent of Mexico, if it can be purchased, without it, if it is refused. It may, I think, be depended upon, that if Mexico can be induced to acknowledge the Independence of Texas, the Government and people would reject any renewed overtures for annexation to the North American Union. Their recent consent has been less the result of a desire to form part of that Union, than of a belief that the agitation of such a project would dispose the Government of Mexico to acknowledge their Independence.

Charles Elliot.  To The Right Honorable,  The Earl of Aberdeen, K. T.

ELLIOT TO ABERDEEN 157

No. 12.  New Orleans May 20th 1844.  My Lord,

I have had the honor to receive Your Lordship's despatches to No. 10. inclusive.

With the expression of my thanks for the leave of absence I had requested, I have to report that I shall proceed in the course of a few days to the Springs in the Mountains of Virginia, and I would take the liberty to suggest that Communications addressed to the care of Her Majesty's Consul at Boston would reach me in four or five days after their arrival at that place. By the way of the river I could repair to New Orleans, and thence to Texas, in the course of a very short time, and I shall be ready to do so if Your Lordship shall deem it necessary to forward me instructions to that effect.

I have desired Mr Kennedy to forward any informations to Her Majesty's Government, during my absence, which he may judge to be of interest,—But in view of the state of affairs I have considered it right to direct him not to enter into any Correspondence with the Government of Texas respecting their political relations with the Governments of Her Majesty, or of the United States, or of Mexico, and to confine himself strictly to an unobtrusive and prudent discharge of his Consular duties.

I have sealed up the Archives, and placed them in the custody of Her Majesty's Consul at this place, and they are deposited in a fire proof vault. There seems to be a general impression in this part of the United States that there is no prospect of carrying a Measure of annexation, at least during the present Administration.

Charles Elliot.  The Right Honorable,  The Earl of Aberdeen, K. T.  Downing Street

KENNEDY TO ABERDEEN 158

No 9.  Her Britannick Majesty's Consulate  Galveston May 27th 1844.  My Lord,.

I have the honor to transmit herewith Copy of two Communications addressed by Me to Captain Elliot,—one having reference to the hoisting of the National Flag at Galveston—the other adverting to the character of the instructions furnished for the discharge of my duties during the absence of Her Majesty's Chargé d' Affaires.

I would respectfully request Your Lordship's Consideration of the question embraced in Enclosure No. 2.

In the Copy with which I have been honored of Your Lordship's letter to Mr John Macdougall, dated the 18th Ultimo, it is stated that Captain Elliot is “Compelled, from ill health, to return to Europe, on leave of absence”

It appears from Captain Elliot's letter to Me, dated New Orleans, May 20th (twentieth) that he contemplated proceeding to —“Some Northern part of the United States, for the restoration of” (his) “health,”—he having—“by the last Mail received permission” to do so.

Under the presumption that Her Majesty's Chargé d' Affaires will still be found in the United States, I have forwarded the originals of the two enclosures, to the care of Her Majesty's Consul at New Orleans.

William Kennedy.  The Earl of Aberdeen, K. T.

KENNEDY TO ELLIOT 159

[Enclosure.]  Copy.  Her Britannick Majesty's Consulate  Galveston May 25th 1844.  Sir,

On the occasion of your absence at Havanah, in the Month of May last year, not having been favoured with instructions of any kind by you, I followed the example of the local Authorities and the Consuls of foreign Nations, and hoisted a flag at the Consular Office, on the Morning of the 24th of that Month, in honor of our Gracious Sovereign's birth-day.

After your return to Galveston, in reply to a Communication which I addressed to you, on the subject, you directed me, by letter, dated 17th June—“Never to display the National Flag at all, except in the case of an approach of a force hostile to the Republic.”—Whatever my opinions touching the matter might have been, I deemed it my duty to yield implicit obedience to the order, and immediately copied your letter, for future guidance, into the Consular records

It having been the custom for the Consuls of other Nations represented here to hoist their flags on all special occasions, the omission on my part to do so became, from time to time, a theme of animadversion, especially among the residents of American birth, the Consuls of whose Nation are furnished with a Flag, as part of their Official outfit, and are instructed to “hoist it every day, in front of the Consular office unless in boisterous, or rainy weather”

On the death of Judge Eve, late Minister of the United States to Texas, the flag of Texas and the flags of Bremen, France, and the United States were hoisted half mast high, at the respective Consular offices, and I did not escape censure for omitting what the fellow-Countrymen of the deceased Minister were accustomed to consider a becoming and usual indication of respect.—My instructions, however, left no doubt as to the course to be pursued by me, and I have continued to abide strictly by your order.

