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would seem they are urged with intentions too obvious to require

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The undersigned would fail in the duty he owes to the country he represents, were he not to repel the accusation of the honorable Secretary that the United States have disregarded the 33d article of the treaty of amity, Commerce and Navigation with Mexico, which is sought by the honorable Secretary to be rendered still more culpable by his supposing that this article was proposed by the United States. It was impossible to have anticipated such a charge from the source from whence it emanates. The constant regard of the United States for their treaties and their faith in fulfilling them has obtained the admiration and respect of all nations. How could this government give utterance to so unworthy a reproach, when she has, herself, in so remarkable and signal a manner, been indebted to the rigidity with which the United States fulfilled that very article of the treaty. Had it not been for its religious observance, every inhabitant, this side of the Sabine, would have been butchered by a savage foe. The President and the honorable Secretary have frequently declared this to be their solemn conviction. Yet, with this fact before their eyes, the good faith of the United States has seriously been arraigned! But the remembrance of the heart, it seems, is not the quality of governments, and although the United States, having only complied with their obligations, do not claim any acknowledgment, still it may appear somewhat singular that simple justice should be denied them, when the results have been of such vital consequence.

The undersigned trusts that the language applied by the honorable Secretary to the United States was not intended to convey the meaning it does. He is induced to this belief by the friendly relations existing between the government and people of the two countries, which, he entertains the ardent wish, may not be disturbed by any sinister remarks that would wound the feelings of the other [sic]. He therefore will dispense with further observations under the persuation that the honorable Secretary will appreciate his motives.

The undersigned will comply with the request of the President to communicate, to the government of the United States, the reply of the honorable Secretary, and will take the same occasion to lay before that government all the correspondence upon the subject to which it refers. The wisdom of his government,. the undersigned is confident, will decide upon the course that will devolve upon it by the refusal of the government of Texas to listen to the remonstrances that have been made in its behalf, and while it will insist upon its just rights,

every disposition, on the part of the government of Texas, to preserve friendly relations, will, he is assured, cordially be reciprocated.

With sincere anticipations, that these unsettled matters, that depend upon the fixation of the boundary, may be so arranged as to give satisfaction to both parties, and preserve that line of conduct which mutual interests prescribe, the Undersigned renews to the honorable R. A. Irion, Secretary of State, assurances of his distinguished consideration.

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I herewith transmit you all the written interchanges which have occurred between this Legation and the Department of State of the United States since my Despatch No. 30.

The Secretary of State addressed me a note last evening requesting my presence at the Department this day at 11 o'clock A. M. What the nature of his business is I cannot at present conjecture; but I will append the substance of our interview if it is of any importance as soon as I return. In the mean time I will suspend any additional remarks until I know its nature.

I have just returned from the conference with the Secretary of State who after the usual courtesies, on my arrival at the Department, mentioned that, he had desired an interview with me to communicate a disagreeable fact. He said he regretted to know through the Charge of the United States near the Government of the Republic of Texas that the land law authorising surveys etc. etc. had gone, or, was about to go into operation in that portion of the Teritory, between the Red and Sabine rivers claimed by both Governments, and that it was his disagreeable duty under the circumstances to direct the marshal' of the United States whose jurisdiction extended to

"A. L. S.

In the original first spelled "martial," then corrected.

that portion to arrest any person or persons who should be found surveying any portion of said lands.

I stated to him that the land law alluded to was the Supreme law of the land in the Republic of Texas and I could guarantee to the United States that my Government would make void any surveys which its citizens might make under its directions or sanction should such surveys be found to be without the limits of Texas upon the final settlement of the question, between the two countries. That Colo. Milam and others in Texas, had for their own information, with good surveying instruments for that purpose passed on a direct line from the 32d. Degree of North Latitude on the Sabine river to the same point on the Red river; and there was a general concurence among the citizens as to where the line would run when it should be officially surveyed or within a few miles thereof.

Mr. Forsyth then said that no circumstances which I could present would vary the determination of this Government.

