BRITISH CORRESPONDENCE CONCERNING TEXAS
XXI
[Enclosure]
Copy.
New Orleans.
July 3d. 1845.
Charles Elliot.
Sir,
I have the honour to acquaint you that I have availed myself
of the engagement of the Congress and Convention in Texas in
discussions during the continuance of which I do not think it
suitable to remain in the Country, to come on to the United States,
with the hope of finding some relief from an Ague Complaint
to which I have long been subject in the hot season of these
Climates.
Indeed I perceive that in the present temper of the people
and the actual attitude of these affairs my presence there would
be made the pretext for continued misrepresentation and agita-
tion. I shall go on to New York, but shall of course be ready
to return to my post at any moment that my communications
from England or other points may render that step necessary.
Rumours of the immediate movement of United States Troops
into Texas have been repeated several times during my brief resi-
dence here, but I think it probable that no step of the kind will
be taken until the Government of Texas of it's own accord or
under the direction of Congress calls upon the American Charge
d' Affaires to move the Commander of the force at Fort Jessup
to advance.
The President's proclamation of the 4th June affords a suffi-
cient indication of the dispositions of the Government of Texas,
but it is not so easy to speak favourably of the probable course
of Congress. If however the Government of Mexico should
have responded to the proclamation of the President by declar-
ing a cessation of hostilities, and shall have caused it to be un-
derstood that there will be no Movement beyond their actual
lines for the present that is, East of the Rio Grande, I think
that some mischeivous schemes will be baffled. Those schemes
are, first. The immediate Military occupation of Texas by
United States troops, which it is believed would close this Sub-
ject beyond all risk of retraction or serious discussion by the
next Congress of the United States, otherwise, a doubtful point.
And, Secondly, the advance of part of the Force to the Brassos
del Norte and left bank of the Rio Grande. Hence all the
rumours of the Mexican Movement beyond that river in the
prints of this Country and Texas, and the extreme vexation
which followed the President's proclamation of the 4th Ultimo.
Adverting however to the movement of United States troops
into Texas at this time of year and for the advance to the Rio
Grande I would observe that I do not believe there are more
than 1500 Men of all arms at Fort Jessup, an insufficient as
well as unsuitable force for the supposed objects. The diffi-
culties of movement in the Country through which they must
pass, and the absolute necessity of transporting all their Mate-
rial, both provisions and of War, warrant the opinion that more
than half that strength of regular troops would be in the hos-
pitals before they had reached the Trinity. A great part of the
County is desert, and even the cultivated parts of Texas are
wholly without the means of supporting in an adequate manner
even this small addition to the people upon them.
If heavy rain should fall too, as sometimes happens at this
Season there would be no possibility of getting on their Ma-
terial, and if there should be a want of rain water also must
be transported for a great part of the way, for it is not only
very bad and unwholesome but extremely scarce over almost the
whole face of the Country. The only mode by which I believe
it would be practicable to place an organized American force
in Texas in any thing like an effective condition would be to
convey them from the Mouth of the Mississipi to the places
on the Coast nearest to the points they are to move upon. In
fact whilst advance by land is out of the question at this Sea-
son of the year on account of the heat of the weather (at
least beyond the Settlements in Texas) and full of difficulty in
the Autumn and Winter Months on account of the state of the
routes, movement by Sea is also extremely inconvenient owing
to the Shallowness of the water in the Harbours of Texas which
would render it necessary to effect the operation in a large num-
ber of light Vessels, and the Gulf of Mexico is not at all a
secure Navigation for such craft from the beginning of August
till after the Autumnal Equinox, owing to the risk of hurricanes.
No person can be more sincerely desirous than myself, that
this serious affair may be settled satisfactorily without a Col-
lision between Mexico and the United States but I certainly do
believe that the difficulties of movement either by land or Sea
(except for a short period in the Spring and beginning of Sum-
mer) and the continued Military occupation of the line of the
Rio Grande with any amount of regular force that the United
States can dispose of will be much greater than seems to be con-
templated here. And if the War should be protracted and car-
ried across the Rio Grande I believe that it would require very
little skill and scarcely any exposure of the defending force to
draw the invading Columns well forward beyond all means of
support from their own basis and depots into situations of inex-
tricable difficulty.
From my opportunities of judging too of the fitness of their
Volunteer levies for movement into an enemy's Country I
should think that the danger and difficulty of invasion would
only be greater as that kind of force was more numerous. They
are very spirited in and effective in their particular mode of
fighting, which is by skirmishing with the rifle, but they could
not resist Artillery and Cavalry in a Country suited to those
arms, they are not amenable to discipline, they plunder the
peasantry, they are without steadiness under reverses, they can-
not march on foot, and are in no way comparable to the Mexican
force for rapidity of movement or sustaining continued fatigue
on the hardest food. The danger to Mexico from this side does
not seem to arise from regular military invasion, for which
there is no aptitude and insufficient means, but from the gradual
and not very slow occupation of the unsettled Countries unless
they are timely prevented. And I will take the liberty to add
here that from all I have heard both in Texas and this place
since I had the honour of seeing you, there seems to be no doubt
the greater part of the unusually large emigration of this year
towards the Oregon territory is in point of fact intended for
Upper California, perhaps particularly for the Valley of the Sac-
ramento and San Francisco Bay.
I believe also that it is accompanied by Agents of the Gov-
ernment of the United States, and I should mention that it is
confidently said here by persons likely to be well informed, to
exceed 10,000 souls.
Charles Elliot.
To the Right Honourable.
The Early of Aberdeen, K. T.
2
[Endorsed] Copy of a despatch from. Captain Elliot to Mr
Bankhead. July 3d 1845 Inclosure No 2 in Capt Elliot's De-
spatch to the Earl of Aberdeen. No 19 of 1845.
Her Majesty's Consulate
Galveston
July 24th. 1845.
