USA > Texas > The history of the republic of Texas, from the discovery of the country to the present time; and the cause of her separation from the republic of Mexico > Part 11
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"For if by this article French citizens, consuls, and diplomatic agents, are to be placed upon the footing of the most favoured nation until a definitive treaty be arranged, what more satisfactory regulation can be devised under present circumstances ?- Even this clause is altogether foreign to the question, as M. Baudin is no doubt perfectly well aware, but in order that the friendly in- tentions of the Mexican government should not for a moment
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be doubted, the undersigned from the beginning hastened to include it in the preliminaries. Therefore, it appears to the undersigned more expedient that M. Baudin desists from the first article of his proposed convention, and instead thereof consent to introduce that proposed by the undersigned, which is perhaps more extensive and certainly more agreeable to the national wish, seeing that it is grounded upon treaties already ratified and agreed to with other nations.
"But if the undersigned experiences serious difficulties in adopting the 1st article of the proposed convention, he is bound to state candidly that to the 2nd he must totally dissent. In this it is stated that the forthcoming definitive treaty is to be based upon the declarations of 1827, and more especially upon the 7th, 9th, and 11th articles already mentioned. Such a stipula- tion would give to the present arrangement the appearance least likely to conciliate the reciprocal interests of the two countries ; for to the world it would seem as a coercive measure, brought about by intimidation ; the naval forces of France being em- ployed to compel the republic to treat upon conditions already laid down, as based upon an agreement which, as has been shown already, was not, and is not sanctioned by the general congress. And it is more particularly now the duty of the undersigned not to give the least occasion for unfavourable conclusions, since M. Baudin having left to join his squadron, numerous incidents in- dicate the approach of hostilities. The Mexican government cannot understand that his Majesty would wish to exact as the conditions of intercourse between the two countries, better and more favourable terms than those stipulated for with other na- tions. The undersigned cannot believe that such is the intention of his Majesty or of his plenipotentiary, and will proceed to make a frank and clear explanation upon the subject of most import- ance and interest in the opinion of his Excellency M. Baudin, which he has modified several times in the different plans pre- sented, and finally has merged in the provisional declarations of 1827. The undersigned alludes to the retail trade exercised by the French residents in the republic.
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MEXICAN REPLY TO FRANCE.
"The undersigned has already mentioned to M. Baudin, that this subject having nothing whatever to do with the differences in dispute, should never have been brought forward. Like other foreigners the French exercise a retail trade, and up to the present complain not either of bad treatment or want of protec- tion. Neither the government nor congress are thinking of restricting or prohibiting this description of trade to foreigners. and the fears excited amongst some have no other foundation o; origin than the present differences. Whenever it shall be found necessary to adopt a measure of this description, [which according to the 9th article of the convention (XXXI.) cannot be confined to the French alone, ] the utmost delicacy will be observed, and every principle of the strictest equity and justice adhered to, so as not to give the slightest ground of complaint to the govern- ment of his Majesty nor to that of any other power. The guarantees which M. Baudin desires to obtain with the declara- tions of 1827 are not greater than those stipulated by other treaties. The undersigned declares that existing differences being settled between the two countries, it will be easy to come to an arrangement on this point, which will be agreeable to the French cabinet, cause no detriment to the rights of the republic- and by change of circumstances be conformable to the national wish. His Excellency the French plenipotentiary cannot fail to give due weight to the remarks of the undersigned on this head, which in point of fact may be comprised in the observation tha: lasting and friendly relations between the two countries are more securely and firmly based upon reciprocity of interests and good offices, than on arrangements which partake more or less of the influence of passing and temporary circumstances. From the above observations it may be deduced that the 9th article of the present agreement is the most suitable for maintaining preser: relations between France and Mexico, besides being sure of approval in the Mexican congress, being based entirely upon treaties already sanctioned and ratified.
