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              <text>DEPARTMENT OF STATE&#13;
Columbia 11 Feb 1837&#13;
&#13;
I am instructed by the President to direct you to enter into such negotiations with General Santa Anna or any of the authorized agents of Mexico as may in your opinion and judgment advance the interest of Texas and bring about a termination of the present war between the two Countries, as regards the terms of said intended treaty you are to be the sole judges.&#13;
&#13;
In great haste&#13;
Very respectfully &#13;
J PINCKNEY HENDERSON&#13;
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&#13;
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              <text>Duplicate. &#13;
COLUMBIA, TEXAS, 4th July 1836. &#13;
His Excy. PRESIDENT ANDREW JACKSON. &#13;
REGARDED SIR, &#13;
In fulfilment of the duties which a public man owes to his native country and to honor, I came to this Soil at the head of six thousand mexicans. The disasters of war, which circumstances rendered inevitable, have reduced me to the situation of a prisoner, in which I still remain, as you will no doubt have been informed. &#13;
The good disposition manifested by Don Samuel Houston, Commander-in-chief of the Texian Army, for terminating the war, and by his Successor, Don Thomas J. Rusk; the determination of the President and Cabinet to make an honorable arrangement between the contending parties, and my conviction; have given rise to the Agreements, of which I annex copies, as also of the orders issued by me to General Filisola, my Second in command, for him to retire with the remainder of the mexican Army, from this river Brazos, where he then was, to the other side of the river Bravo del Norte. &#13;
As there was no doubt that General Filisola would scrupulously fulfil all that part which related to him, the President and Cabinet had taken measures for my return to Mexico, to enable me to complete the other stipulations and I had, in consequence, embarked on board the Schooner Invincible, which was to convey me to the Port of Vera Cruz; but, it unfortunately happened, that some indiscreet persons raised a tumult, which obliged the Authorities forcibly to land me and again to place me in close confinement. &#13;
That incident prevented my arrival at Mexico, since the beginning of last month, which has induced that Government, ignorant, no doubt, of what had occurred, to take the command of the Army from General Filisola, ordering Genl. Urrea to whom the command has been given, to go on with his operations, in virtue of which, the latter General is now at the river Nueces, according to last accounts. &#13;
In vain have some men of foresight and well-disposed, endeavoured to show the necessity of repressing the passions and of my return to Mexico, as it was agreed upon. The excitement has gathered strength with the return of the Mexican Army to Texas. Such is the present state of affairs. The duration of the war and its disasters are therefore necessarily inevitable, unless a powerful hand interpose to cause the voice of reason to be opportunely listened to. It appears to me, then, that it is you who can render so great a service to humanity, by using your high influence to have the aforesaid Agreements carried into effect; which, on my part, shall be punctually fulfilled. &#13;
When I agreed to· treat with this Government, it was under the conviction that for Mexico to continue the war, was unnecessary. I have acquired correct information of this country, of which I was ignorant four months back. I am sufficiently zealous of the interests &#13;
of my country not to wish for her that which is most suitable. Always ready to sacrifice myself for her glory and welfare I would not have hesitated to prefer suffering torments or death, rather than consent to any arrangement whatever, if by such conduct an advantage had accrued to Mexico. My full conviction that it is more expedient to settle the present question by political negotiations, is, finally the sole motive which induces me to agree sincerely to what has been stipulated. In the same manner do I make to you this frank declaration. &#13;
Be pleased, then, to favor me with like confidence: afford me the satisfaction of preventing evils near at hand, and of contributing to do the good which my heart dictates: let us establish mutual relations to the end that your Nation and the Mexican may strengthen their friendly ties and both engage amicably in giving existence and stability to a people that wish to figure in the political world; in which they will succeed within a few years, with the protection of the two Nations. &#13;
The Mexicans are magnanimous when treated with consideration! I will make known to them with purity of intentions the reasons of conveniency and humanity which required a frank and noble conduct, and I do not doubt they will adopt it, when conviction has worked upon their minds. This manifestation will convince you of the sentiments which animate me, and of those with which I have the honor to be, &#13;
Your very devoted, obedient Servant &#13;
ANTO. LOPEZ DE SANTA ANNA. &#13;
A tnle translation. &#13;
Velasco 8th July 1836.</text>
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&#13;
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&#13;
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              <text>Despatch No. 2&#13;
SUNDAY DECEMBER 28TH 1836 &#13;
SIR. &#13;
The Presidents message in relation to Texas has been communicated and has surprized every body. It has pleased no party "en-masse" except perhaps the abolitionists. Many of our administration friends dislike the delay recommended in relation to our recognition. Speculations are various in regard to what prompted the President to take this course. Some say it was the work of Mr. Van Buren for the purpose of transferring the responsibility from the Administration to Congress and that the President will recognize immediately if Congress recommends it by a Majority of even one. Others say that from the dissatisfaction and departure of Gorostiza, on account of the movements of General Gaines that the United States apprehends difficulties with Mexico, and do not wish to give this new cause of offense, Viz. recognition believing that it will be difficult enough to explain to the world the causes of dissatisfaction already existing. Others say that the administration expect to acquire Texas by treaty with Mexico soon and thus remove all cause of complaint. Others say that Santa Anna is still viewed as President of Mexico. That he is shortly expected here and that if he treats with me and recognizes Texas, the Administration here will recognize and guaranty the treaty. I am at a loss to conjecture the true cause of the movement. Congress will probably recommend a recognition in the course of a week. If so, I think it will be made. I have not yet seen Morfits report although I have no doubt of its being extremely unfavorable. I will send it as soon as it can be had and if it contain any misrepresentations, you will certainly have them disproved immediately and the disproof forwarded to me to be used here in our defence. Governor McDuffies Message has produced an universal astonishment, but Gen. Hamilton has completely nullified and repudiated it in his report in the Senate of South Carolina all of which are herewith sent.&#13;
The report of a new invasion of Texas by Mexico under Bravo has given an excuse for a delay of our recognition which our enemies do not fail to urge. The Invincible and Brutus are detained still in New York for debt. I have no means to release them and no istructions on the subject. All that I can do will be done, for their detention does us at this time particularly a great injury. The amount is about 24,000 dollars as the accompanying documents will show. &#13;