In a letter which I received from you on the 15th of December last, on the eve of your departure for New Orleans, you reminded me of your “desire that the National Colours should not be displayed at (my) residence or office.” My reply to this letter, written on the same day contained the following words:—“While each particular of your directions shall command my most careful attention, I would respectfully observe that I duly recorded for my official guidance the instructions with which you favoured me in a letter dated June 17th 1843.”

Some eight or ten days previous to the 24th of this Month, I was waited upon by the Mayor of Galveston, and the United States Consul at this Port, who, in friendly terms, inquired whether I intended to hoist a Flag on Her Majesty's Birth-day, as they were desirous to unite in demonstrations of respect for the day.—I told these gentlemen—as in your letter of June 17th you directed me to do, whenever the question should be raised—that you—“disapproved of the practice, because it is not usual for Consuls in Civilized Countries to hoist their National Flags”—Conceiving it possible that inferences not Complimentary to the parties whose object was to honour a day dear to every loyal Subject of the Crown, might be drawn from the bare citation of the prescribed reply, I took the liberty of adding such expressions as appeared to me calculated to obviate such an effect.

It not [now?] only remains for me to state that, on Yesterday, being the Anniversary day of Her Majesty's birth, no Consular, or other National Flag, was hoisted in the town of Galveston,—the external Celebration of the happy occasion having been confined to the British Merchant Vessels at present in Port.

William Kennedy.  Captain Elliot, R. N.  Her Majesty's Chargé d' Affaires.  [Endorsed.] Enclosure. No 1. In Mr. Consul Kennedy's despatch No 9, dated May 27th. 1844.

KENNEDY TO ELLIOT 160

[Enclosure].  Copy.  Her Britannick Majesty's Consulate  Galveston May 27th. 1844.  Sir,

I beg to acknowledge your letter of the 20th Instant, in reply to mine of the 6th in which after stating that you have—“by the last Mail, received permission to proceed to some Northern part of the United States, for the restoration of” (your) “health.”—You direct me, during your absence, to forward any information to Her Majesty's Government which I may “Consider of interest”—while I am carefully to abstain from—“entering into any correspondence with the Government of Texas, upon the subject of their political relations with the Governments of Her Majesty, or of the United States, or of Mexico”—and—“in view of the actual state of affairs”—you are pleased to add—“you cannot too particularly press upon” (my) “attention the necessity of confining” (myself) “strictly to an unobtrusive and prudent performance of” (my) “duties as Consul at Galveston.”

It would seem, from the exceptional character of a portion of the preceding instructions, that, during your contemplated absence, I should be warranted in corresponding with the Government of Texas upon Subordinate Matters; such, for instance, as questions involving the interests of British Subjects, that might arise within my Consular limits, and, in regard to which—from want of proper redress being afforded by the local Authorities, or from any other cause,—I might think that a representation should be made to the Supreme Government of Texas.

In reference to all cases of this description, I have hitherto held it to be my duty to make my representation to you, as Her Majesty's Chargé d' Affaires, that you might take such steps therein as you might deem expedient, in accordance with the instructions which you might have received from Her Majesty's Government.

But now—with your intimation of an undefined term of absence before me—unadvised of your wish to continue official Communication with me during that absence,—unacquainted with your intended place of Sojourn—undirected, save by the passages of your letter which I have taken leave to quote—I am constrained to say that, should any cases of the class alluded to arise, I shall be perplexed as to the course to be adopted, wishing on the one hand, so to discharge my duties as to escape the reproach of obtrusiveness, and most reluctant, on the other, to see the interests of my Countrymen suffer for lack of seasonable representation in the proper quarter.

It is my immediate impression that it would not be prudent for me to take any steps for which I have not the clearly expressed sanction of Her Majesty's Government, or of Her Majesty's Chargé d' Affaires, and in the various official Communications with which I have been honored as Her Majesty's Consul at Galveston, I am unable to discover any directions exactly applicable to the anticipated contingency.

Under the circumstances herein mentioned, should any inconvenience, or detriment, be occasioned to the public service, or to individual interests, it would appear to be no more than equitable that the measure of my responsibility be in strict proportion to the extent of my delegated powers.