"The 3rd article of the plan proposed by M. Baudin, is in substance the same as the 7th of that now proposed, but the
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language of the latter is perhaps more consonant to the consider :- tions justly due to the Mexican government. Wherefore undersigned has made a few trifling variations, such as subs _- tuting for the phrase, 'debts whereof the justice has been reais- nised,' that of ' recognised debts,' which expresses the same ides.
"The 4th article of M. Baudin's plan, relating.to the payme :: of the indemnity claimed, differs from the 2nd article of the as- companying convention, in the sum stated, in the period wie payable, and very particularly so in the terms in which it is drawn up. On this subject the Mexican government, obeying the frank and disinterested character of the nation, desired = undersigned to exercise the utmost latitude in money matters His Excellency M. Baudin cannot but admit, that whenever subject of pecuniary claims was brought forward, not only was the most favourable disposition to satisfy them constantly maxi- fested, but that the undersigned even waved any lengthy dis- cussion on the subject, whether as it related to the amount claimed or to the unfair application of the principles on which the demaz : was sustained. Even now the undersigned will touch but ligt; upon these topics ; on the total want of revised accounts of different claimants; of the inaccuracy of many that have beec. presented ; of the singular freedom of fixing at once the sum :: 600,000 dollars : and, finally, of the strange character of :... greater part of these claims. But to enter upon any detale examination of these different points, would be opposed to :.: sentiments of conciliation, which the undersigned wishes to per- vade the whole of this communication. Nevertheless he cannot. ought not, to pass over in silence the fact, that the governthe! : of the republic has not wished to risk a rupture between the two countries for the sake of 600,000 dollars; that it has remetz- bered what was due to the interests of peace and humanity. a. much as to the mercantile and political relations with other powers, and above all, that in this particular it could yield with a good grace, without being wanting to its name or dignity. Such, however, is not the case with the sum of 200,000 dollars claimed for the costs of the French expedition ; because the
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MEXICAN REPLY TO FRANCE.
Mexican cabinet having done its utmost to avoid a quarrel, can- not be responsible (and this the undersigned protested in his letter of the 30th of March last), neither for the expenses nor any other evils contingent upon the rupture between France and Mexico. The Mexican government appointed a minister to the court of his Majesty, who was neither received nor listened to until after the orders were given for dispatching the naval forces for blockading the Mexican ports ; the government, in like man- ner, proposed the arbitration of her Majesty the Queen of Great Britain, which was equally refused; and, lastly, urged by all means in its power the envoy of his Majesty to make a friendly arrangement, founded upon equitable principles of the questions in dispute. It is the republic which has most reason to complain ; it is the Mexican nation that has an undoubted right to complain of proceedings which has deprived it of its chief resources ; which have served to derange its social system, and to place in immi- nent peril its dearest interests ; its agricultural, commercial, and mining interests, all have suffered, and are suffering from the blockade, and the evils resulting from this state of things ought to weigh upon her Majesty's government. True to its principles, however, the republic renounces, without hesitation, its rights acquired by so many sacrifices, and is not desirous that they should serve as an obstacle to any honourable arrangement; but it never can consent to pay the sum of 200,000 dollars in the , shape of an indemnity, for the costs of a naval expedition, since this demand, made in such a peremptory manner by the govern- ment of a rich and flourishing nation, to that of one whose re- sources it has attacked and enfeebled, is so unjust and menacing that it cannot be admitted without staining the national honour. The undersigned is equally at a loss to understand how, under such circumstances, his Excellency M. Baudin could venture to insist that the entire sum was to be paid within one month.
" If upon this point his Excellency the Rear-Admiral should think that the undersigned has expressed himself rather warmly, he will find such not the case, with the 11th article of his before- mentioned plan. This the undersigned passes over without
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MEXICAN REPLY TO FRANCE.
further comment beyond appealing to his Excellency's own feel- ings of honour thereon, and assuring him that the classification proposed, and the language employed, are too derogatory to the Mexican nation to be admitted, at the same time they reflect little credit on his Majesty's government.
"In what relates to the 5th article of the plan of M. Baudin, it is essentially the same with the 1st of the convention, only the word " contiene" (agrees) is left out, and one or two others of no import.