I suffer Crucifixion for want of any information from our Government. I have not as yet received a single letter from Texas. Do write frequently and give me explicit information and instructions on every subject connected with my mission. I have suffered much and am still suffering with a violent influenza. As soon as I am able to go out, I will endeavor to have a secret interview with the British Minister in accordance with my instructions. &#13;
I have the honor to be &#13;
Sir &#13;
Your etc &#13;
WM. H. WHARTON. &#13;
&#13;
MONDAY December 26th 1836 &#13;
P. S. I have delayed this despatch for the purpose of sending a copy of Morfits report along with it. I have barely glanced over it and conceive that if his facts are taken for granted and his fancies and deductions are discarded the report will do us no material disservice. There are however some egregious errors which you will readily perceive. The violence of my influenza has not abated.</text>
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              <text>Despatch No.3. &#13;
WASHINGTON CITY December 31st 1836&#13;
DEAR SIR &#13;
Up to this moment I have not received a single line from Texas, although I have seen in the Mobile papers an extract from the Texas Telegraph published near two weeks after my departure. Could not the same conveyance have brought me a Telegraph and also a letter from you? I implore you again and again to write to me more frequently-at least once a week. You know how embarrassing it is to be asked fifty times a day what news from Texas and to be compelled to reply I have had no despatches. I have received no communications as to what our Government expects from Santa Anna when he arrives here and I am often questioned on the subject by those in office. I have had great attention paid me by the members of both houses of Congress. Three fourths of the administration party and all of the White men and Nullifiers are warmly our friends and deeply deplore the delay in recognizing our independence recommended by the President. Many of them wish to obtain the sense of Congress on the subject believing that a majority will recommend to the President an immediate recognition and if so it will take place instanter. &#13;
I have answered them when they were speaking to me on the subject that my business was with the Executive branch of the Government and that any attempt on my part to appeal from a decision of that branch to Congress or the people would be highly indelicate and injurious to the cause of Texas and that therefore I could not and would not interfere. At the same time I have implored them not to bring the subject before Congress unless they were absolutely certain of success for that a failure would be ruinous. With a few leading devoted and confidential friends and a very few indeed I talk with full freedom. It is folly to talk about annexation untill recognition is secured. I always dissever the two questions and request my friends to follow my example in saying as little as possible of annexation. The mingling of the two questions at present might defeat both and no doubt would. When recognition is secured, We can then talk of annexation. Our warm friends such Senators as Benton Walker Linn Calhoun and Preston very much fear that the delay in recognizing will operate injuriously in Texas and will produce an indisposition in the Government to annex or even to continue its Legation at this Court. I trust that our President and cabinet and people will bear it with fortitude. There is no earthly pretext for the delay but the new invasion under Bravo. If that should reach Texas or should prove disastrous, recognition would immediately ensue and every body with the fullest confidence anticipates one or the other of these results. Texas stands mountain high here for heroism and magnanimity and our enemies as low as can possibly be imagined. The release of Santa Anna has redounded greatly to our character Noone here disapproves of it. All concur in the propriety of our being ready to act on the offensive in the Spring as recommended in my letter from Maysville by General Chambers. &#13;
The President is much better but still too feeble to attend to much business. I have said that the prospect of the new invasion furnishes the only pretext for delaying our recognition. I mean that this is the only excuse that can be given to the World for the step. As yet I am fully aware that a strong but secret reason for delay is the expected arrival of Santa Anna and the prospect of a treaty with him which will satisfy Texas and Mexico and at the same time save the United States Government in the eyes of the world from all imputation of having aided in our revolution or of having recognized us too promptly. This reason of course will be soon productive of the desired result, namely recognition or will cease to exist. I again repeat and recommend forbearance. Our Just our paramount claims have certainly been most unnecessarily postponed. Yet I have every confidence that our recognition will certainly take place during this session unless the enemy should be successful in their invasion which nobody for a moment anticipates. If we break off here too there is no reason to believe that any other power would treat us more kindly. Our failure of success at this court which is near us and well acquainted with our political condition would be an argument against us at a remote one entirely ignorant of our situation. &#13;
The Brutus is by this time most probably released and Ssm Williams and myself offered to pledge all we are worth for the release of the Invincible. The negotiation is not yet effected however. &#13;
I trust that James M Wolfe Esq. has been appointed Secretary of legation and that his Credentials will soon come on. Independent of his indefatigable labors in our cause for more than a year, since being connected with me in this mission, his conduct and attention to business have been most exemplary and his services invaluable. Indeed I could not half get along without him &#13;
I have the honor to be &#13;
Yrs etc. &#13;
WM. H. WHARTON &#13;
Copied in Book No.1 of legation &#13;
J. M WOLFE &#13;
Secretary etc</text>
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              <text>Despatch No.4. &#13;
WASHINGTON CITY January 6th 1837 &#13;
DEAR SIR &#13;
Not a line from home up to this date! How long must this continue to be the beginning middle and end of my communications! How long must I be compelled to suffer the great embarrassment which this silence of the grave inflicts upon me! &#13;
On the day before yesterday the Hon. Mr. Forsyth addressed me a note requesting an interview (informal of course untill we are recognized) at the department of State. I attended punctually and he informed me that the object of the interview was to lay before me a despatch which this government had Just received from Mr. Andrew Stevenson Minister Plenipotentiary near the Court of England. Mr S. stated that in obedience to instructions he had had a special interview with the Premier Lord Palmerston in relation to the part which England was disposed to take in the war between Texas and Mexico. He asked Lord Palmerston if Mexico had not applied to England for aid and intervention and he informed his Lordship very promptly that the United States would not permit the interference of any European power in that contest. His lordship replied that Mexico had applied indirectly, but that his Government had positively refused to to listen to any propositions on the subject that England would not in any way intervene or interfere and that she was entirely satisfied with the neutral course pursued by the Government of the U. S. since the commencement of the Texian revolution. Mr. Forsyth authorised and indeed req[u]ested me to communicate the purport of this despatch to my Government. Similar opinions have been expressed by Mr. Fox the English Minister near this Court, and it is believed by those who are best informed on the subject that England anticipates the annexation of Texas to this nation as an inevitable event and is prepared to witness it without opposition or murmuring. &#13;