In a Communication dated the 18th Ultimo, I requested you to endeavor to obtain for me a Copy of the Laws passed during the last Session of the Texan Congress, in order that I might be enabled to “report to the proper quarter all enactments of consequence to our Commerce and Maritime interests”—Not having been favoured with a reply, and unwilling to make a direct application to the Seat of Government for a duly Certified copy of the Laws in question, I propose to avail myself of a Copy of the Acts, as recently published for general use,—it being desirable that Legislative changes, of the kind referred to, should be reported as early as possible

William Kennedy.  Captain Elliot, R. N.  Her Majesty's Chargé d' Affaires.  [Endorsed.] Enclosure No 2. In Mr Consul Kennedy's despatch No 9, dated May 27th. 1844.

KENNEDY TO ABERDEEN 161

No. 10.  Her Britannick Majesty's Consulate  Galveston May 29th. 1844.  My Lord,

I have the honor, to acknowledge the receipt of Your Lordship's despatch Marked No 1, of this year's series, apprizing me of the appointment of Mr John Macdougall as provisional British Vice Consul at Galveston, and directing me to convey to that Gentleman a letter containing the offer of that appointment, of which letter Your Lordship has been pleased to transmit a copy to myself.

I beg to enclose a copy of a Communication which I forwarded to Mr Macdougall, with the letter from Your Lordship tendering to him the appointment of provisional Vice Consul, together with a copy of Mr Macdougall's reply to the same. 162 From the tone of that reply, I must confess my inability to hope from its writer amicable cooperation in the public service.

Had my instructions in reference to the matter, permitted any exercise of discretion on my part, I would have deemed it my duty to have held over the Communication to Mr Macdougall until I had put Your Lordship in possession of facts to which I owe it to the service still to invite attention.

The Sixth Section of the General Provisions of the Constitution of Texas contains these words:

“All free White persons who shall emigrate to this Republic, and who shall, after a residence of six Months, make oath before some competent Authority, that they intend to reside permanently in the same, and shall swear to support this Constitution, and that they will bear true allegiance to the Republic of Texas, shall be entitled to all the privileges of Citizenship.”

The Ninth Section of the General Provisions contains the following words:

“All persons of Colour who were Slaves for life previous to their emigration to Texas, and who are now held in bondage, shall remain in the like state of servitude—Provided the said Slaves shall be the bona fide property of the persons so holding said Slaves as aforesaid. Congress shall pass no laws to prohibit emigrants from bringing their Slaves into the Republic with them, and holding them by the same tenure by which such Slaves were held in the United States. Nor shall Congress have power to emancipate Slaves: Nor shall any Slaveholder be allowed to emancipate his, or her, Slave, or Slaves, without the Consent of Congress, unless he, or she, shall send his, or her, Slave, or Slaves, without the limits of the Republic. No free person of African descent, either in whole or in part, shall be permitted to reside permanently in the Republic without the Consent of Congress”

By the laws of Texas, a Slave, or free person of Colour, Convicted of maiming a free White person, incurs the penalty of death, and the immigration of free persons of Colour into the Republic is prohibited, under penalties extending to the forfeiture of freedom.

An Act of the Texan Congress sets forth that—

It shall not be lawful for any Master of a Vessel, or owner thereof, nor for any other person, or persons, whomsoever, to bring, import, induce, or aid and assist in the bringing, importing, or inducing any free person of Colour within the limits of Texas, directly or indirectly.—And any person so offending shall be deemed to be guilty of a Misdemeanour, and, on Conviction, shall be fined in a sum of not less than one thousand, nor more than ten tousand dollars.

The Constitution from which I have extracted the previously cited provisions, and the Laws enacted under that Constitution, Mr John Macdougall has solemnly bound himself to support, by assuming the obligations of Citizenship

Mr Macdougall has voted for public officers, and has served as a Juror at Galveston,—the law declaring that “No person who is not a Citizen of the Republic of Texas, shall be capable to serve on a Jury, for the trial of any Cause, Civil, or Criminal.”—He is liable to be called upon to join in a Verdict in any Slave Case. He may be summoned to assist in the apprehension of runaway Slaves. He may be required to aid in bringing a British Shipmaster under the operation of the law prohibiting the introduction of free persons of Colour, within the limits of the Republic.—Burthened with the obligations of his new Allegiance, can Mr Macdougall be free to fulfil the duties of an Agent representing however remotely and reflectively, the wishes and Convictions of Her Majesty's Government.

