will be wanting on his part, and he confidently trusts, from the many unequivocal evidences which the present Charge d' Affaires of the United States has given of his friendship for Texas, that he will at all times have the hearty cooperation of that distinguished functionary, in preventing any misunderstanding calculated to mar these relations between two nations of kindred blood and kindred principles; and between whom the bond of indissoluble friendship should be lasting as the name of the common ancestry from which they sprang. The undersigned avails himself of the opportunity to tender assurances of the high consideration with which he is In my letter of [the] 19th Inst I brought to your notice the difficulties under which this country labours growing out of the traffic carried on between some of the citizens of the United States and the Indian tribes within our territory. There is another subject out of which has grown a good deal of inconvenience and some embarrassment to a valuable class of the citizens of both Governments, and which a very simple arrangement will free from all perplexity. I mean the transmission of the mails across the line from one country to the other. To facilitate this transmission and free it from all embarrassment it is only necessary to make an agreement with the authorities of the United States that the Postmasters of each country shall deliver to the order of any post master of the other, all letters, or documents of whatever description, designed to be transmitted across the boundary line. By way of example, a mail would be prepared at New Orleans containing all the letters and papers directed to Texas-it is only necessary for the authorities of the United States to give orders to the Post Master at N. O. to deliver them to the order of the Post Master at Galveston, or to the Texan Consul at New Orleans, or vice versa. This arrangement would be perfectly equitable-no objection to it could exist, as it is reasonable to suppose that as many letters would pass from one country as from the other. The pro posed arrangement therefore rests upon the basis of reciprocity. Nor can any injury result from it to the revenue of either countryas the government of each can give orders to its officers not to mail any letters designed to cross the line unless they are post paid, and if necessary through what post office they shall make their transit from one country to the other. In this way the revenue of neither can suffer detriment-the facilities of correspondence to a most valuable class of citizens-the mercantile interests would be greatly subserved, and the general intercourse between two nations bound together by the strongest ties of kindred blood and kindred principles, be greatly promoted. It will be seen, by a moment's examination, that this proposition is entirely reciprocal-that the sole object of this Government in proposing such an arrangement is to disembarrass and facilitate the general intercourse between the two countries; It is therefore presumed that no obstacle to the arrangement will be interposed by the authorities of the United States-the mutual advantages to result from it being so obvious as to strike every one at first view with the propriety of concluding it. It has been represented to the appropriate Department of this Government that our revenue laws are constantly evaded by citizens of the United States who navigate the Sabine river in trading boats, land at the different points and sell goods to the citizens of Texas without paying the duties prescribed by our laws. This System of smuggling for it is nothing less-should be remedied. The United States by the treaty of 1819, having the right to the whole of the waters of the Sabine river-and, (by a strange and monstrous perversion of the terms used in that treaty, in which the Government of Texas, in an unfortunate moment, hastily acquiesced) of the Lake and Pass also, it is beyond the power of this Government of itself to devise and enforce an effectual remedy; Inasmuch as these smugglers have nothing to do but cast anchor ten feet from our shore and they are entirely secure from either seisure or search on the part of the officers of this Government, and may and do commit the most flagrant violations of our revenue laws with perfect impunity. It will be seen therefore that the remedy for these evils is not within. the power of the authorities of Texas-it can only be effected by some conventional arrangement between the two Governments. It is believed that the Government of the United States will not refuse to invest the revenue officers of this Government with authority to seise upon and confiscate, according to our own laws, the goods of any such craft that may be found engaged in this illicit intercourse with our citizens. The vessels of the United States should be required to enter at the Texan custom house on the Sabine Pass, before they are permitted to trade with our citizens, and if found engaged in this trade without having done so their goods should be subject to seisure by our officers. This is but a reasonable demand, and one which it is hoped the Government of the United States will not hesitate to comply with. Many attempts have been made to introduce African negros into the United States, in the same clandestine manner, through our territories, but this Government has never failed to employ the most prompt and efficient measure to prevent their success. It is but Just therefore that the United States should extend the same measure of Just reciprocity