No. 18
My Lord,
In a Despatch No 16 of the 24th Ultimo, I had the honor
to inform Your Lordship of the acceptance by the Congress of
Texas, assembled in extra Session, of the terms of Annexation
proposed by the Government of the United States. I also in-
formed Your Lordship that the Congress had passed a Joint
Resolution, authorizing the introduction of United States' troops
into Texas. Of this Joint Resolution I am now enabled to en-
close a copy, taken from the "National Register" (Government
paper) of the 17th Instant, which has just reached Galveston.
Prom the same paper I have taken, and enclose herewith a
Copy of--"An Act to establish certain Mail Routes therein
named and for other purposes"
4--which I have been given to
understand was passed in deference to the wishes of Major
Donaldson, United States' Chargé d' Affaires in Texas.--The
object of the Act is evidently to assist the territorial Jurisdiction
of Texas over the tract of Country lying between the Nueces (sic.)
and the Rio Grande, (which formed no part of Texas proper)
and to establish the frontier line between Mexico and Texas--
"up the principal Stream" of the Rio Grande to its Source,
thence due North to the forty second degree of Forth Latitude."
The territory over which Post Office and County Jurisdiction is
asserted by the recent Act of Congress, comprizes parts of the
Mexican Departments of Coahuila, Tamaulipas, Chihuahuia and
New Mexico.
United States troops, for the occupation of the Western fron-
tier, are daily expected at Galveston. The "National Register"
announces that Major Donaldson, U. S. Chargé d' Affaires, has
taken leave of the Government. This Gentleman is at present
at Galveston, with, it is publicly stated, the intention of re-
turning to the United States on the arrival of the American
troops.
Enclosed herewith are Newspaper extracts,
5 giving the pro-
ceedings of the Convention to the latest dates.--The terms of
Annexation offered by the United States were accepted on the
4th Instant, with only one dissenting voice (a Delegate from
Galveston) and, on the 7th Instant, a Resolution was adopted
(with but one dissentient) authorizing and requesting the in-
troduction of United States' troops, for purposes specified.
Her Majesty's Ship "Persian" arrived off Galveston, from
Vera Cruz, on the 8th Instant, bearing Despatches for Captain
Elliot (which I was authorized to open, in the event of Captain
Elliot's absence from Texas)--and a communication addressed
to myself--Conveying the earnest desire of His Excellency, Mr
Bankhead, to be kept informed of the state of affairs in this
Country, especially the proceedings of the Convention. Mr
Bankheads Despatches are dated the 27th Ultimo, at which time
the actions of the Texan Congress, in reference to Annexation,
was not—it would seem--known in the City of Mexico. I was
obliged to detain the "Persian"--(in order to obtain intelligence
from Austin) until the 16th Instant, when She sailed for Vera
Cruz, which the Commander expected to reach in eight or nine
days.--The "Persian" conveyed to Her Majesty's Minister in
Mexico intelligence of the proceedings of the Convention, in re-
gard to Annexation; and the introduction of United States'
troops; together with a series of printed documents, calculated to
explain the course of affairs and the state of popular feeling in
this Country.
In a private letter to Mr Bankhead, I mentioned that I had
obtained, and had proposed to avail myself of leave of absence,
but that if it were his wish, I should most willingly forego my
intention and continue at my post. If, on the other hand, he
deemed it unnecessary, or unfitting, to communicate farther with
Texas, and wished to forward despatches specially to Washing-
ton (U. S.) or to England, I should be at his disposal for that
purpose, on, or about, the tenth of next Month. There is no
British Ship now in Port, nor are any expected until November,
and it seemed to me that a rapid Journey to England, in the
interval between August and November, might not be without
its public uses.
By the Brig "Hope Howes," which left Galveston for New
Orleans on the 15th Instant, I informed Mr Pakenham, in brief
and general terms of the adoption of Annexation by the Con-
vention--adding that the intelligence was sufficiently accurate to
be communicated to Her Majesty's Government.--The "Hope
Howes" made a quick passage, and I should think reached New
Orleans in time to enable Mr. Pakenham to write by the Mail
Steamer of 1st August
William Kennedy.
The Earl of Aberdeen, K. T.
New York.
July 28th. 1845.
No 20.
My Lord,
I have had the honour to receive your Your Lordship's despatch
No. 10 and it is a relief to me that there has not been the least
departure from the principles recapitulated in that communica-
tion, in what has been accomplished with the hope of sustain-
ing the Independence of Texas.
The manner indeed of my proceedings has unfortunately for
myself subjected me to comments (and I cannot dispute the
pleasure of Her Majesty's Government to disconnect themselves
from any thing in their character that they do not like) but
there is no objection to the matter concluded, and in that state
of circumstances I need not trouble Your Lordship at much
length on the present occasion. The degree in which my visit
to Mexico contributed to the success of the negotiations at that
place is a point on which I have no remark to offer but I will
take the liberty to say that there would have been no hope of
securing the time necessary for adjustment there, uninterrupted
by disturbing representations from this quarter, if my destina-
tion had been known when I left Texas.
Your Lordship will perhaps also give me leave to observe that
I have not neglected all calculation of the perfectly probable
event of Annexation in spite of the contemplated arrangement
with Mexico. Beyond the chance of success (not small in the
estimation of the Government of Texas when I left) I thought
and I still believe that even if it failed the completion and sub-
sequent publicity of the conditions recommended to Mexico by
the Governments of Her Majesty and The King of the French
could in no way prejudice the public interest, but would on the
contrary subserve them. The want of conclusive proof in the
sight of the people of Texas and of this Country, of the dispo-
sitions and ulterior purposes of Her Majesty's Government had
already furnished the advocates of Annexation with their most
powerful means of sustaining it. I believed therefore that mod-
eration on the part of Mexico, even at that late hour, and un-
equivocal evidence of the character and extent of the arrange-
ment supported by Her Majesty's and the French Governments
would deprive Annexation of the chief pretext which had given
it so much strength here; fastening the Scheme without chance
of evasion upon that mixture of Slave trade and the wrongful
motives so little likely to find sympathy with the great body of
the Nation in more sober moments, and a more perfect state of
information than have hitherto had place.