Not from Mr. Forsyth but from a source equally official, I have learnt beyond doubt that the French Government take the same view of the matter. The French Minister said during the last summer that his Government had no more right to interfere in regard to Texas than  had the government of the United States to interfere in the affairs of Belgium or any other Country bordering on France. So it seems that the fear of offending foreign powers need no longer prevent this government from recognizing or indeed annexing Texas. &#13;
In the course of conversation I asked Mr. Forsyth if he thought that a treaty of annexation would be ratified by Congress, after our recognition. I told him that even admitting we were recognized by this Government yet if we were not annexed, if we had to remain independent our best interests demanded that we should be apprised of the fact as soon as possible that we might immediately proceed to institute diplomatic relations with England France etc etc for the purpose of procuring our recognition forming treaties of amity, commerce etc. etc. I beg that what I am about to state as occurring between myself and Mr. Forsyth and the President will be considered as sacredly confidential. The publication of it under any possible circumstances would be extremely embarrassing and indeed unpardonable for some time to come. Mr. Forsyth replied to me that various conflicting sectional interests in Congress would have to be reconciled before annexation would be agreed to. I answered that I was well satisfied of that, and the object of my question was to learn from him whether in his opinion (after calculating and weighing materially (as no doubt he had done) all the objections and obstacles) a treaty of Annexation made by this Government would be ratified by Congress. He answered in the affirmative but said he thought it would be best done under the administration of a Northern President (Mr Van Buren for instance) &#13;
This you see is a postponement of the subject of annexation untill another session of Congress probably for several years it may be forever. Our Government will then duly consider whether the issue of the question of annexation is not too distant and doubtful to Justify the postponement of the institution of diplomatic relations with other powers untill after it shall have been decided. It is said by many and not without foundation that Mr. Van Buren himself is anxious to have the glory of annexing Texas under his administration. I am myself compelled to belie've that Mr. Van Buren is in favor of annexation and that nothing under heaven, but the opposition of Texas can postpone it longer than two years at farthest. I predicate my opinion upon information of Mr. Van Burens views derived from his most intimate and confidential friends, also upon the good sense of the Northern Statesmen. &#13;
The Northern Abolitionists and fanaticks will of course always oppose annexation, but the Northern Statesmen who consult the interests of their constituents as much as any other people clearly perceive that even with the present limits of the United States, the preponderance of political power will very soon depart from the North and permanently reside in the South and West. When the North has once and forever lost her political ascendency she will not object to an almost indefinite extension of the agricultural interest of the south and West, for the North will in that case become the Carriers and Manufacturers of a more extensive region which is all that they then will or need aspire to. Again this government cannot and will not consent to see an independent slave holding community existing contiguous consuming as they will the manufacturies [sic] of Europe alone and presenting a formidable rivalry to the Cotton and Sugar growing interest of Louisana and Missippi and the whole South. I have other reasons inducing this belief unnecessary to be detailed here. To be brief I believe that this Union will dissolve should the North obstinately oppose the annexation of Texas. The North seeing this and knowing that they would be the greatest sufferers by a division, that their misfortunes a would in such case find no market, that their carrying trade would be greatly curtailed, indeed the North finding that they would well nigh starve, would be forced even if against their will into the measure. I have given it as my opinion that annexation cannot be postponed longer than two years unless the people of Texas themselves oppose it. The question for us is will we or can we wait those two years? I design making it my business to see Gen Jackson on the subject to day: I will endeavor to quicken his operations, by telling him what I believe to be true that there is a wish to postpone the question of annexation until after this Session and thereby rob him of the glory of the measure. Understand me I do not in common conversation even hint at annexation now, nor will I until recognition is secured but with friends of undoubted confidence and expanded views I freely discuss the question in all its bearings &#13;
I will now proceed to detail to you a confidential conversation had with the President at his own request. Immediately after the appearance of his Texas message, I procured as many of his friends and of the friends of Texas to visit him as I could, to explain to him their surprise and the unusual surprise at the appearance of such a message coming from him and also to dilate upon the immense injury which it inflicted upon Texas so far as her finances and credit were concerned. He became as I was convinced dissatisfied with the position in which his message placed both him and Texas. My object was to obtain his assent to a move in Congress by his friends recommending to him the immediate recognition of our independence. In this I have succeeded. After many interviews between him and our friends on the subject of his message I called in obedience to his request. As soon as we met I commenced addressing his sense of Justice. I told him that his message had done us as much injury as he could possibly do us unless he were to unite his arms with Mexico and invade us. That it struck at the root of our credit. That without recognition we were begging off our public lands with great difficulty at fifty cents per acre, that with it we could dispose of any quantity at one dollar per acre. That we could get what supplies we wanted, build vessels etc etc with recognition. That we could immediately negotiate our 5 millions loan etc That he was mistaken in supposing that a delay to recognize would do neither party any harm. Of course it would do Mexico no harm, That it would please and animate her. That the Mexicans would have his message printed on Satin and circulated through all the Country. That it would disanimate our friends. That nothing but God himself could defeat our ultimate independence, but that his message would make our road to the attainment of it longer and more thorny. I asked him if he did not conceive us a de facto Government with ample physical ability to maintain our independent national existence. This he did not pretend to question. I told him that we in Texas unanimously thought that this was all that he would inquire into and finding this to be true that he would fearlessly assert it and recognise us regardless of what Mexico or England or any other power might say. &#13;