to Texas in a matter in which her means of support to the government are vitally interested. It is the wish of the President that you will give to these subjects your early and constant attention, and endeavour to effect such an arrangement as may be mutually beneficial to both countries. The undersigned Charge d' affaires of the United States, has the honor to acknowledge the receipt of your note of the 24th. Inst. which was handed him last evening. In answer to which he must remark that he adheres to the opinion expressed in his note to the Secretary of State of Texas of the 16th. Inst. relative to the claim of Captain Means upon this Government for damages which his vessel sustained while in the service of Texas. But as he intends visiting the City of Houston in a few days, when he can have a full, free, and candid oral interchange of opinion upon the subject with the members of the Executive department of this government, he will forbear for the present, to urge any further reason in support of his former position. The undersigned takes pleasure in expressing to Judge Terrell, the perfect satisfaction which the assurance of the President has a A. L. S. given him, that the force used towards the first and second mate of the Brig retrieve, was unauthorized by him. The prompt and candid disavowal of the act, of impressing those individuals into the service of Texas; as well as the chagrin and mortification expressed furnishes new evidence of the kind and friendly disposition of the President towards the government and people of the United States and is a fresh incitement to the undersigned to cherish corresponding sentiments and to omit no occasion on his part of manifesting their sincerity. The undersigned feels perfectly assured that the kind feelings expressed in your note for the government and people of the United States, will be properly appreciated by the President of the United States, who upon all fit occasions has manifested the kindest disposition, and most sincere desire for the peace prosperity and happiness of Texas With sentiments of high regard I have the honor to be Your Obedient servant JOSEPH EVE WEBSTER TO REILY." [Appoints Monday, September 5, for an interview to allow Reily to present his letter of recall.] EVE TO TERRELL. [Enclosing copies of the following: O'Neal to the Chiefs of the Choctaws and Chickasaws, undated, but written probably during the latter part of June, 1842; and Upshaw to Abberson, July 5, 1842.] WAPLES TO EVE.C a L. S., September 3, 1842. WAPLES TO BENTON. Original found between the leaves of the Records of the Texan Legation at Washington from August 16, 1844, to November 8, 1845. September 5, 1842. For this letter and the enclosures, see Calendar. September 9, 1842. See Calendar. To the copy in the archives is attached a small sheet of paper containing, along with considerable matter not sufficiently important to print, a note indicating Houston's approval of the letter. d 4 September 9, 1842. See Waples to Eve, September 16, 1842. EVE TO WAPLES." LEGATION OF THE UNITED STATES The Honble. SIR JOSEPH WAPLES Secretary of State of the Republic of Texas I have the honor to acknowledge the Receipt of your note of the 22d July in reply to mine of the 2d of July, upon the subject of the Blockade of the Mexican ports, and the capture (by the authorities of Texas) of a trading vessel near the mouth of the Mississippi river, on its passage from New Orleans to a Mexican port, Sailing under the flag of, and claimed by the master to belong to citizens of the United States. The legality of the capture of this vessel after remaining before the court of admiralty in the city of Galvaston for months, has been decided by an order of the court for a restitution of the vessel and cargo, except a few articles of contraband, which the master offered to surrender at the time of the capture. The injury which the owners of this vessel and cargo have sustained in consequence of the detension and sacrifice of property, is sufficient to show, the annoying, perplexing, and deleterious effect which the supposed blockade has upon the trade and commerce of the United States upon the Gulph, without having produced any serious injury to Mexico or any Beneficial effect to Texas. The Undersigned does not (nor does the Government of the United States) deny the right of Texas, as a free sovereign and independent government, to grant letters of Marque and Reprisals, or to blockade any port of Mexico. But he denies the propriety, and right of a belligerent to harrass and embarrass, the trade and commerce of a neutral friend, by a blockade unsupported by an adequate force to keep out neutrals. He is constrained to dissent (though respectfully) from the opinion avowed by the acting Secretary of State, when he says at the time of the Sailing of the captured vessel, Texas had a squadron on the Gulf amply efficient and capable of preventing the entrance of neutral vessels into any of the ports of Mexico. He must insist that since the existence of the Blockade (which is nearly six months) there has seldom been at any Mexican port, a sufficient armed Texan force to prevent the entrance of neutrals, and yet it has had the same pernicious influence upon the trade, and commerce of the United States as if the blockade had been most rigidly enforced. To constitute a lawful Blockade requires the actual presence of a sufficient force stationed at the entrance of the port, and to continue, sufficiently near to prevent communication. "A. L. S. Endorsed " replied to 14th." |