I mentioned the deep regret that the President of Texas would experience at the slightest difference between the two Governments, and stated that the law authorizing the land offices etc. etc. was not within his control, that he had vetoed it but that it had gone into operation by a constitutional majority of both houses of Congress without his signature. He then remarked that the President of the United States felt every assurance that the President of Texas had the kindest and most amicable feelings towards this government, but that the Government was fixed in its determination to resist with fource if necessary the execution of the land law of Texas in the said teritory, and that instructions would be given to the Governor of Arkansas to support the martial in the execution of his instructions I expressed a hope that nothing serious would grow out of the affair; and further added that the congress of Texas was, I had no doubt at the time of the passage of the law authorizing the opening of land offices, under the impression that, the boundary line would be established before the said law would go into operation which circumstance it appeared to me, was entitled to some consideration in preventing this Government from an immediate action thereon. I also stated the land law aforesaid had imposed proper restrictions touching the border territory in contemplation of a spedy adjustment.

I remarked in continuation, that it was unnecessary for me to repeat the anxiety so often manifested on behalf of my Government that the boundary line should be finally established. He still expressed a hope that nothing unpleasant would grow out of the course which he had felt it his imperative duty to pursue touching the orders issued to the martial and the Governor of Arkansas.

I would recommend, most respectfully, through you to his Excellency the President of Texas, the propriety of exerting his private influence to induce the officers in the County of Red River to suspend the opening of the land offices and all surveys under the land law until the boundary line can be established, which may be expected in a verry short time.

The views expressed in the first part of my Despatch No 29, I refer you to as my present opinions on the Question of annexation. The information in regard to the appointment of a new Cabinet may be correct but I have no confidence whatever in its favourable considerations of the subject of annexation.

The Sub-Treasury Bill is still under consideration in the Senate, which has prevented the consideration of Col. Preston's Resolutions relating to Texas. I expect they will be taken up the latter part of this, or the first of next week.

I was verry much gratified on receiving your letter of information and instructions by the hands of the Surgeon General. I attended the next day to its conten[t]s in verbal interchanges with the Secretary of State.

Should you not have forwarded me the necessary power to make a treaty of limits, please do so without delay. I alluded to a new power, which, I discover, I called commission, in my Despatch No 20 from Vicksburg, which if forwarded I did not receive

This Government has, manifestly, been disposed to delay the fixation of the boundary line; notwithstanding my note of the 4th. of August to Mr. Forsyth on the subject, and my repeated communications relative thereto; nor did he apprise me until just before my Despatch No 29., that the time limited by a treaty with Mexico and the United States for that purpose, had expired; nor had he replied to my note on the subject up to that time. He then made a verbal statement saying, that the treaty on the subject was at an end, and must be renewed, with Texas, before commissioners for that purpose could act.

I was gratified to receive, through you, instructions from the President, to abstain from the further intimation of a solicitude on the part of my Government for annexation. Since Mr. Forsyth's note declining a negotiation on the subject, I have in every conversation with him touching it observed the greatest reserve and delicacy, and nothing would have induced a renewal of the subject but positive instructions from my Government in that behalf.

I am glad to learn that our Indian relations on the frontiers are assuming a more amicable shape and I cordially hope will long continue.

I am equally so to know that the Republic is in other respects prosperous and happy and we may unite in our gratulations that

amidst all our vicissitudes, a kindlier spirit pervades our infant Republic, and that that is the Spirit of Liberty.

I have the honor to remain,

with the greatest respect,
your ob't. sv't.

To the Honorable

R. A. IRION,

Secretary of State.

MEMUCAN HUNT.

P. S. The Secretary of the Legation, who is absent, and will continue so for a few days, is in excellent health.

M. H.

[Here follow copies of Hunt to Forsyth, February 19, 1838, announcing that Sandy Harris, Esq., has been appointed private secretary to Hunt, and of Forsyth's reply in acknowledgment on the same day.]

SIR,

DEPARTMENT OF STATE, Washington [City], 21st. February, 1838.

I have the honor to communicate a copy of a Circular from the First Comptroller of the Treasury of the United States, addressed to the officers of the customs, instructing them to give to the vessels and productions of Texas the benefits of the fifth and sixth articles of the Treaty between the United States and Mexico.

As those articles will go into operation on the fifth of April, next, I have the honor to request that you will forward the enclosed circular so that it may reach your government before that time.

I embrace this opportunity to offer you renewed assurances of my great consideration.

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Refering to the circular from this office, of the 2nd. instant, I have to communicate for your Government that, by information received from the Department of State, it appears the fifth and sixth articles

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