" With respect to the 6th article of M. Baudin's proposals, and- the 8th of this convention, the difference consists in that the Rear-Admiral has stipulated no fixed period, except in general terms, for the withdrawing of the French forces from the coasts of the republic, while the undersigned has proposed the ample and sufficient period of twenty days, reckoned from the date of the delivery of this convention duly ratified to the said plenipo- tentiary.
"The 7th article of M. Baudin's proposals agrees entirely in the leading points with the 3rd and 4th of this convention, as far as relates to the mutual delivery of the ships and cargoes seques- trated by both parties. The only difference consists, in that these last do not express that the said ships and cargoes be delivered in the state in which they may happen to be. This is quite conso- nant to the principles of justice and equity, because it is natural that the losses sustained by individuals of each nation during the sequestration, should be made good according to the most obvious principles of common right. On the other hand, the undersigned has the satisfaction to assure Rear-Admiral Baudin the difference upon these articles is not likely to lead to any disagreeable conse- quences between the two governments. What the undersigned prin - cipally desires is, that the convention be such as to bear presenting to the republic and to the whole world, without reflecting upon, or compromising the honour of the nation.
" The plenipotentiary of France will observe that the under- signed has judged it expedient to introduce into the accompanying convention (as already indicated to his Excellency) the 5th
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article, whereby both governments mutually agree, for the sake of peace, to wave whatever pecuniary claims might arise out of the present differences. Neither the stipulations nor the terms employed convey any thing unfriendly. The undersigned might argue at great length upon the perfect justice of the complaints and claims which the Mexican government might make on ac- count of the injuries occasioned by the blockade and other hos- tile measures adopted, but it is not his object to give to this do- cument, which probably will determine the question of peace or war between the two countries, any appearance of a recriminatory character.
" Respecting the demand of the French government as relates to the question of forced loans, his Excellency M. Baudin will find in the 6th article the subject satisfactorily arranged, according to the wishes of her Majesty.
" From all the preceding, it results that the Mexican govern- ment consents to pay the sum of 600,000 dollars, within the space of six months; not to impose in future any forced loans ; not to claim from the French government any reparation for losses or damages sustained in consequence of the hostile mea- sures adopted against Mexico ; to pay the credits admitted to be due to French citizens ; and lastly, to stipulate that French agents, consuls and residents shall, in all respects, be placed on the same footing as the most favoured nation, on condition of au equal reciprocity, until such time as a definitive treaty be con- cluded with France.
" The government of France insists on the payment of 200,000 dollars, for costs of the naval expedition : that the declarations of 1827, shall regulate provisionally the relations between the two countries, and that they serve for the basis of any future treaty, particularly the 7th, 9th, and 11th articles : that all ships, vessels, and cargoes sequestrated during the blockade, be delivered up in the state in which they may then be, without the least right to make any claim for whatever damage they may have sustained, neither on the part of the government, nor of the individuals interested therein; that the delivery and payment of the 600,000
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dollars, and of the 200,000 dollars more, be completed within one month. Finally, the style adopted by his Excellency the French plenipotentiary, in drawing up his conditions, has throughout been very different from that used by the Mexican minister.
" Although his Excellency has plainly told the undersigned that his government will not consent to subject its disputes with this country to the arbitration of Great Britain, he cannot refrain from repeating this proposal, and with more force than ever, because the two governments being agreed on the most essential points, a rupture could hardly be justified upon the other and minor questions, which can only be considered as accessory. The arbitration indicated above is the most suitable, and his Excellency M. Baudin may be assured that it is conformable to the sentiments and wishes of her Britannic Majesty. The go- vernment of Francecan not fail to see, in this renewed proposal, a fresh effort of that of Mexico to preserve peace ; indeed, after the declared opposition of M. Baudin, it would seem hardly decorous that it should do so -- but in favour of peace Mexico is willing to wave this consideration. Let this be admitted as relates to the points in question, and the actual differences would speedily be terminated in a satisfactory manner.