However Your Lordship may disapprove of any part of my
proceedings, I may remark that no more than justice has been
done to me in the belief that I am incapable of deliberately
intending to injure the public Service. I am as free of such
motives as any person in the Service of the Crown, and I meant
on this occasion nothing else than to avail myself of the only
chance that I saw was left to sustain the independence of Texas
by the only means which I believed, with my opportunities of
forming a judgment, afforded the least hope of success. It is
equally true that I entered upon the task with extreme reluct-
ance and only in a sense that it was my duty to make the effort
at once, for there was not a moment to be lost.
But without desiring to protract the discussion or defence of
any further conduct of mine that Your Lordship has thought
proper to censure I may at least observe that the mystery ad-
verted to was no more than was necessary to conceal my destina-
tion. What has been said on this subject in the press of the
United States is merely that kind of unscrupulous attack and
misrepresentation to which persons are liable in the discharge
of their public obligations, and in this particular case is no
more than the natural consequence of a faithful attempt to per-
form my duty to my own Country, and I must give myself per-
mission to add, no bad evidence of the extent to which the suc-
cess of these proceedings has been felt to interfere with the easy
accomplishment of bad and dangerous schemes.
Let me say in conclusion that it had long been clear to me
in the turn that affairs were taking, that the important con-
sideration was not so much the mere Annexation of Texas, as
what was to be Annexed under that term of extravagant pre-
tensions, and scant title either of right or occupancy; And I
have a confidence that what has been accomplished will help
the peaceful obstruction of a spirit of injustice and rapacity
against Mexico, and facilitate as safe an adjustment of the ques-
tion for that Government as their own most unfortunate delay
has left any room to make. Their late policy, tardy as it has
been, will I hope go far to defeat the purposes of those parties
in this Country who deliberately mean the forcible dismem-
berment of Mexico, and in the main have the effect of limiting
any possibly sustainable pretensions of the persons settled in
Texas to the alienation only, of the territory in their actual
occupation; Or at the very utmost of the remainder of the ter-
ritory constituting Texas, according to the former divisions of
the Country, upon a condition which Mexico would have the
clearest right to demand under the fundamental law applying
to those regions of her domain, and an obligation of necessity
to insist upon for the security of her frontier.
I mean the condition that Slavery should never be intro-
duced into the Ceded Country, and so brought contiguous with
their own to the certainty of constant frontier dispute and raid
arising out of the escape of Slaves, and the still worse evil of
filling these lands with Settlers of the same kind as those who
have already proved so dangerous to Mexico. The proposal of
negotiations on this basis would I believe at once put an end
to all risk of hostilities against Mexico by the United States, and
either frustrate the scheme of Annexation entirely, or at least
turn it to a more safe and honourable conclusion for all parties
than it can otherwise reach. In conformity with Your Lord-
ship's directions I shall wait here or in this neighbourhood till
I am further instructed.
I avail myself of this occasion to acknowledge the receipt of
Your Lordship's despatches Nos 8 and 9, and I have the
honour to be,
Charles Elliot.
To The Right Honourable
The Earl of Aberdeen, K. T.
No. 20.
Her Majesty's Consulate
Galveston
July 28th. 1845.
My Lord,
I have the honor to enclose herewith a Copy, in duplicate of
the Laws affecting Shipping and Commerce, enacted by the
Ninth Congress of the Republic of Texas, during the Session
of 1844-5.
I also enclose herewith Copy, in duplicate, of two Acts passed
at the extra Session of Congress, which assembled on the 16th
Ultimo, to consider the question of Annexation, one of which
Acts refers to the future Meeting of Congress.--I postponed the
transmission of the Acts of the regular Session until the Acts
of the extra Session had been published.
The following paragraph, in relation to the erection of a
Light House on Galveston Island, appeared in "The Houston
Telegraph" of the 7th of May last.
"Light Houses. We have been authorized by the Secretary
of the Treasury to mention that he has determined not to con-
clude any Contract for the erection of the Light House at Gal-
veston, or that at Matagorda. He considers it now so certain the
Country will be soon Annexed to the United States, that he deems
it advisable to husband the limited revenue of the Country, to
defray the expences of the Congress and the Convention that will
soon be convened, and he considers that the United States, hav-
ing ample resources, will erect Light Houses at these points at
an early period, far better adapted to the wants of Navigators
than any that could be erected with the small appropriations
made by our Congress"
William Kennedy.
The Earl of Aberdeen, K. T.
[Enclosure]. Texas. Affecting Shipping and Commerce, en-
acted by the Ninth Congress of the Republic of Texas. Session
1844-5.
8
An Act "Relative to Tonnage Duties," approved by the Presi-
dent 1st February 1845, provides that "from and after the 1st
of April 1845, there shall be levied and collected on each and
every Texan vessel, and on each and every foreign vessel entitled by
Treaty to equality with Texan vessels, Note*
a Tonnage of Sixty
two and a half Cents, for each ton of her burthen, on arriving
in a port of this Republic from a foreign port."
The same Act provides that one dollar per ton, as per Register,
shall be collected from Foreign Vessels not entitled by Treaty
to equality with Texan Vessels, on arriving with Cargo from a
foreign port;--or
any higher rate to which a Texan Vessel would
be liable in a port of the Nation to which any foreign vessel,
so entering, shall belong.