Previous to his acceptance of the Office appointment, I thought it but fair to Mr Macdougall—knowing that he has been in the habit of having domestic Slaves, to apprize him that Her Majesty's Government (as appears by Slave Trade Correspondence presented to Parliament by Her Majesty's Command) has pronounced it unfitting for any Officer, with an Appointment under the British Crown, directly, or indirectly, to hold, or be interested in Slave property, or to employ hired Slaves. It was surely more consistent with order and equity to make this Communication to him before, than after, acceptance of the Appointment

I am inclined to think that if Mr Macdougall's convenient notions of Allegiance were known to the Government of Texas, he would hardly receive the sanction necessary to enable him to act as the Agent of a Foreign power.—

When I was occupied with the Slave trading transactions of Messrs. Frankland Jones &Co., 163 Mr. Macdougall was forward in obtruding the opinion that I ought not to report those very flagrant transactions to Her Majesty's Government, intimating, among other reasons of equal weight, that Her Majesty's present advisers were not earnestly determined to use their endeavours for the Suppression of Slavery.

In conclusion, I would beg respectfully to submit to Your Lordship, that since my arrival at Galveston, while I have abstained from all improper interference with the internal affairs of this Country, I have unhesitatingly and openly carried out the instructions which I have received relative to the traffick in Slaves by British Subjects,—that, in pursuing this plain course of duty, I have experienced no obstruction, or annoyance, except from British Slave-holders, or their abbetors among their own Countrymen,—that I am fully sensible both these classes of persons have done, and are doing, their utmost to injure me, personally and officially,—that their activity was especially manifest on the occasion of my late sickness, and that if, in future, I be not better supported than I have been hitherto by the Countenance of British Authority upon the Spot, it seems much less likely that I should put down Slave trading and Slave holding among Her Majesty's Subjects resident here, than that the Slave traders and Slave holders should put down me—at least so far as my power to restrain their illegal practices is concerned.

William Kennedy  The Earl of Aberdeen, K. T.

KENNEDY TO ABERDEEN 164

Private.  Her Britannick Majesty's Consulate  Galveston May 31st. 1844.  My Lord,

In accordance with the direction contained in a letter from Her Majesty's Charge d' Affaires to this Republic, dated New Orleans May 20th, I propose to have the honor to Communicate to Your Lordship, from time to time such matters and occurrences within the circle of my observation as appear to be of public interest, or importance

In a postscript to my letter of 6th instant, addressed to Captain Elliot, of which I took occasion to transmit a Copy to Your Lordship, I noticed the arrival off Galveston, of the United States Frigate “Potomac.”

The “Potomac” bore the Flag of Commodore Conner 165 the Officer in Command of the American “Home Squadron,” which it is understood, is intended to cruize in the Gulf of Mexico, during the Negotiations for Annexing this Country to the United States. After remaining some days, the Potomac left Galveston, it was said for Vera Cruz; and has been succeeded by the Sloop of War “Vincennes.” Three more American Men of War are shortly expected off this Port, and a new War Steamer called the “Union.”

The “Poinsett” War Steamer left Galveston for Vera Cruz, about the time indicated in my letter to Captain Elliot of 6th May. It was remarked to me that a Mr Thompson, who was on board the “Poinsett” as bearer of propositions from the Government of the United States to the Government of Mexico, had resided in Texas formerly; and, in the course of the Revolutionary War, had been arrested by the Texans, on a charge of treasonable Correspondence with Mexican Authorities. His selection for his present employment was thought to be significant. A ground of suspicions against him, at the period of his arrest, was the rumour that Colonel Almonte, at present Minister from Mexico to the United States, was about to be married to his (Thompson's) daughter.

I was lately favoured with visits of inquiry respecting my health by President Houston, and Judge Terrell, the Attorney General of the Republic, the President seemed desirous to explain the nature of the preliminary arrangements entered into with the Government of the United States. The Statement he volunteered agreed, in the main points, with the information upon the Subject contained in my previously mentioned letter of 6th of May.— With the addition, as I understood him, that, in case of the failure of a Treaty of Annexation, the Government of the United States had pledged itself to adopt effective Measures for securing the independence of Texas. He evinced some anxiety to show that the Scheme of Annexation had been prematurely forced upon him, during last Session of Congress, by a factious Majority, against which he was unable to maintain his ground. That a violent legislative opposition, aided and abetted by the Ministry of the United States in this Country, was arrayed against him, and threatened impeachment, is undoubtedly true. The Attorney General separately declared that, had the Foreign (European) Ministers been at the seat of Government, to sustain General Houston by their presence against the coercive operations of party, he (the President) would not have sanctioned the proceedings then adopted by Congress, for Annexing Texas to the United States.—I may observe that the Attorney General, although a Member of the President's Cabinet, is warmly opposed to Annexation

The information from the President would have been more full and explicit had not a sense of duty forbade my putting questions to him on political affairs. Some of his oldest friends now profess to consider him altogether and decidedly in favour of Annexation. It is alleged that, to induce him to promote the project, a powerful party in the United States held out inducements tempting to his political ambition.