He replied that the object of his message was to obtain the concurrent action of Congress on the subject. I answered a majority of Congress were in favor of immediate recognition, but that many of the administration party forbore acting for fear of its being considered (after his message) as an attack on the administration. He said that that was all foolishness, he doubted the power of the President to recognize of himself he wished the sense of Congress on the subject and would immediately concur if a majority recommended it. This was all I wanted. His friends will move on the subject during the coming week unless something extraordinary occurs. I hope and believe all will go well and we will be recognized. During the conversation he observed that Santa Anna was still President of Mexico and that If I could make a treaty with him especially through the Charge de Affaires of Mexico now at Philadelphia, that it would be valid. I answered that our claims for recognition were predicated on higher grounds than on any thing Santa Anna could or would do, but that of course I would make all out of him that I could. In regard to recognition however I observed that we claimed it as a right on the score of our being a de facto Government with ability to maintain ourselves and that I respectfully conceived that this Government was bound in Justice and in accordance with former usage to extend to us the sheer Justice of a recognition without reference to any thing Santa Anna could or would say or do. Thus we parted. I repeat it again and again, that Genl. Jackson impressed upon me the importance of the most sacred confidence in regard to our interview which I hereby wish to reimpress upon you. Mr. Forsyth exhibited to me a complaint of the Mate and some other officers of the Brig Pocket, which must be attended to. I told him it was all false I knew,-but I would lay it before our Government and obtain a history of that whole transaction: A Dr. Plantom herewith sends on an invention of his own in reference to railways Canals ect. He wishes a patent from our Government. The complaint it is said we are about making to this Government in regard to the African Slave trade, has already silenced our traducers and rendered us great service &#13;
I have the honor to be &#13;
Yours etc &#13;
WM. H. WHARTON &#13;
Copied in books of legation &#13;
J. M. WOLFE &#13;
Secry.</text>
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&#13;
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              <text>Despatcb No.5.&#13;
WASHINGTON CITY January 15th 1837 &#13;
SIR &#13;
I have the honor to acknowledge the receipt of your official communication of the 10th. Ult and of a private one under date of the 12th Ultimo. These are my first and last accounts from Texas since my departure. In obedience to your instructions I immediately addressed Mr. Forsyth the following note enclosing at the same time your despatch No 3 &#13;
&#13;
WASHINGTON [CITY,] 11th January 1837 &#13;
To the Hon. JOHN FORSYTH Secretary of State &#13;
SIR &#13;
I am informed by Despatches Just received from my government that certain tribes of Indians dwelling within the limits of the United States especially the Caddoes meditate an invasion of the Territory of the Republic of Texas. In consequence of this I am instructed to request and indeed insist that the United States troops should continue their occupation. of Nacogdoches or some other convenient point on the Frontier believing that this government can in no other way promptly and adequately fulfil its treaty obligation to restrain its Indians from committing hostilities within our territory. In conclusion I wish it distinctly understood that the continued occupation of Nacogdoches or of any other point West of the Sabine will settle nothing one way or the other in relation to the boundary between Texas and the United States. This it is our wish and expectation to have established in perfect accordance with the treaty of 1819 between Spain and the United States &#13;
I transmit through the hands of J. M. Wolfe Esq a portion of the evidence on which this communication is predicated I have the honor to be Yrs &#13;
WILLIAM H WHARTON &#13;
&#13;
Mr. Forsyth returned the despatch through the hands of his Chief Clerk with a copy of the instructions of the War Department to the officer commanding on the Texas Frontier He stated that this government had already taken and would continue to take ample measures to restrain its Indians from committing extraterritorial aggressions in contravention of its treaty obligations. &#13;
I am satisfied from conversations with the President and Secretary of State that there will be no remissness on the part of this Government in regard to this delicate and important subject. I have exhibited as you requested my general instructions to the President and Mr. Forsyth. They appeared well satisfied with them. I asked the President if there was any thing unreasonable or objectionable in my instructions. He answered No. I asked him if after our recognition this government would turn a prompt and willing ear to the subject of annexation telling him that although we were recognized yet if we were not annexed we would of course be compelled to institute diplomatick relations with other powers which we had not as yet done on account of our expectation of being annexed. He answered hastily about to this effect, ["] after your recognition there shall be no delay on my part in regard to any matter necessary to be discussed or settled between us" Here our interview and conversation were interrupted by visitors. There is an unwillingness to talk about annexation untill after recognition. After that I will not fail to press the matter so as to have it if possible decided under General Jacksons administration. Now in regard to recognition. I have been assiduous to have it brought forward ever since I ascertained it would meet the presidents wishes if Congress recommended it. I have had a formal interview with the committee of foreign relations of the house of representatives. They propounded to me a thousand interrogatories and I trust that my answers elucidated and strengthened our claims to. an immediate recognition. The tables of the Members have groaned with pamphlets written by the abolitionists for the purpose of injuring and calumniating Texas. Besides many small essays I have finished a pamphlet signed ["]Jefferson" which puts the matter in a proper light and which has done great good. I herewith send some copies of it.&#13;
I have been much with our friends Mr. R. J Walker of the Senate from Missippi. He is high in favor with the departing and the coming administration and has introduced a joint resolution recommending our immediate recognition which is made the special order of the day for Wednesday. I have no doubt of its passing-but politicians you know cannot be firmly calculated upon and I may be doomed to experience a disappointment. But I cannot I will not believe it untill I see it. "Sufficient unto the day is the evil thereof" After Wednesday you shall again hear from me &#13;
Yrs etc. WM H WHARTON &#13;
JANUARY 17th 1837 &#13;
I have opened this communication to say that Col. Bee and Almonte have Just reached this place. They came in the night and day stage and Left Genl. Santa Anna Col. Hockley and Captain Patton between this and Wheeling. They are traveling in a private carriage and may be expected here to morrow. Col. Bee states that Genl. Santa Anna has been well treated on his Journey and has made quite a favorable impression wherever he has been. The Col has &#13;
every confidence in his doing all that he can to bring about peace between Mexico and Texas on the basis of the independence of the latter. I will be able however to know positively his disposition on that subject in a few days. I really regret that you have given me no instructions in relation to any negotiations between Santa and myself &#13;