It is likewise provided that a Vessel of either of the above
mentioned classes, on arriving in a Texan port, from abroad,
with ballast, shall be liable, on entry, to—"No more than one
quarter of the rate of tonnage duly required of her by the pro-
ceeding Sections"--and if she depart from the same port in bal-
last"—No additional amount of Tonnage duty shall then be re-
quired of her" but if She shall depart with outward cargo, or
proceed coastwise to another part of the Eepublic in ballast, and
then take in cargo;—"She shall pay the remaining three quar-
ters of her regular rate of Tonnage duty, at the port whence
She clears with lading."
By the same Act, every Texan vessel of foreign build, while
sailing under a Coasting License is chargeable with an Annual
Tonnage duty of Sixty two and a half Cents per ton, payable
on the expiration of the half-yearly License, or, pro
rata,
if the
vessel should be lost, or the License surrendered before the term
of its expiration.
By an Act approved by the President 3d February 1845, it
is provided that--"When any vessel arrives in a port of the
Republic, from a foreign Country, with goods, wares, and Mer-
chandize on board, destined to another port of the Republic, to
which the vessel itself is not destined,"--it shall be lawful to
forward such Merchandize, under bond, in a Texan vessel to
the port of her final destination—"without exacting payment
of duties until their arrival at the second place of their land-
ing,"--Consignments, to be entitled to that privilege, must be
exigible to, at last, one hundred dollars' duty,--must be en-
tered, at the first port in the usual form--"except that the
entry and oath shall specify that the importation is entered
for the privilege of reshipment Coastwise subject to duty"—
and that no fraud on the revenue is intended by such reship-
ment, it being requisite that—"Her Merchandize and effects, so
reshipped, shall be contained in the same packages, or cases,
in which they were imported, unless a change of package should
be necessary for their preservation, in which case, they may be
repacked before shipment, under the inspection of the revenue
Authorities."
Before entry for reshipment is made, bond is to be given to
the Collector for payment of--"the full amount of duties on
the effects reshipped, at the end of Sixty days from its date,
unless satisfactory proof be produced to the Collector, within
that time, that the said effects have been landed, and the duties
paid thereon, or secured according to law, or that the said effects
have been accidentally lost, or destroyed, before being relanded."
Any Merchandize reshipped according to the provisions of
this Act,--"shall be subject to inspection both at the port of
its first entry, and at that whereunto it is reshipped--and until
it has been duly delivered at the latter, the Revenue Laws shall
have the same power over it as in the case of goods entered
and landed first from a Foreign port,--and any vessel on which
such Merchandize is reshipped shall, from the time it is put on
board until the time it is lawfully delivered, be under the same
restrictions and responsibilities as if the said vessel had on
board a cargo bound direct from a foreign Port."
In consequence of representations made by Her Majesty's
Consul at Galveston to the proper Department of the Texan
Government, an Act passed Congress and was approved by the
President 3d February 1845, making an appropriation for the
purpose of erecting a Light House on the East end of Galveston
Island. The Light House and lantern were to be, at least,
seventy five feet in height, and the work was to be commenced
on, or before, the first day of June next following, and to be
completed on the 3d. of February 1846.--For the support of
Light-Houses, a Light Tax of three Cents per ton was to be
collected on all vessels arriving in the ports of the Republic from
a Foreign Country.--In the beginning of March, the Secretary
of the Treasury advertised for the erection of the Light House,
but the undertaking was soon afterwards abandoned by the Gov-
ernment, in view of the speedy Annexation of Texas to the
United States.
By an Act approved by the President, 3d. February 1845.
for the establishment of an Hospital at Galveston, it is provided
that, from and after the 1st of May next ensuing,--the Com-
mander of every vessel arriving at the Port of Galveston, shall
be required to pay to the Collector of Customs at that port the
Sum of fifty Cents for every foreign Male white Cabin passenger
over Sixteen years of age, and the Sum of twenty five Cents for
every foreign white Male Steerage passenger over Sixteen years
of age, according to the list of passengers produced by the said
Commander, or his clerk, which list shall be sworn to."
By an Act approved by the President, 3d February 1845, a
Corporate body was created under the style and title of "The
Galveston Chamber of Commerce"--an institution which, ac-
cording to the preamble of the Act,—"is much required by the
Mercantile Community, as tending to diminish litigation, and to
establish uniform and equitable charges."
It is provided that the Act of Incorporation shall,—"be in
force, from the passage thereof, for and during the space of
twenty years, and take effect from and after its passage."
passed at the Extra Session of the Ninth Congress of Texas,-
June 1845.
Supplementary to "an Act to regulate proceedings in Civil
Suits.
goods, wares, or Merchandize imported, or Notes given for the
same, the fact that such goods, wares or Merchandize, were
imported, or introduced, into the Republic, without payment of
the lawful Duties, or in violation of any Revenue Law thereof,
may be pleaded in defence, and, if established, shall constitute
a legal and valid defence in all such cases."—It is further pro-
vided that,—"in cases where such defence shall be pleaded"—
and also in cases—"When any Civil action shall hereafter be
brought to recover duties not paid, the party so charged, or
implicated, shall not be liable to any Criminal prosecution for
the same offence, or non-payment."
To alter the time for the Meeting of the Annual Sessions
of Congress.
The First Section of this Act,—provides that.—"The Annual
Sessions of the Congress of the Republic shall, hereafter, com-
mence on the Second Monday in May, any law, now in existence
the contrary-wise notwithstanding."
By the Second Section of this Act,—"Such of the appropria-
tions of the regular Session of the Ninth Congress, (except ap-
propriations for Foreign Legations) as the President may deem
necessary and cannot be dispensed with, are extended, pro
rata,
to the Second Monday in May. A. D. 1846, or until the incor-
poration of Texas as a State of the United States.
The Acts received the President's approval on the 26th of
June 1845.
[Endorsed.] In Mr Consul Kennedy's despatch, No. 20.
dated July 28th. 1845.
No 21.