" The undersigned has just received despatches from the mi- nister of the republic at Washington, with copies of communications addressed by the United States Secretary of State to their envoys in Paris and London, informing them of the wishes of his govern- ment, that they should use their endeavours to terminate favourably the differences now pending between France and Mexico. And the President of the United States has officially declared, that if he had not offered his mediation to his Majesty's government, it was because he was aware that her Britannic Majesty had, with the same views, already offered hers; but he was desirous that the French government should be acquainted with his sentiments and readiness to contribute in any useful manner to bring about a satisfactory settlement.
" If this long statement (indispensably rendered so by the abrupt termination of the conferences occasioned by M. Baudin's
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departure) is founded upon reason and justice, and the mutual interests of both countries, the undersigned cannot comprehend how his Excellency, the plenipotentiary of his Majesty, can refuse the accompanying convention, or the renewed proposal to refer the questions in dispute to arbitration, without failing in the solemn protests made to the Mexican cabinet. The honour of France and that of Mexico, said his Excellency, are perfectly compatible, and France neither demands nor desires any thing beyond what is just and reasonable. It is unfortunate that since the departure of M. Baudin, the present negociation has assumed a very different character to what was expected from his mission ; and his Ex- cellency will not be surprised when the undersigned assures him, that from the moment in which he announced his departure for Sacrificios, he had an unquestionable right to consider the nego- ciation at an end. His Excellency having agreed with the undersigned to hold in this city the necessary conferences for arranging the pending differences in a satisfactory manner ; neither of them could have contemplated fixing such a short period as four days, for settling questions of such high impor- tance. Nevertheless, the undersigned has not desired to consider his mission as terminated, because M. Baudin having informed him, that his departure was the result of unavoidable circum- stances, he wished not to lose the last chance of a reconciliation, which the interests of both countries, of others with which Mexico is in friendly relations, and the dearest rights of humanity so imperiously require. Thus it is that he has not hesitated a moment in prolonging his stay in this city until the conclusion of this important affair, and therefore waits the reply of his Excel- lency to this note.
" These endeavours have no other origin than in the unani- mous feeling of the Mexican government, of the necessity it is under to justify fully to the world its entire proceedings connected with this important question. Acting in behalf of a nation which alone has achieved its independence, which has shed with profusion its blood in defence of its rights, it could neither yield to the impulse of unworthy fear, nor be wanting to a due consi-
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NEW PLAN OF ADJUSTMENT.
deration for itself. The French government, which so unjustly has attacked it, may occasion evils of great magnitude, it can occupy some points of the coast, paralyze the foreign trade, and cause the loss of many lives. The undersigned is aware of this, and confesses it without hesitation; and for the same reason he desires that the French cabinet should understand that the Mexican nation, whatever may be its government, whatever its institutions, and whatever its misfortunes, will never for an instant listen to any proposals unworthy of its independence. War may rage, costing much blood to French and Mexicans alike, and thus perpetuating bitter hatreds between the two nations. Their respective governments will not be able to efface in many years the desolation occasioned by war, and France will never be able. to justify her conduct. Mexico, on the contrary, can at all times appeal with confidence to the annexed convention in proof of the justice of her cause.
" The undersigned has the honour to reproduce to his Excel- lency the plenipotentiary of France the securities of his distin- guished consideration.
" LUIS GONZAGA CUEVAS."
A new plan of adjustment accompanied this communication, the receipt of which was never acknowledged by Admiral Baudin, except in the subjoined despatch of the French admiral's to the general commanding the department of Vera Cruz :-
" His Majesty's frigate, Nereide, off Vera Cruz, 27th November, 1838.
" Excellent Sir,-
" I have received your two notes of this day's date, the one of a public, the other of a private nature, accompanying me a des- patch from his Excelleney the Minister for Foreign Affairs.
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ADMIRAL BAUDIN'S DESPATCH.