I have the honor to be &#13;
Yrs ect. W H WHARTON &#13;
Copied in books of legation. &#13;
J.M. WOLFE &#13;
Secry.</text>
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&#13;
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              <text>WHARTON TO HOUSTON. &#13;
No.6. &#13;
WASHINGTON CITY &#13;
2nd. Feb. 1837. &#13;
SIR, &#13;
Not having heard of the appointment of a successor in the department of State to the lamented General Austin, I take the liberty of addressing this despatch to you, as well as my last by the hands of Maj. Patton. In my last, I stated that there would be no action by Congress on the subject of our recognition, until the arrival of Judge Ellis late Charge d' Affaires from this Government to Mexico, who had received his passports and was hourly expected here. The result has shown the correctness of my anticipations. Although the question has been frequently and warmly urged by our friends, the committee on foreign affairs have refused to report, and Congress of course has not acted up to this period, for they will not act without a report from the committee. Fortunately for us, Judge Ellis has arrived and if Congress is disposed to do us justice, his information will warrant an immediate recognition of our independence. Judge Ellis states that Mexico presents a most deplorable picture of anarchy, revolution and bankruptcy and that the threatened invasion is totally impracticable; 1st. from the inability to raise troops; 2dly. from the want of means to sustain them after they are raised .. &#13;
Let it be recollected that the delay in recognising, recommended by the President in his special message was predicated upon the impending invasion, and we would naturally suppose that cessante causa, cessat effectus, and that there was nothing to prevent an immediate recognition at this moment:-nor is there in the estimation of the President or of anyone else, disposed to take a just view of the subject. The President is entirely undisguised and explicit in his views for he told me to see the Chairman of the Committee on foreign relations, which I have done and to tell him that Judge Ellis, if called before the Committee, would convince them in five minutes of the utter impossibility of the new invasion. Yet, my dear Sir, after all this, Congress will not act without another message from the President, which he is not disposed to give: 1st. because he deems it unnecessary, 2dly. he says that the call for it by Congress is with a view to screen themselves from proper responsibility, and he is unwilling to gratify them. I will now tell you the whole secret of the reluctance of Congress to act on this matter. I have made it my business to unravel the mystery and I know that I have succeeded. Some of the members have openly avowed to me their reasons for wishing to postpone our recognition until the next Congress. It all proceeds from the Van Buren party. They are afraid that the subject of annexation will be pressed immediately after recognition;-that annexation or no annexation will be made the test of the elections for Congress during the ensuing summer;-that the North will be opposed and the South in favour of annexation, and that Mr. Van Buren will of course have the support of either the South or North in mass accordingly as he favours or opposes annexation. The fear then of throwing Mr. Van Buren into a minority in the next Congress induces his friends to desire a postponement of recognition at present, thereby keeping down the exciting question of annexation at the next elections and giving Mr. Van Buren more time to manage his cards, and consolidate his strength. All of Mr. Van Buren's friends are not operated upon in this way, but a sufficient number are to prevent the favourable action of Congress at this session, without a new message or other impulse is given by the President. Be it understood also that many of those same individuals are in favour both of annexation and recognition, but they wish Mr. Van Buren to have his own time and select his own mode of bringing them about, and in their devotion to him, they prefer that Texas should in the mean time suffer by the delay of her recognition, rather than jeopardise his popularity. There can be no mistake in regard to the correctness of the above news. All that remains for me is to operate with the President, and to get him to quicken the action of Congress by another message. This I shall night and day endeavor to effect by using every argument that can operate upon his pride and his sense of justice. At an interview last evening, he told me to feel easy on the subject, that all would go right. He told me moreover that he was preparing a message to Congress, in which he intended to recommend the granting of letters of marque against Mexico and that his government would not longer submit to her injustice and outrages. It is the opinion of Ellis and of the President that Santa Anna will be reinstated in power. In which event the President said that there would be no more difficulty either between this country and Mexico or Mexico and Texas. He said that he had conversed freely with Santa Anna in regard to extending the at present open south western line so as to include Texas and that their views and wishes were in entire accordance. I have not failed to notify this Government that Texas protested against being concluded by any treaty between this Govt. and Mexico without her full assent. The President in answer assured me that he would perish before he would be guilty of any injustice to Texas or endeavour to bind her without her assent. &#13;
In my last by Maj. Patton, I requested that you would give me leave to return home after the rising of Congress on the ground that Mr. Van Buren would not take the responsibility of doing any thing in the recess of Congress. Even if a treaty of Amity and Commerce were made after this session, it could not be ratified until the next Congress. I therefore repeat my request for leave to return home. I assure you I will not leave while there is a possibility of doing any good and I will return or fulfill any other duties in which I can be of service, if you desire it; for I hold myself ready to discharge the labours of any office however humble until peace is secured to our Country. &#13;
I have the honor to be with the &#13;
highest consideration Yrs. etc &#13;
(Signed) W. H. WHARTON &#13;
By F. CATLETT, Sec. of Legation. &#13;
His Excellency, &#13;
SAM HOUSTON, &#13;
President of Texas.</text>
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              <text>(No.7.) WASHINGTON [CITY,] 6th Feb'y 1837 &#13;
SIR, &#13;