New York,
July 30th 1845
My Lord
formed that a resolution to the following effect proposed in the
House of Representatives on the last day of the Session of Con-
gress had failed.
"Resolved by the House of Representatives."
"That the course of the Executive in relation to the question
"of Annexation had been unpatriotic and unwise, attempting to
"thwart the people in their well known wish to unite themselves
"to the great political family of the United States, and throw
"them afloat again upon the troubled Sea of a separate exist-
ence to be the sport of a policy hostile to liberty in both
"Hemispheres, and that He may not be enabled to throw further
"obstacles in the way of this great Measure and ultimately effect
"it's defeat we recommend to the Convention of the people of
"Texas to establish a Government ad interim until The Con-
stitution of the State of Texas shall go into effect as being the
"most certain, effectual and economical mode of securing our
"Annexation to the United States."
The Convention assembled at Austin on the 4th Instant, and
elected General Rusk to be President. An ordinance had been
passed with one dissenting voice, consenting upon the behalf of
the people of Texas to the terms of Annexation proposed by the
Government of the United States, and on the 5th a resolution
was passed requesting the President of the United States on the
behalf of the people of Texas to send troops forthwith to their
frontier
By private letters to the 17th Instant from New Orleans I
am informed that the force assembled there under the Command
of Brigadier General Taylor consists of two Corps of Infantry
amounting to about 1400 bayonets, and also that two Companies
of Artillery (180 strong) were at that time coming up the river,
supposed to be destined for Texas. It was reported that this
force would sail about the 25th Instant for Matagorda in the
Steam Ship "Alabama" and three other transports, but this last
statement is not made with entire confidence.
A regiment of Cavalry, between 400 and 500 strong was said
to have marched for San Antonio de Bexar from Fort Jessup
in the early part of this month.
On my way up to the Northward I thought it convenient to
ticular activity at that point.
Besides the Guard Ship (Pensylvania) there was one heavy
frigate alongside the Yard in a state of partial equipment, one
or two Sloops of War fitting, and one Corvette in the Stream,
armed and equipped, but not manned, her Ship's Company hav-
ing been recently landed in consequence of fever. The force
under the Command of Commodore Conner on the home Station
(which comprizes the Service of the Gulf of Mexico) consists, I
believe, of One heavy frigate, 1 of 46. 4 or 5 Corvettes, and six
Brigs and Schooners, with two Steam Ships, (the Mississipi and
Princeton) but it is said here that it is to be strengthened im-
mediately from the Meditteranean, Brazil, and Coast of Africa
Stations, and I heard at Galveston from a good source that Com-
modore Biddle
10 in the Columbus, was to return from China by
the way of the Pacific with part of the East India Squadron.
Upon the whole I incline to believe that the force actually on
foot has been encreased to the full extent of the appropriations
for the Service of the Current year. I have not remarked in
the papers that the Squadron has sailed again from Pensacola,
where it was when I left New Orleans. H. M. S. Persian was
at Galveston on the 14th Inst., but was to sail as soon as the
Commander received replies from Washington, looked for on the
16th. I have not heard the purpose of her visit but conjecture
that it must have been to carry replies to the despatches I for-
warded to Mr Bankhead on the 12th June by the "La Perouse."
With a view to place the Commander in Chief in possession
of the latest information I have of the State of affairs in Texas
and the Gulf of Mexico, I have taken the liberty to inclose this
despatch under a fly Seal to him, with a request that he will
have the goodness to peruse and forward it to England by the
Mail. I have also forwarded him a Copy of my despatch to Mr
Bankhead of the 3d July last
Charles Elliot
To The Right Honourable.
The Earl of Aberdeen, K. T.
No. [22.]
New York.
August. 12th 1845
My Lord;
By papers and letters from Texas to the 24th Ulto. I learn
that the Convention was still in Session, and that the Several
branches of the State Constitution has been referred to separate
Committees. It was thought that they would have concluded
their business in the early part of this month, but I am led to
understand that some difficulty was contemplated upon the sub-
ject of the limits of the State, as also from an attempt to divide
it at once into two, which would of itself be a departure from
the United States Annexation resolution, and otherwise calcu-
lated to embarrass the easy conclusion of the affairs in this
quarter.
Another point that is likely to produce dissatisfaction in Texas
at least, is the view of the Government of the United States re-
specting goods to be exported from Texas into this Country after
the completion of Annexation. Persons connected with the
trade of Texas had formed the idea that Merchandize imported
into the United States from there after Annexation, could not
be chargeable again in the ports of this Country as coming from
a Member of the Confederacy. These impressions had prepared
the way for a vast influx of Merchandize from Europe into
Texas, and from the United States under the drawback system,
with the purpose of an extensive return trade as soon as An-
nexation were finally accomplished; And it consists with my
knowledge that the Government of Texas favoured the purposes
of these parties with the intention of helping their own revenue.
The Secretary of the Treasury however in the United States
takes a different view of the subject. Without expressing any
opinion upon that Gentleman's reasoning, to which I am incom-
petent to speak, I would merely remark that it is not likely to
find favour in Texas, where it should be observed there are many
people sedulously waiting the first turn of popular sentiment with
the hope of baffling the whole scheme of Annexation.
