[Sidenote: Texan independence recognized by the United States.]

Congress was not, however, willing to invest the President with the contingent power to make offensive war. The recommendation of the President in the case had, nevertheless, considerable influence in determining the minds of the Senators in regard to the question of recognizing the independence of Texas. On March 1st, 1837, the Senate adopted Mr. Walker's resolution. On the previous day the House of Representatives had voted to insert in the civil and diplomatic appropriation bill an item for the expenses of a diplomatic agent to Texas, whenever the President should receive satisfactory evidence that Texas was an independent Power and should consider it expedient to appoint such a minister. President Jackson had invited this expression of the {300} views of Congress in his message of the previous December, in which he expressed the view that Congress ought to determine the expediency of recognizing the independence of Texas, and, although the resolutions of the two Houses of February 28th and March 1st, 1837, did not formally a.s.sume to recognize that independence, the President evidently attributed to them some virtue, since he soon opened diplomatic intercourse with the Texan agent at Washington. The resolutions of the two Houses of Congress and this act of the President, taken together, were regarded by the people of the United States and by foreign Powers as a recognition of Texan independence.

[Sidenote: The question of annexation.]

It was clear to all thinking minds that the next step after independence would be annexation to the United States. There is little question that Texas was big enough and strong enough to stand alone against Mexico, certainly with the aid which she was sure to receive from without and with the growth which she was destined to enjoy; but there was no natural boundary between the United States and Texas, and the inhabitants of Texas were chiefly Anglo-Americans. The natural boundary of the United States on the southwest is the desert between the Nueces and the Rio Grande, and the territorial extension of the United States to that limit was simply the fulfilment of the moral order of the world, which tends to make the lines of states correspond with the lines of physical geography and of ethnical differences.

Except for the connection of the question of slavery extension with that of territorial extension after 1836, the question of the annexation of Texas would have been generally viewed in this natural and national light. That connection, however, made the North generally a.s.sume the att.i.tude {301} of opposition to annexation, while it greatly excited the desires of the South in favor of it.

[Sidenote: Webster on annexation.]

On his way homeward from the Congress which voted in favor of annexation, Mr. Webster made a great speech in New York, in which he declared himself opposed to annexation on the ground that it would extend slavery. Mr. Calhoun had, nearly a year before, as we have seen, declared himself in favor of it for the same reason. After these two declarations, from such leaders, the eyes of the people were open to every feature of the question, and it could not have been any longer a matter of intrigue.

[Sidenote: Texan proposition for annexation.]

In August, 1837, the Texan agent at Washington, General Hunt, proposed to President Van Buren the annexation of Texas to the United States.

The President promptly and firmly declined, and the matter rested during the remainder of his Administration.

The sudden and unexpected accession of Vice-President Tyler to the presidency, in 1841, was the event which opened the way for the commencement of negotiations for annexation. The new President was known to be favorable to the project.

[Sidenote: The Mexican Claims Commission and its work.]

Meanwhile the diplomatic relations between the United States and Mexico, so suddenly broken off in the latter part of President Jackson's Administration, had been renewed in the early part of President Van Buren's Administration, and, after considerable negotiation in regard to the claims against Mexico, a convention between the two Powers had been arranged, and, on April 8th, 1840, proclaimed by the President as definitely concluded. The convention provided that the claims of the citizens of the United States against Mexico should be submitted to, and decided by, a commission, which should be {302} composed of two members appointed by the President of the United States, and of two other members appointed by the President of Mexico; that the commissioners should meet in Washington within three months from the date of the exchange of ratifications of the convention; that the commission should terminate its duties within eighteen months from the time of its first meeting; and that when the commissioners could not come to any decision, the question upon which they might disagree should be referred to an arbiter appointed by the King of Prussia, etc. With this the question of the private claims against Mexico, already submitted, was, momentarily, put at rest. The claim of satisfaction for public injuries and affronts remained unsettled, and no provision was made for the consideration of private claims which had not been submitted before the ratification of the convention, or of those which might arise after the same date. Plenty of opportunities were thus left for the rise of difficulties in the claims question which might lead to hostile relations between the two Powers.

[Sidenote: Tyler as an advocate of annexation.]

As early as the winter of 1841-42, it was suspected that President Tyler's Administration was preparing to move in the matter of annexation. In fact, Mr. Wise, of Virginia, the President's bosom friend, and his organ in the House of Representatives, reiterated upon the floor of the House, on January 26th, 1842, Mr. Calhoun's doctrine about annexation, p.r.o.nounced in 1836, that the annexation of Texas was essential to slavery extension, that slavery extension was necessary to preserve the balance of power between the North and the South in the Union, and that the preservation of this balance of power was the necessary condition of the perpetuity of the Union.

{303} Mr. Wise expressed this opinion in the midst of an acrimonious debate, and whether he, in an unguarded moment, betrayed the policy of the President, or simply gave vent to his own excited feelings, is still one of the speculations of American history.