Since my last nothing very important or definite has transpired, but appreciating your desire of being often apprised of the position and prospects of our Texas affairs, I will let no opportunity pass unimproved. A somewhat favourable development took place in the House of Representatives on thursday last. The motion of Mr. Boyd of K'y. to instruct the Committee on Foreign Affairs to report a resolution, recognizing the independence of Texas, was first in order. Mr. Cambreling moved to suspend the rules for the purpose of taking up the appropriation, which he said would consume very little time, and he added, moreover, that the Country was suffering hourly and greatly for the want of action on this bill. Notwithstanding the force of these remarks, and notwithstanding every member was convinced of the truth of them, yet seventy four sturdy friends of Texas refused to suspend the rules or to give any thing precedence of the motion to recognise our independence, and two thirds not being in favor of suspending, Mr. Cambreling's motion was lost. All of the 74. are considered our devoted friends and I know of many equally devoted friends both of recognition and annexation who voted with Cambreling on account of the great importance of immediate action on the appropriation bill. After this, the House adjourned. Friday and Saturday being private bilI days, Mr. Boyd's motion did not come up. Nor will it be reached on monday, that being Petition and Memorial day. It will however be first in order on tuesday, and I anticipate an interesting discussion and a favourable decision. The reasons, assigned in my last, as inducing Mr. Van Buren's friends to desire postponement, cannot be urged in debate, and I am of the opinion, that, when the subject is agitated, they will not oppose our recognition, for that would be to proclaim their leader the enemy of Texas, in which light he is not willing to be viewed, especially as the friends of our much mistreated country are so numerous and respectable and zealous in all parts of the United States. Senator Preston has just assured me that the Senate will take up the subject in a few days. That body is considered more certainly friendly to us than the lower House. I repeat it now that the views of the President are known to be favourable: discussion is all that is necessary. Our claims to immediate recognition are so palpable and paramount that no prominent politician of the South or West, or of the dominant party in any quarter, dare openly oppose it, however much he may secretly desire to prevent the agitation of the question altogether at this session of Congress. Moreover there is one consolation which I fondly clasp to my bosom as the pillar of my hope and support amid all the coldness, illiberality and injustice, with which we have been treated, which is that if Genl. Jackson finds that Congress will not act without another message from him, I am more deceived in him than I ever was in mortal man, if he does not under these circumstances send another message to Congress and have us formally recognized before he quits the Presidential Chair. Time will soon develope the truth or falsity of my hopes and calculations. The news from Vera Cruz up to the 9th. Jan'y is favourable for us. There is but little doubt of the reinstation [sic] of Santa Anna in power and of the utter impracticability of the threatened invasion. When I wrote you last, I confidently expected to have an operation for the cataract, immediately performed on Mrs. Wharton's eye, so as to be ready to start home in March, provided you gave me leave to return. Since then I have consulted Dr. Smith of Baltimore, who, to my infinite sorrow, informs me, that an operation would be entirely useless, the sight having been destroyed by paralysis of the optic nerve before the appearance of this cataract. Under these circumstances, he says an operation would not restore her vision at all, and would at the same time greatly endanger her other eye. He says moreover that it is indispensably necessary that Mrs. Wharton should spend the summer at the Saratoga and White Sulphur Springs. Perhaps her life may depend upon it. I cannot therefore, to my inexpressible regret, spend the summer in Texas, even if I obtain your leave. I might possibly leave here in March and attend our Congress in May and return in time for the Springs. &#13;
I think it might be of service for me to be at our next Congress. I could tell more orally in one day about our hopes and prospects in this quarter than I could by writing for six months. Do with me as you please however. I assure you of one thing, the Govt. shall not be charged with my expenses when I am absent, or when I am not exclusively and devotedly attending to its business. If you will leave me a little discretion about my movements, I call God to witness, that, without reference to my private business, I will come or stay, as may in my judgment best advance the interests and honour of Texas. &#13;
The President has not yet sent in his message, recommending the granting of letters of Marque against Mexico. I anticipate his doing so tomorrow, for he informed me that his mind was unequivocally made up on the subject. I do not think that Congress will concur in his recommendation. Pity and contempt for the imbecility of Mexico will induce many to differ with the President. Moreover the commercial interest will in mass object from a fear of having the ocean crowded with privateers of other countries, sailing under Mexican colors and commissions. The contest in this case would be very unequal; Mexico having no commerce to be preyed upon, while that of the United States whitens every sea. My own opinion is that the evils, resulting from a temporary suspension of commerce with Mexico, would be more than counterbalanced by its superior security in future. Again, the conclusion of the war would afford a favourable opportunity of extending by treaty the at present open South Western boundary of this Government to the Rio del Norte, with the assent of Mexico and of Texas. &#13;
I have the honour to be with the highest consideration, &#13;
Yours etc. &#13;
WH. H. WHARTON</text>
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              <text>No. 9 WASHINGTON CITY. &#13;
SIR, &#13;
As I stated in my former despatches, President Jackson and Santa Anna had a free conversation (not in my presence, but I was after-wards informed of it by both of them) in relation to the extension of the United States boundary, so as to include Texas, by treaty with Mexico. Genl. Santa Anna informed me, a few days before he left this place, that he had requested the Secretary of State to furnish him, with the amount of claims held against Mexico by citizens of this Government, .and that after ascertaining the amount, he would promptly state to this Government the additional sum of money, which Mexico would ask for a quit claim to Texas. He said he was not empowered to make a treaty here, but by having an understanding with this Government, he would at [the] proper time on reaching Mexico propose and carry into effect a treaty in regard to the cession of Texas. I asked him to state to me the highest offer ever made by this Government to Mexico for Texas, if it was no secret. He answered that it was no secret, and that the United States had once offered thirteen millions for Texas. He said that he could not think of asking now anything like that amount, and the main reason why he would ask any thing after the people of Texas had declared their independence, and deprived the Mexicans of the possession of that country was not so much on account of the money that Mexico was to receive for Texas, but it was to satisfy his people with the treaty, and make them consent to cease a further prosecution of the war against Texas. He said he was satisfied, that it was for the interest of Mexico and Texas, that there should be an immediate peace between them;-that he knew from his own observation, that Mexico never could conquer Texas, and that if she succeeded in temporarily overrunning the country, she could not hold it without standing garrisons of 20,000 soldiers, which Mexico could not raise, nor support, if raised;-that this threatened invasion was all a humbug and would end in smoke, and that he would immediately on reaching Mexico, issue his orders and put a stop to it;-that he would show the world that what be promised in his captivity in Texas, he would religiously fulfil in the Capitol of his Nation. He further said, that granting, he was the perfidious and ungrateful monster, he was so often represented, granting he would do nothing on account of gratitude or love for the Texians, yet that his own and his country's interest palpably dictated his intended course of future action, as already understood between him and us, which was the strongest guarantee for the faithful performance that could be given us. He concluded, by jocularly saying, that the United States had an overflowing treasury, about which, there was much debate and squabbling. and he hoped that I as the Minister of Texas would not oppose any obstacles to his obtaining a few millions from this Govt for a quit, claim to Texas, which would be the means of enabling him to make a treaty, satisfactory to his nation, and at the same time, securing at &#13;