herewith the honour to transmit for Your Lordship's informa-
tion, and there certainly can hardly be a piece of more notice-
able legislation extant in the language of any Country. The
vast region Annexed to the County of San Patricio under this
unobtrusive head of a Mail line across a Country in which the
Americans in Texas had never had a settler, (directed to a point
on the Rio Grande, in the long and steady occupation of Mex-
ico) is at least 5 times as large as the whole Country in their
actual occupancy, more extensive than the aggregate size of sev-
eral of the largest States in this Confederacy, or than the Co-
joint Kingdoms of Spain and Portugal:
It certainly seems to me to be safer for Mexico upon the
whole, in the turn that affairs have taken, that the parties in
Texas have set out upon these principles and this scale under the
auspices of the United States, than that they should have fallen
back in the beginning upon the more dangerous plan of quiet
and gradual encroachment. Mexico has less to dread from their
power to conquer these Countries, than to appropriate them by
other principles; And with the attention of the Government of
Mexico awakened to the unmistakable intentions of their neigh-
bours, it is reasonable to hope that they will in due season adopt
a surer mode of arresting the danger with which they are menaced
than they unhappily pursued in Texas from the first moment that
they permitted it to be settled by the Americans, till the last
hours of it's existence as a separate Country. A sounder policy
with respect to other very important and actively threatened
parts of their domain is no doubt still within their power; but
how soon the opportunity of working upon it successfully and
for durable purposes may pass from them, has become to be a
disquieting question in many points of view. It is manifest at
all events that there is no time to be lost and that their Meas-
ures must at once be broad and decisive.
Congress in Texas, before it's separation, had passed an Act
changing the period of Assembly of the next Congress to the
Month of May 1846, and the President had issued his usual
Proclamation under the Constitution of the Republic for the
election of Members of that Body on the first Monday in Sep-
tember next.
Charles Elliot.
To The Right Honourable.
The Earl of Aberdeen, K. T.
[Enclosure]. An Act to establish certain Mail routes therein
named, and for other purposes.
12
Sec. 1.
Be it enacted by the Senate and House of Representatives of
the Republic of Texas in Congress assembled, that a Mail route
shall be and is hereby established from Bexar in the County of
Bexar to the town of Loredo on the East bank of the Rio Grande,
and from Corpus Christi in the County of San Patricio to Point
Isabel near the Mouth of the Rio Grande.
Sec. 2.
Be it further enacted that all that part of the Republic lying
between the "Nucas" and the "Rio Grande" rivers from the
Gulf to the Northerly One [?] of the Republic not now em-
braced within the defined limits of any County be and is hereby
added to the County of San Patricio, and that this Act shall
take effect from and after it's passage.
Approved.
June 24th. 1845
[Endorsed] Inclosure in Captain Elliot's despatch to the
Earl of Aberdeen. No 22. August. 12th. 1845.
No. 23.
New York.
August 13th. 1845.
My Lord,
I have herewith the honour to forward to Your Lordship two
despatches which I have recently received from Her Majesty's
Minister at Mexico,
14 together with a Copy of my reply to that
marked No 2.
Mr Bankhead wrote under impressions which later intelligence
will have changed, and when that does reach him, I feel assured
he will readily admit that my continued presence in Texas be-
yond the period I did remain there would have been unneces-
sary and unsuitable. I did not leave the Country without care-
ful consideration of the situation of circumstances, and I believe
that my absence from the Country during the Session of Con-
gress and the Convention has prevented the entire abrogation of
the remaining Authority and influence of the Government of
Texas.
Inconsiderable as that influence is, Your Lordship will never-
theless desire that it should not have been extinguished, for it
may be depended upon that it will be exercised beneficially, if
any favourable opportunity or change of public sentiment should
come about. I am as near the theatre of those events as I can
be in the present state of affairs, without aggravating a mis-
chievous spirit, and I am ready to return to it at any moment
that my presence can be useful or prudent.
Charles Elliot.
The Right Honourable
The Earl of Aberdeen, K. T.
[Enclosure]
New York.
August. 8th. 1845
Sir,
I have the honour to acknowledge the receipt of your de-
spatches of the 29th June, and feel assured that the intelligence
I communicated to you from New Orleans on the 3d Ulto. will
have convinced you of the hopelessness, and I trust too of the
unsuitableness and inconvenience of my protracted stay in Texas
at that time.
The result of the Elections for the Convention established the
certainty of the adoption of the Annexation resolutions beyond
a doubt, and with no instructions from. Her Majesty's Govern-
ment as to the course to be pursued by me in that emergency,
and no reasonable doubt that they desired the most perfect free-
dom of action should be reserved to them if it did present itself,
I hope you will agree with me in thinking that it was well I
should be out of the Country before the Congress and Conven-
tion had formally committed themselves to the policy of Annex-
ation.
In writing to Lord Aberdeen on the 12th Inst. I remarked
that, "The Assembly of the Convention perfectly irregular and
"beyond the law of itself, assembled to take into consideration
"the extinction of the Nationality of the Country and with it
"the violation of their Compacts direct and implied with the
"Powers with which they have treaties appears to me to be a
"state of things that had better not have the Countenance of
"any foreign representative. I mean by Countenance such as-
sent as might be inferred from his presence."
I could hardly have left the Country after the late proceed-
ings of Congress and the Convention without some notice of
them to the Government, (and recent instructions have satisfied
me there was no wish I should allude to them). Upon the other
hand I should have had extreme difficulty in remaining there in
a merely observant attitude, accredited to the Constituted Au-
thorities of a Country constrained to signify their assent to the
extinction of it's National existence.
The immediate turn of events in Texas, however permanent
or otherwise that time may prove to be, was unfortunately too
certain before I quitted Galveston (for the result of the Con-
vention elections had been conclusive) and from that moment I
felt that my continued presence was neither necessary nor de-
sirable.—But beyond any reason of my own to that effect I am
fortunately left without doubt as to the general impressions of
Her Majesty's Government respecting my continued presence in
Texas in the event of the success of the Annexation party there,
for in a despatch from Lord Aberdeen dated on the 3d Ulto.
written in the belief that such would be the case His Lordship
lad authorized me to act upon a sanction previously given to me
to come on if I saw fit to any port of the United States where I
should be in the line of my Communications from Her Majesty's
Government. Neither does His Lordship in that communication
give me any instructions as to the course I should pursue, or
the attitude I should observe in the Case which has since pre-
sented itself, and I have no apprehension that I shall have acted
in opposition to his wishes by retiring from the Country at the
time and under the circumstances that I did. The state of
my health, poor as it was, should certainly never have induced
me to leave Texas then, if I had not felt that with the Presi-
dent's proclamation of the 4th June every thing had been ac-
complished that it consisted with my means, (under the spirit
of my Instructions) to attempt, for the preventation of Annexa-
tion, or the mitigation, or modification of it's evil consequences.