[Sidenote: Mr. Webster in the way of annexation.]

[Sidenote: The Adams address on annexation.]

So long, however, as Mr. Webster remained at the head of the State Department it was impossible for the President to make any progress with a definite plan for annexation, even if he entertained one.

Nevertheless, thirteen anti-slavery Whig members of Congress, led by Mr. John Quincy Adams, issued, on March 3rd, 1843, an address to the people of the non-slaveholding Commonwealths, declaring that there was a definite plan of annexation already settled upon, and about to be consummated, and denouncing the execution of it as being tantamount to a dissolution of the Union.

[Sidenote: The retirement of Webster.]

On May 8th, 1843, Mr. Webster resigned the secretaryship of State. It was said by some that the President drove him out, in order to appoint a Secretary who would carry out his plans for the annexation of Texas; but Mr. Webster himself indicated by his acts and words that he had determined to resign more than a year before, and had remained in office only for the purpose of concluding the negotiations with Great Britain which culminated in the Ashburton Treaty, an agreement in which Mr. Webster's section had an especial interest.

There is little question, however, that President Tyler was glad to have him go, for the President placed the annexation of Texas before every other policy of his Administration.

[Sidenote: The promotion of Upshur, and his negotiations with the Texans.]

Soon after Mr. Webster's resignation the President transferred Mr.

Upshur from the secretaryship of the {304} Navy to that of State. Mr.

Upshur was the man whom suspicion had already marked as the confidant of the President in the annexation scheme. This suspicion was speedily confirmed by his entering, almost immediately, upon negotiations with the Texan agent at Washington, Mr. Van Zandt, for annexation.

Soon after the recognition of the independence of Texas by the United States, Great Britain, France, and Belgium took the same step, presumably for the purpose of establishing commercial relations with the new state. But, in the summer of 1843, the British Government appeared in the character of the most favored mediator between Mexico and Texas for the recognition of the independence of Texas by Mexico; and a friend of President Tyler's Administration wrote, from London, that a representative of the anti-slavery men in Texas was in London, negotiating a loan of money from an English company, with which to pay for the liberation of all the slaves in Texas, and that the interest upon the loan was to be guaranteed by the British Government, on the condition that the Texan Government would abolish slavery.

The Administration professed to credit this story, and Mr. Upshur wrote to General Murphy, the diplomatic agent of the United States in Texas, informing him of this communication from London, and arguing the double danger to the United States of British interference in Texas, and of the abolition of slavery there. This letter bears date of August 8th, 1843, and is considered as marking the beginning of the actual negotiations for annexation. It was certainly intended to prompt General Murphy to sound the Texan Government upon the question of annexation.

[Sidenote: The threat of the Mexican Government to consider the annexation of Texas a cause of war.]

[Sidenote: The Administration proposes annexation to the Texan agent.]

The Mexican Government evidently discovered the {305} movement immediately, for, on August 23rd, the Mexican Secretary of State declared to Mr. Thompson, the Minister of the United States to Mexico, that the Mexican Government would consider any act of the United States to annex Texas as a declaration of war on Mexico. For seven years Mexico had made no war on Texas, though professing to regard the new state as only a rebellious province. In September of 1842, several marauding expeditions had crossed the Rio Grande, raided around for a few days, and then returned to Mexico. The Mexican Government called this a continuance of the war, and demanded that the states of the world should observe the att.i.tude of neutrals toward a friendly Power engaged in suppressing a rebellion on the part of certain of its lawful subjects. This was absurd. From the point of view of international law Texas had won her independence, and might make what agreements she pleased with any other Power. The President paid no attention to the Mexican threat. On October 16th, 1843, Mr. Upshur formally proposed annexation to Mr. Van Zandt, and in his message to Congress, at the beginning of the session of 1843-44, the President indicated to Congress that the negotiations for annexation were in progress, and referred to the fact that Mexico threatened war in case the United States should resolve to annex Texas.

[Sidenote: The difficulty in the way of acceptance of the proposition.]

The great difficulty in the way of the negotiations was the fear on the part of the Texans that, upon the signature of the Treaty by the Presidents of the two countries, and before its ratification by the respective Senates, as required by the respective Const.i.tutions, the Mexicans would collect all their forces and make one supreme effort to reconquer Texas. The Texans wanted the {306} protection of the United States in this interim, and the embarra.s.sing question for Mr. Tyler's Administration was whether the President of the United States had the const.i.tutional power to extend it. Would not war, undertaken in defence of one foreign Power against another, be offensive war, in the sense of the Const.i.tution of the United States, such war as Congress alone can authorize? Or, could Texas be considered a part of the United States from the moment that the two Presidents signed the Treaty of annexation, and before its ratification by the respective Senates, thus making war in her defence defensive war, such war as the President of the United States may, of his own power, undertake?

[Sidenote: The demand of the Texans for protection in the interim.]