once and forever, the independence of Texas, or her annexation to these United States. He spoke with a great deal of feeling and apparent candour throughout. When he had finished, I replied that he was well aware, that our declaration of independence was a denial in toto of the right of Mexico to sell Texas or to make any Treaty or arrangement, that could, in any manner, or in the slightest degree, bind Texas, without her assent. He said, that he was well aware of this. I continued, that I could not for a moment believe, that this Government was ignorant of the correctness of this position on the part of the people of Texas, and that I knew that it would not be guilty of the injustice, the folly, the madness of attempting to bind Texas by any treaty with Mexico, without the free and full assent of Texas. I further continued that although the people of Texas denied the right of Mexico to dispose of any portion of their territory and claimed their existence as an Independent Nation, yet that it was too well known to be attempted to be disguised, that they desired to be annexed to the United States and that provided the terms and conditions, on which they were willing to be annexed, were previously secured and guaranteed beyond the power of doubt or cavil, they cared not if the United States gave to Mexico, for a quit claim, one million or a hundred millions, but that it was necessary to have the independence of Texas recognized by the United States, before any treaty was made by Mexico and the United States in relation to Texas. The reason of this I stated was obvious, for by the recognition, Texas would be made a competent contracting party and could in such case, stipulate for and secure the terms and conditions on which she was willing to be annexed, which she could not do if unrecognized. In short, I told him that the previous recognition of the Independence of Texas, would be demanded by me as an indispensable prerequisite, before I would give a shadow of assent to any treaty between Mexico and the United States in any way binding Texas. He admitted the force of this and said that no one desired the immediate recognition of Texas more than he did, that he had hoped it would have taken place, before he reached Washington. His reasons he said were these. The recognition of our Independence would greatly disembarrass him and enable him to make a much more favourable treaty for the United States;-that it would enable him to take a much smaller sum for a quit claim to Texas and the smaller the sum, the more certain the ratification of the treaty by this Government. After recognition, he could take a smaller sum, for he could say to his people, that Texas had been recognized by the United States; that by that recognition, she was virtually lost to Mexico, for it would give her what men and money she wanted, and that he, seeing this, had made the best of a bad bargain and had got something for nothing. I thought he took a sound view of the matter, at least, it corresponded with my own. How far, he was candid and sincere, you are as well able to judge as myself. &#13;
On the same day Genl. Jackson sent for me and told me, that he wished to speak to me in the strictest confidence! That no one should know of what passed between us. He then proceeded to state that a conversation had taken place between Santa Anna and himself in regard to a treaty for the cession of Texas to the United States by Mexico. That it was necessary for him to read again the terms and conditions on which Texas was willing to be annexed to the United States, for, upon the practicability of granting those terms, and the amount of the public debt of Texas, which the United States would have to pay, would depend the treaty with Mexico. His idea was, that the amount of the debts of Texas would regulate the amount, which this Government could in reason pay to Mexico for a quit claim. I replied that I surely need not remind him, that we protested against and totally denied the right of Mexico to dispose of or in any way bind Texas, since alike in the field and the cabinet, we had vindicated and established a paramount and exclusive claim to all the territory of Texas. He replied that he admitted this and would perish before he would be guilty of any injustice to Texas, or attempt to bind her against her consent. I replied that it was truly humiliating to us to consent to be even nominally sold, after we had won the country by privations, sufferings, dangers and triumphs, unexampled, or at least unsurpassed in the history of man. He replied that this was true, but that the wound to our pride was only in name, in sound, not in substance, and that this Govt would not treat with Mexico for Texas, until after it had fully inspected the terms and conditions on which Texas was willing to be annexed, and determined to grant them. I replied to this, that we ardently desired to be annexed, and provided our own terms were secured to us, we would not, through false pride object to any sum, which this Govt for National character sake might be disposed to give Mexico as hush money for a quit claim to Texas, it being perfectly understood that, by such purchase or treaty. they obtained no claim or shadow of jurisdiction over Texas without her full and free assent. I continued, that the sum, in this case, paid Mexico by this Government was a matter for its consideration not ours, that for our part, so confident were we of the justice of our claim to the exclusive sovereignty of Texas and our physical ability to maintain it, that we would give Mexico nothing but lead. But I continued that the recognition of our Independence by this Govt must be a condition precedent and take place, prior to any treaty in relation to Texas between this Govt and Mexico. For by being recognized, we would be made competent contracting parties and could secure, beyond doubt or cavil, the terms on which we were willing to be annexed. But that if a treaty for Texas was made by Mexico and this Government, before we were recognized and before we had secured our terms of annexation, then, and in that case, we would have to depend wholly on the justice and the will of this Govt to grant us our terms of annexation, which we were not at all disposed to do, and against which I solemnly protested. Moreover, I continued, that this treaty between Mexico and the United States might be rejected by the Senate of one or both countries and then Texas would be both unrecognized and unannexed, and that, therefore, I claimed as a matter of right, that the question of Independence should be acted on immediately, unconnected and unembarrassed with any other, and that it be decided on the broad and naked grounds of our being an organized de facto Government, with ample physical ability to maintain our national existence. I contended, that in accordance with former usage, these were the only facts necessary to be enquired into by this Govt in order to determine whether it would recognize our Independence or not. I further told him, that it mortified me to the soul to find that this Govt admitted the truth of these facts and yet forbore to extend to us the sheer justice of a recognition. I told him moreover, that if we were not recognized during