And in the further turn of affairs indicated by the Conven-
tion elections I could not but see that my continued presence
there was not merely useless, but destructive of all hope of the
recovery of the people from that condition of delusion into which
they had been wrought by the Agents and press of this Country.
It was manifest that I could not have remained in Texas during
the Session of Congress and Convention without assisting the
purposes of the Enemies of a safe and honourable settlement of
this dispute for my presence there would have been the pretext
for every description of artful misrepresentation and false re-
port. I am sure on the contrary that my departure from the
Country after the plain evidence of the ulterior purposes of Her
Majesty's Government which I induced the President to exhibit,
has already been of service in strengthening a growing return
to a sounder sense of the extent of the sacrifice the people were
making than had hitherto prevailed amongst them.
If Collision can be prevented between the forces of the United
States and Mexico, (a circumstance, however, of which I am
in great doubt, for I must admit my own impression that it is
the deliberate purpose of the Government of the United States
to induce hostilities and so carry all parties in this Country
with them) it is by no means impossible that this whole scheme
may still fail of realization. I did not leave Texas till all had
been done that I could do there, and till it had become clear
beyond all doubt that the really important point from which in-
formation and action must now be looked for in Mexico con-
cerning this affair was from the S. W. of the United States,
And I did not leave Few Orleans till I had received the Presi-
dent's Message, and could furnish you some decisive tidings of
what was to he done from, that quarter.
Our cordial public intercourse, and the kindness and consid-
eration I have always received from you leave me in the full
persuasion that you will willingly give your best and most
friendly attention to this exposition, and admit that in the
state of things known to me in the middle of June, and not
known to you before the middle of next Month, I acted with a
proper discretion in leaving Texas when I did. I transmit an
extract
16 from a despatch I have recently addressed to the Earl
of Aberdeen.
Charles Elliot.
To Charles Bankhead, Esqr.
Mexico.
Copy.
Charles Elliot.
[Endorsed.]. Inclosure No 3 in Captn Elliot's despatch No
23 to the Ear] of Aberdeen. August 13. 1845.
New York.
August 15th. 1845
No. 24.
My Lord,
By the Southern Mail of this Morning I have received a Note
from the Government of Texas in reply to one which I addressed
to Mr Allen on the 13 June.
I have herewith the honour to transmit Copies of these Com
munications and to remain.
18
Charles Elliot.
To The Right Honourable.
The Earl of Aberdeen, K. T.
[Enclosure]
Galveston
June 13. 1845
The Undersigned etc. etc. etc, has the honour to acquaint Mr
Allen that the bad state of his health constrains him to avail
himself of leave of absence to take the benefit of a temporary
change of climate.
He would not like to go away, however, in any uncertainty
as to his return, without offering the President his sincere ac-
knowledgments for the constant public consideration and private
kindness he has received from His Excellency in his long inter-
course with this Government, or without adding to those thanks
his cordial wishes for the continued honour and prosperity of the
Republic and people of Texas.
He requests Mr Allen to convey these sentiments to His Ex-
cellency and to accept for himself the assurances of regard and
distinguished consideration with which He has the honour to
remain.
Charles Elliot.
Copy. Charles. Elliot, To The Eight Honourable. Ebenezer
Allen. Washington on the Brazos.
[Endorsed.] Inclosure. No. 1 to Capt. Elliot's. despatch No
24 to the Earl of Aberdeen. Aug. 15. 1845.
No. 25.
New York.
August 22d. 1845
My Lord,
It may be desirable in the present situation of affairs between
Mexico and this Country to lay before Her Majesty's Govern-
ment some authentic means of forming an opinion upon the
force of the claim of the persons in Texas to the Country they
have legislatively appropriated, so far as that claim is founded
upon population and actual occupancy. With that impression I
have the honour to transmit herewith a paper headed "Return
of the Election for President of the Republic held in the Several
"Counties on the 2d day of September 1844"
21
Your Lordship is aware that the late Election was eagerly
contested, and it is probable that the number of persons en-
titled to Vote, who did not Vote upon that occasion was at least
balanced by the number who did exercise that privilege without
any warrant of law or permanent footing in the Country. The
ordinary estimate of five for each head of a family (a large
vote in the case of Texas) would give an aggregate white popu-
lation of less than 65,000 Souls. And taking the liberty to refer
Your Lordship to Arrowsmith's Map, in connexion with the re-
sults of the accompanying Return, it will further appear that
even of this small population at least 5/6° are settled East of,
or on the Colorado, and more than one half East of, or on the
Brassos. In fact a line struck due South from the S. W. point
of the United States on the Red river, would pass far Westward
of any Texian settlement.
I have been led to draw this subject under Your Lordship's
attention at present, from an impression, gathered some time
since in quarters where mistake was not likely, that it was at
one time the idea of the Government of the United States to
limit their pretensions to the Country actually legislatively rep-
resented in the Congress of Texas. And it may be that the late
prodigious extension of the Country of San Patricio was made
in Texas with the purpose to strain their claim upon the Gov-
ernment of the United States within that pretence, before the
arrival of the United States troops beyond the Sabine.
In fact it must be admitted that so far as the Act of the
Texian Congress is a warrant for the Military occupation of the
country at all by the United States, the Officer in Command
of those troops, is as much bound to defend what is legislatively
described to be the County of San Patricio as any other Con-
cessional division of the Country. In this view it would of
course be justifiable to drive in all the Mexican posts or set-
lements East of the Rio Grande from 42°. N. to it's Mouth,
which amounts however to sheer invasion of Mexico and the
territory acknowledged to be Mexican by the treaties in exist-
nee between the United States and that Republic.