" I have no time at present to reply to the minister, but I beg of you to inform him that the period I had fixed expires to-day, and that no answer has been sent me sufficiently satisfactory to the honourable and moderate demands of France : I am there- fore under the necessity of commencing hostilities.
" It is now a month since I arrived off Vera Cruz, and I have performed to the best of my ability every thing that reason and humanity can desire, to avoid a rupture between the two coun- tries. God is witness of the sincerity of my endeavours to obtain this result. My mission of peace is concluded-that of war begins. Would to God that all the ills consequent thereon fell solely upon those men whose iniquity and pride have occa- sioned this result. I again recommend to the consideration and humanity of your Excellency the safety of my countrymen who are in Vera Cruz, and beseech you to admit the assurances of my esteem and high consideration.
" CHARLES BAUDIN.
" To his Excellency D. Manuel Rincon, Commandant General of Vera Cruz."
Immediately on the receipt of this despatch, the French admiral, notwithstanding that he obtained all that was required by France, made arrangements for attacking Vera Cruz. Accordingly a large body of men were landed at the Mole from the blockading squadron, about two hours before day-light. The barracks where Arista and Santa Anna were quartered was surprised and the former taken prisoner, but Santa Anna made his escape, and commenced mustering the soldiers of the garrison, who were flying in all directions. Having armed them in the best manner he could, he
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PROWESS OF THE MEXICANS.
led them against the French, and a stubborn con- flict ensued in the streets of Vera Cruz. The French, although they were led by the Prince Joinville and Admiral Baudin, soon found that the Mexicans were more than a match for them, and were eventually obliged to make a precipitate re- treat, in which they were closely pressed by Santa Anna, who, just as he was leading the garrison towards the Mole, lost his leg. This untoward event saved both the French prince and admiral from being made prisoners.
I have introduced the Mexican foreign secretary's note at length, in order to show that the Mexican statesmen are not the imbeciles they are represented ; but on the contrary, that they are alive to the courtesy which is due from one nation to another, and that in their intercourse with foreign powers they are actuated by a profound sense of propriety, justice, and humanity. In giving also a brief account of the engagement between the French troops, and the Mexicans under Santa Anna, which ended in the complete defeat of the former, my object is to show that the prowess of the Mexicans is by no means contemptible in a military point of view, and indeed it cannot be denied that the Mexican must necessarily be brave, enterprising, and inured to all hardships and dangers incident to the most active life of a soldier, exposed as he is from his earliest infancy, first, to hostile Indians, men of inexhaustible energy, vigilance, and supe-
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DIVERSION OF THE MEXICAN TROOPS.
rior physical characters ; secondly, to wild beasts, many of them the most deadly enemies of the hu- man race; thirdly, to mortal conflicts that arise from petty brawls, at almost every stage of life ; and lastly, to the constant dangers, scenes of blood, and vicissitudes of revolutionary wars. These, the daily incidents of a Mexican's life, tend to pro- duce that recklessness and disregard of existence which have at all times been deemed almost an indispensable ingredient in the composition of a soldier, and therefore I have no hesitation in saying that if the Mexican troops were but once brought ยท into a proper state of subordination, and her people generally united, they would, in the event of another invasion of their country, convince the world that her shores are not to be invaded with impunity, and that the victories they have already won, unaided and almost without discipline, would be speedily followed by others, even more brilliant, by the simple union of those decidedly martial characteristics of the Mexican nation.
While the Mexican government, by the presence of a hostile French force, was diverted from the Texan question, the troops destined to reconquer Texas, under the orders of General Bravo, were called away and successfully employed against the French, who were obliged to have recourse to some of their old light infantry movements to secure their retreat; the Texan congress --- which was then sitting and busily engaged, and impelled by L 2
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KENNEDY'S ACCOUNT OF
a singular ramification of apprehensions, which arose from the discontent of the peaceable settlers, the dread of the Mexicans, and complete disorgan- ization of the Texan army,-were the only body of men extant that could have kept pace with the French on this memorable occasion.
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