The Country is at present perfectly tranquil. In Galveston people seem quietly to await the issue of the Negociations with the United States, and with abated expectations of their success.

William Kennedy.  The Earl of Aberdeen, K. T.

KENNEDY TO ABERDEEN 166

Private.  Her Majesty's Consulate  Galveston June 11th 1844  My Lord,

I had the honor of addressing Your Lordship, in a Communication marked “Private” on the 31st Ultimo. Since which time no event of moment has fallen under my notice.

The “Poinsette” U. S. War Steamer, entered this Harbour, on the 7th Instant, on her way from Vera Cruz to New Orleans, bearing it was said, the refusal of Mexico to entertain the overtures for “Annexation” made by the United States. She went to Sea again on the following day.

The United States Sloop of War, “Vincennes,” mentioned in my last, left her Anchorage in Galveston Roads about the first of this Month, but returned in a few days, and was joined by the “Somers,” United States Brig of War, on the 5th Instant. To these was speedly added the new War Steamer called the “Union.” —On the 9th Instant, the three vessels put to Sea, with the intention, if rumours might be credited, of appearing before Vera Cruz.

There has been a petty Indian inroad, attended with some loss of life, at Corpus Christi, which is also threatened by Mexican Marauders. The Government of Texas is about to strengthen that frontier position, and I have been informed that an American Vice Consul is to be stationed there, with Authority to display the National Flag.

Corpus Christi is considered of some importance as a Texan trading post, to which Mexican Contrabandists resort for the purpose of Smuggling good[s] across the Rio Grande.

William Kennedy.  The Earl of Aberdeen, K. T.



FOOTNOTES

146. F. O., Texas, Vol. 11.

147. F. O., Texas, Vol. 10.
148. F. O., Texas, Vol. 10.
149. F. O., Texas, Vol. 11.
150. Not found.
151. F. O., Texas, Vol. 10.
152. See The Quarterly, XVI, 316-318.
153. A declaration passed by Congress, affirming that Texas earnestly desired annexation. The members of Congress were for the moment suspicious of Houston's diplomacy. (Smith, The Annexation of Texas, 161.)
154. F. O., Texas. Vol. 10.
155. F. O., Texas, Vol. 9.
156. Elliot to Aberdeen, No. 10, 1844, has not been found. As there is no reference elsewhere to such a Number, it is possible that Elliot by error counted his despatch “Secret” of April 7, as No. 10.
157. F. O., Texas, Vol. 9.
158. F. O., Texas, Vol. 10.
159. F. O., Texas, Vol. 10.
160. F. O., Texas, Vol. 10.
161. F. O., Texas, Vol. 10.
162. These letters not transcribed. Macdougall had been recommended by Elliot for the vice-consulship, and appointed by Aberdeen. Kennedy strongly opposed him and accused him of interfering to aid the British slave-traders in Texas, whom Kennedy sought to bring to punishment. Kennedy finally succeeded in preventing Macdougall's acting as vice-consul.
163. In 1843 Kennedy attempted to take action against a British firm bringing slaves into Texas, but was advised by Elliot (later confirmed by Aberdeen) that no action by him was legally possible. The correspondence and documents are in print in British Sessional Papers, 1844, Commons, Vol. 49; Slave Trade Correspondence, Class C, Texas.
164. F. O., Texas, Vol. 10.
165. David Conner, in 1844 in command of the United States squadron on the West Indian Station. He was later a leading naval commander during the Mexican War. (Appleton, Cyclop. of Amer. Biog.)
166. F. O., Texas, Vol. 10.


How to cite:
"BRISTISH CORRESPONDENCE CONCERNING TEXAS  XIII ", Volume 018, Number 3, Southwestern Historical Quarterly Online, Page 305 - 326. http://www.tsha.utexas.edu/publications/journals/shq/online/v018/n3/article_4.html
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