diately, for the renewal of an agreement, to appoint commissioners and time, and place, for their meeting, to establish the boundary line permanently, between the two Republics, in conformity with the treaty of the Spanish Government of 1819 and as renewed by the Government of Mexico in 1828. Mr. Forsyth has receded from his demand to establish the line the whole distance to the Pacific, and thinks it will be best for both parties to make it only so far as it is desired to be done by the Texian Government at this time.

The Government of the United States, is very desirous, I have no doubt, to procure the Bay of St. Francisco, on the Pacific, and I apprehended and have now additional evidence to convince me of the fact that, Mr. Forsyth's apparently anxious desire to make the line the whole distance to the Pacific, was to procure from me, the relinquishment of the claim of the Government of Texas, to the right of an extention of its boundary beyond what it was under the Mexican Government. And he expects, I imagine, to be enabled to pass over the claim in the arrangements which we are now making to establish the boundary, in such a manner, as to leave an impression, that the Government of Texas claimed its original boundary, only on its Northern and Eastern frontier. But I will take care in the wording of an article on the subject, that this claim to additional territory, be not overlooked. As a seperated Power, the splendid harbours on the South Sea or Pacific Ocean, will be indespensable for us; and apart from the great increase of territory by an extention of the line, the possession of the harbour of St. Francisco alone, is amply sufficient, for any increased difficulties or expence, should there be any in regard to a claim of territory to the Pacific, in a final treaty of Peace with Mexico.

My impression is that, nothing short of coercion, will afford us peace with that nation, and in the exercise of this means, to acquire it eventually, a claim to a large territory, will be as readily conceded to us, when they do so yield, as the former limits of Texas would be; and believing this, it is my duty as minister, to act accordingly, in my claim of territory for Texas, in the absence of instructions from my Government on the subject.

In my intercourse with Mr. Forsyth on the subject of limits, he mentioned, what you had written to me on the subject of, and relative to, the interchanges between the Chargé of the United States and Yourself at Houston.

I smoothed matters over as well as I could, and turned the circumstance to an argument in favour of settling, with as little delay as possible, the boundary question, which I insisted, would terminate all causes for misconceptions and misapprehensions between the two Governments relative thereto, which he conceded, and, as I have no doubt, will prove to be the case.

Mr. Forsyth mentioned to me on yesterday that, he wished to set out this evening, on a short trip to Philadelphia; I expressed a disposition to go to New York for one day, myself, and he proposed, and we agreed, to make the trip together, and complete verbally our negotiations during the progress of cur travel; and that so soon as we should return, they should be finally agreed upon, and reduced to writing, and signed for the confirmation of the senate, at the earliest date practicable. The exchange of ratifications will be made in Texas, and so soon as it occurs, and the fact can be communicated officially to this Government, a commissioner will be despatched, for the purpose of complying with the terms of the treaty of limits, with as little delay as possible.

I hope to complete the treaty of amity, commerce and navigation, and of limits, and see them ratified in eight or ten days, when I will immediately proceed to Houston, at which time I will confer more fully with you on the above subjects in person, and all others connected with our foreign relations.

I have the honor to be with great regard

Your Obedient Servant,

To The Honorable

R. A. IRION,

Secretary of State.

MEMUCAN HUNT.

P. S. Insist that Congress do not adjourn until I arrive with the treaty, as it would very much delay the final adjustment of the boundary, if it does.

M. H'T.

TREATY OF LIMITS BETWEEN UNITED STATES AND TEXAS."

Despatch No. 35.

HUNT TO IRION."

TEXIAN LEGATION

WASHINGTON CITY 28th April 1838.

SIR,

I, herewith, transmit a copy of the treaty of limits, which I have effected with this Government. It would have been forwarded the day after it was signed, but for the delay in procuring a copy of a form of ratification. I objected to the power which it confers on the commissioners, and desired that a clause should be inserted, which would leave it discretionary with either Government, to object to the

"April 25, 1838. See Hunt to Irion, April 28, 1838.
L. S.

agreement of the commissioners within three months or less, after they might fix and report the boundary line; but the President of the United States objected to any change in the terms of the original treaty, on the ground that, it would be necessary to make an entirely new treaty, should any portion of it be altered. I hope it may be satisfactory to the President and Senate

I shall not be enabled to leave here in less than eight or ten days for Texas, when I will take with me the original treaty, and reach Houston with as little delay as practicable. In the mean time, should the Senate wish to adjourn before I reach there, the copy I herewith send, can be acted upon, and an order made by the Senate, that the treaty be confirmed. I have procured and appended to this despatch, the form of a copy of confirmation and ratification by the President and Senate of the United States.

a *

*

*

*

*

I will defer adding any thing at large on the subject of our relations with this Govnt., and our prospects of recognition in Great Britian and France, until I reach home.