Your Lordship will probably remark what proportion the ter-
ritory in the actual occupation of the Texians bears to the size
of the largest and most popular State in this Confederacy. Large
as that Country is, and poor as yet of population, the remainder
of the unoccupied region constituting Texas according to the
Mexican
territorial division is considerably larger. So far there-
fore as space is considered, to population and it's neces-
sities, there can be no need for absorbing the immense region
beyond the just mentioned Mexican division, completing the
Texian legislative description of the Country; a region more
than twice as large as that in their actual possession, and con-
taining a Mexican population very little short of their own
numbers.
Charles Elliot
To The Right Honourable
The Earl of Aberdeen, K. T.
P. S. I have joined to the accompanying return a letter which
I have extracted from a recent United States Newspaper, and so
far as I have had any means of judging I should consider it to
be sufficiently correct. It connects itself naturally with the
subject of this despatch as shewing not only the numbers and
situations of the population in the territory claimed to be Texas,
but the Citizenship of the parties by whom this dismemberment
of Mexico is proposed. With the exception of two they are all
born Citizens of the United States, who for the most part have
come into the Country, with the bulk of the population, since
the declaration of Independence.
22
They at least could have no better practical reason to com-
plain of Mexican oppression, than they have right, or shadow of
pretext for giving away to the United States large portions of
that Republic, in which there never yet has been a Texian Set-
tlement. I have thought it may be convenient at present to col-
lect any details which may serve to establish the true character
of any title to those regions, dependent upon Texian assignment.
Charles Elliot.
A copy of this despatch has been forwarded to H. M. Minister
in Mexico.



No. 22.
Her Majesty's Consulate
Galveston
August 23d. 1845.
My Lord,
Since the date of my despatch No 18, of the 24th Ultimo,
troops of the United States have been moved to the Western
frontier of this Country. Dragoons, to the amount of about four
hundred and fifty, entered by land and proceeded towards San
Antonio; infantry, estimated at about fourteen hundred, were
transported by water from New Orleans to Aransas Bay, and
thence to Corpus Christi and its neighbourhood. I am informed,
on apparently good authority, that this force is to be speedily
increased to an aggregate of between four and five thousand men.
Farther reinforcements, had been shipped at New Orleans, about
the 15th Instant, and the whole amount of United States troops
now on the Western, or South Western, frontier is stated to be
some twenty two, or twenty three hundred men.
I have made particular inquiry on the point, and have been
assured that General Taylor, the Officer in Command of the
United States troops in Texas, has assumed a position at Corpus
Christi, West
of
the
river
Nueces,
and according to accounts pub-
lished in the "Galveston Civilian" of this day, was "busily en-
gaged in fortifying it."--The occupation, of this position seemed
to indicate a determination on the part of the United States to
follow up the pretensions of Texas to the boundary of the Rio
Grande--extending, as mentioned in my despatch No 18, be-
yond the limits of Texas proper, into the Departments of Coa-
huila, Tamaulipas, Chihuahua, and New Mexico.
A Military officer bearing despatches for General Taylor, ar-
rived in Galveston, from New Orleans, on the 20th Instant, and
left the next day in a revenue Cutter for Corpus Christi.--Ap-
prehension of approaching hostilities between the United States
and Mexico has been excited by the Military Movements directed
by the latter,--and reports (the value of which I am unable to
determine) are current that Mexican troops have crossed to the
North Eastern bank of the Rio Grande in considerable strength.
By the latest accounts from Austin, it was anticipated that
the Convention would close its labours on the State Constitution
and rise about the 20th. Instant.--I have sometimes thought
that it would have been well had I been enabled to obtain infor-
mation of the proceedings of the Convention from a direct and
authorized source. Some arrangement of this kind might also,
perhaps, be desirable in the event of hostilities on the South
Western frontier. Major Donaldson, Charge d' Affaires from
the United States to Texas, sailed in the U. S. Cutter "Wood-
bury," from Galveston for New Orleans, on the 10th. Instant.
H. M. S. "Persian," which left Galveston Roads for Vera
Cruz, on the evening of the 16th. ultimo, arrived at her port
of destination on the 24th. of the same Month, and I have
learned, from Her Majesty's Consul at Vera Cruz, that the De-
spatches transmitted by the "Persian" have been forwarded to
the City of Mexico the day of her arrival.--As the winds were
unfavourable, the quick passage made by the "Persian" appears
to be worthy of remark.
Since the communication which I had the honor to address
to Your Lordship on the 24th ultimo, I have received no official
intelligence from Mexico.
William Kennedy.
The Earl of Aberdeen, K. T.
FOOTNOTES:
on the California coast during the Mexican War. (Appleton, Cyclop. of
Am. Biography.)
despatch No. 20 (July 28th, 1845) to Your Lordship."
Garrison as in "Senate Journal, 9th Tex. Cong., extra sess., 67, 68.," but
is here reprinted as not generally available. The second enclosure, Allen
to Elliot, July 10, 1845, is in Garrison, Diplomatic Correspondence of the
Republic of Texas, III, 1201-1202, in Am. Hist. Assoc. Report, 1908, II.
delegates elected to the Texan Convention, with statistics of birth, nation-
ality, etc. It is here printed as not generally available.
How to cite:
Ephraim Douglass Adams, "Britich Correspondence Concerning Texas", Volume 20, Number 3, Southwestern Historical Quarterly Online, http://www.tsha.utexas.edu/publications/journals/shq/online/v020/n3/contrib_DIVL4080.html
[Accessed Sun Nov 23 3:29:23 CST 2008]