this session, the people of Texas would view it as evidencing a coldness and illiberality, not to say injustice, on the part of this Govt which would excite one universal feeling of horror and amazement. In answer to this, Genl. Jackson hinted rather than asserted, that a recognition of the Independence of Texas by this Govt would prevent any treaty with Mexico by this Govt in regard to Texas, for it would be an open declaration that Mexico had no longer any jurisdiction over Texas or right to sell or bind her. I replied, that I did not conceive that such recognition could embarrass the contemplated treaty with Mexico at all. The recognition of the Independence of Texas by this Govt did not vary the relations between Texas and Mexico, did not in any way impair or diminish the right of Mexico to prosecute a war ad infinitum against Texas. The recognition of the independence of Texas then by this Govt did not furnish to Mexico any rational cause of complaint or war, but the annexation of Texas to these United States would be a just and serious cause of complaint or war on the part of Mexico, for it would transfer the war from between Mexico and Texas to Mexico and the United States, and would consequently render the resubjugation of Texas by Mexico totally hopeless and impracticable. The treaty, therefore, between Mexico and this Govt might recite, that the United States, being desirous to annex Texas and to restore the blessings of peace, gave to Mexico a specified sum for her consent and her relinquishment of her right to promote further the war against Texas. This would be a valid consideration. I concluded by reiterating, that the recognition of the Independence of Texas must &#13;
be a condition precedent, and that then the treaty should be tripartite between Texas, Mexico and the United States. With this, we parted. &#13;
In order to make myself perfectly understood, I addressed to Mr. Forsyth Sec'y of State the following protest. He seemed unwilling to receive it in writing, but I stated to him the contents and he replied that I might rest satisfied that this Govt would not be guilty of the injustice of attempting in any way to bind Texas or to compromit her honour or interests against her assent by treaty with Mexico. &#13;
&#13;
Protest WASHINGTON [CITY,] &#13;
24th. Jan'y 1837. &#13;
To The Hon'ble JOHN FORSYTH &#13;
Secretary of State. &#13;
SIR, &#13;
Although my unbounded confidence, in the justice of this Govt will not permit me to indulge the belief for a moment, that it would intentionally injure or compromit the honour or interests of Texas, yet I should fail in discharging my duty, were I not to protest formally and solemnly, as I now do, against any sale or disposition of all or any portion of Texas by Mexico to this Govt or against any attempt to bind Texas, in any way, by treaty or otherwise between Mexico and this Govt, without the full and free assent of the Govt of the Republic of Texas. &#13;
It may be proper to add that this assent I am empowered to give on the part of my Govt provided the terms and conditions, on which the people of Texas are willing to be annexed as laid down in my instructions, are definitely arranged and guaranteed by this Govt beyond the power of doubt and cavil. Being fully persuaded, moreover, that the people of Texas cannot be considered a competent contracting party to secure these terms and conditions, until after their Independence is formally recognized, I hereby claim that recognition as a condition precedent and prior to any treaty between Mexico and this Government, intended in any way to bind or compromit the Republic of Texas. &#13;
I have the honor to be with high consideration &#13;
Yours etc. &#13;
WH. H. WHARTON. &#13;
&#13;
Want of time to [have] the above copied has prevented my sending it on sooner. It will be recollected that no instructions have been given me in regard to any treaty, which was expected to take place between GenI. Santa Anna and myself, on his arrival in this City. (The only instructions I have ever received on this subject, are those relating to an Exchange of Prisoners, which reached me near a fortnight after his departure for Mexico). While he was here and after the refusal of his Charge d'affaires at Philadelphia to obey his orders, I advised with my friends in regard to the course that I ought to pursue. I asked them, if it would be best for me to undertake to bring Santa Anna under the obligation of a written treaty. All said no. President Jackson was quite explicit in giving his opinion. He said that Genl. Santa Anna had no power, without the concurrence of his Charge d'affaires to make a treaty that would be binding on Mexico. That his honor was all, at last, that we had to rely upon, and that he, Santa Anna, would feel himself more bound in honor without, than with a written treaty. He said moreover, that what Santa Anna had promised us was contained in his (Santa Anna's) letter to him, (President Jackson), and also in his public and secret treaties with our Govt ad Interim, during the last summer. President Jackson added, that Santa Anna's open assertions in presence of him and his Cabinet, that Mexico could not reconquer Texas and that he was determined to bring about peace on the basis of the Independence or Annexation of Texas to these United States, was all sufficient. &#13;
We are unfortunately still unrecognized. The disposition of some of Mr. Van Buren's friends to postpone the matters, combined with a multiplicity of unfinished business before both Houses produces the delay. I am now satisfied that the Committee on foreign affairs of the lower House will make a favourable report for us in a few days and that recognition will follow. Nothing but want of time can possibly prevent it. For fear that my Despatches in which I tendered my resignation of my present appointment may not reach you, I here repeat it, I wish to resign and return home after the rising of Congress. GenI. Hunt is willing to remain in discharge of his duties, and one Minister will in God's name be all sufficient especially in the recess of Congress. By my resignation, the Govt of Texas will be freed from the expense of a Minister's salary during the Summer, and, if deemed necessary, which I much doubt, another can be sent on next winter. When I return home, I will leave it with the Govt. to determine the amount to be paid me, and rest perfectly satisfied with its decision. &#13;
I have the honor to be with great regard &#13;
Yours etc. &#13;
Wm. H .. WHARTON &#13;
&#13;
P. S. Geni. Jackson says that Texas must claim the Californias on the Pacific in order to paralyze the opposition of the North and East to Annexation. That the fishing interest of the North and East wish a harbour on the Pacific; that this claim of the Californias will give it to them and will diminish their opposition to annexation. He is very earnest and anxious on this point of claiming the Californias and says we must not consent to less. This in strict confidence. &#13;
Glory to God in the highest. &#13;
&#13;
P. S. While I was writing the above the Committe[e] on Foreign affairs of the lower House, reported a resolution recommending the immediate recognition of the Independence of Texas, also an appropriation for a Minister to Texas. The report will certainly be concurred in, if there is time to act upon it, and if not, it is almost tantamount in the character and credit it will give to a complete and formal recognition. &#13;
It being important to know who are friends and for us, I communicate for your information that Mr Forsyth was opposed to the report of the Committee.</text>
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&#13;
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&#13;
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