I have the honor to be your

Obedient Servet.,

To the Honorable R. A. IRION

Secretary of State.

MEMUCAN HUNT

[Here follows a copy of the treaty, certified by Hunt, April 25, 1838.]

Under this date I have writen to you at Washington in relation to our affairs.a

A proposition is before Congress to authorise the President to sus pend the laws of Texas in the disputed territory whenever he may deem it proper, but it is very questionable whether it will pass. think the chances are against it.

Here a paragraph is omitted relating to Hunt's financial affairs.
See Calendar.

I

The matter here omitted relates to Hunt's announcement of his intention to be absent from Washington for a time.

The letter here referred to is evidently that of which the copy on file is dated May 18

The news from Mexico is favorable to us. That country is now undergoing a revolution and in a short time, it is thought, the federal constitution will be re-established. Congress will adjourn in less than ten days.

I have the pleasure to acknowledge the receipt of your despatch No. 34.

The boundary question was laid before Congress about four weeks ago, and was referred to the Committees of the Senate and House of Representatives on Foreign Relations. The committee on the part of the House have reported, and recommended the adoption of a resolution investing the President with power to suspend the operation of the laws of Texas in the disputed territory on Red River whenever he may deem it advisable. The committee on the part of the Senate have not reported. The subject was called up in the House to-day and a slight debate ensued.

From indications evinced by certain members I do not think any discretionary power, touching this matter, will be given to the President by Congress-neither do I believe that the said laws will be changed in any respect. There appears to be a fixed determination on the part of a majority of both Houses to persist in the course which has been heretofore pursued. I may, however, be mistaken.

Under this aspect of the case, you will perceive, the only way to terminate the controversy is to run the line; the preparatory arrangements for which, it is hoped, you have ere this agreed upon with the Government of the U. States.

You seem to entertain erroneous opinions with regard to the views of this Government in relation to our western boundary line.

It is not now the desire of this Government to negotiate respecting any territory beyond the limits of Texas as established by the act of Congress. From the source of the Rio Grande the Western boundary line will run to the 42nd. degree of north latitude, intersecting at this point the line of the U. States; thence with the latter line to the 100dth degree of W. longitude from London on the Red River; thence

with said line, as agreed upon between the U. States and Spain by the treaty of 1819, to the mouth of the Sabine.

With respect to the Bay of San Francisco, the South Sea and Pacific Ocean, and the territories bordering thereon, this Government, at the present time, has no concern.

They have no connection with the negotiation now pending on the subject of boundary between this Republic and the U. States. Should the latter Power, while our limits remain as they are, acquire territory in that quarter of the world it must be by negotiations with Mexico and not with us.

If on the other hand we desire an extension of territory in that direction it is a matter between Mexico and Texas, and not with the U. States.

At a future time this Government may, and probably will, by conquest or negotiation, extend its boundary to the Pacific; but during existing relations the President cannot perceive in what manner speculations concerning the territory referred to have any relevancy to the question now under consideration.

Should the Convention of limits not have been concluded before the receipt of this, if agreeable to the U. States' Government, stipulate that it is only to be run at the present time from the 32nd. degree of north latitude on the Sabine to Red River, which is a distance of about one hundred and fifty miles.

I herewith transmit a Convention of Indemnity to American citizens, who suffered injuries by the capture of the Pocket and impressment of the Durango, recently entered into between the Chargé d' Affaires of the U. States and this Government, which has been duly ratified by the Senate of this Republic;" and I am directed by the President to instruct you to proceed to the exchange of the ratifications thereof as soon as circumstances will permit. Your Power is deemed sufficiently ample for this purpose.

In regard to the Treaty of Amity, Navigation and Commerce the President prefers that it should be negotiated here. The Hon. Chargé of the U. States has no power authorizing such a negotiation. Will the U. States transfer it to this place?

In the negotiation of this important treaty the peculiar condition of Texas as contrasted with Mexico should be weighed with great deliberation in order that its stipulations may establish our commercial relations with the U. States on terms of reciprocal interests.

The treaty between Mexico and the U. States, although framed as it is in the spirit of equality, contains stipulations that would be objectionable to this Government owing to the great difference between the extent, position and organization of the Government of the U.

• See U. S. Treaties and Conventions, 1078.