About the middle of January, 1844, Mr. Van Zandt demanded of Mr.

Upshur whether, in case the President of Texas should agree to the proposition of the President of the United States for annexation, the President of the United States would protect Texas, from the moment of this agreement between the two Presidents, against all foreign attack.

Mr. Upshur seems to have been greatly perplexed by the question, for he made no reply.

About the middle of February, the President of Texas caused the same question to be put to the United States agent in Texas, General Murphy. Murphy was a blunt, brave man, full of chivalry, but quite empty of const.i.tutional and international law. He immediately returned an affirmative answer, whereupon President Houston sent a special envoy to Washington, armed with plenary power to conclude a treaty of annexation.

Whether Secretary Upshur, and, of course, the President, knew of the promise which Murphy had made for his Government to Texas, before the sudden death of Mr. Upshur, on February 28th, has never been determined.

{307} During the second week of March, Mr. John Nelson, the Secretary of the Navy, was temporarily transferred to the State Department, and one of his first acts was to officially disavow Murphy's promise to President Houston. He very nearly informed Murphy, however, that President Tyler was personally pleased with what he had done. The Texan agents at Washington refused, however, to proceed with the negotiations until President Tyler would ratify Murphy's promise. Mr.

Nelson would not risk his reputation as a const.i.tutional lawyer by inventing an interpretation of the Const.i.tution which would warrant this. At the end of the month Mr. Calhoun was put in his place, and he was remanded to the Department of the Navy.

[Sidenote: Mr. Calhoun in the State Department.]

[Sidenote: The Treaty of annexation signed.]

About a fortnight after taking possession of his office, Mr. Calhoun officially informed the Texan agents at Washington that the President had ordered the concentration of a strong squadron of war-vessels in the Gulf of Mexico, and had commanded the movement of land forces to the southwestern boundary of the United States to meet all eventualities, and that the President would use "all the means placed within his power by the Const.i.tution" to protect Texas against foreign invasion during the pendency of the Treaty of annexation. On the day following this communication, the Treaty of annexation was signed by the President of the United States and by the Texas plenipotentiary for the President of Texas.

Ten days after this, the Treaty was sent to the Senate of the United States for ratification. In the message accompanying the Treaty the President informed the Senate of the disposition he had made of the troops and naval vessels, and justified the same by the claim that the President _makes_ the treaties, that the Senate only ratifies {308} them, that the validity of the treaties, therefore, dates from the President's agreement, and that, therefore, in this case, Texas was, from and after April 12th, 1844, a part of the territory of the United States, all of which the President was bound to defend against foreign attack. Whether this was President Tyler's const.i.tutional law or Mr.

Calhoun's we do not know. If this doctrine is to be ascribed to Mr.

Calhoun it certainly marks a great departure from the general principles taught by him after 1830. One would think that his "States'

sovereignty" theory of the Union would have led him to attribute as little power as possible to the general Government, and as much of that little as possible to the Senate, but here were both nationalism and Caesarism combined.

[Sidenote: The Treaty in the Senate and its rejection.]

[Sidenote: Mr. Archer's opposition to the Treaty.]

The Treaty was before the Senate, in secret session, from April 22nd until June 8th, when it was rejected by a vote of thirty-five to sixteen. It is not necessary to examine the reasons which moved the Northern Senators to vote against it, but it is important to understand some of the grounds upon which Senators from the slaveholding Commonwealths opposed it. Senator Benton declared that the Treaty annexed not only Texas but parts of four other Mexican provinces, which would be an international outrage upon Mexico. Most of the Southern Senators, however, were influenced by the fear of war with Mexico. But the most significant objection to it, from the point of view of subsequent events, was that urged by Mr. Archer, of Virginia, the chairman of the Senate committee for Foreign Affairs. He claimed that a foreign state could not be annexed to the United States by means of a treaty, and that, if a foreign state could become connected with the Union at all, it must be by means of an act of Congress. A large number of the Senators approved of this {309} doctrine. It was a pregnant idea to the President and Mr. Calhoun. It indicated that there was another way to accomplish annexation.

While the Treaty was under consideration in the Senate, the national conventions for the nomination of presidential candidates had a.s.sembled. The Whigs had nominated Mr. Clay, who was regarded as opposed to annexation. The friends to annexation in the Democratic party had been able to put Mr. Van Buren aside, and had nominated James K. Polk, of Tennessee, an outspoken advocate of immediate annexation, and had made the "re-occupation of Oregon and the re-annexation of Texas" the chief plank in the party platform.

[Sidenote: The new plan for annexation.]

Here now were all the elements of a new plan for annexation, which promised more success. They were, the doctrine unwittingly advanced by Mr. Archer, and as unwittingly approved by many of the Senators, that Texas could be connected with the United States only by means of an act of Congress admitting her as a Commonwealth into the Union, the plank of the platform making annexation the chief issue of the campaign for the election of a new President and a new House of Representatives, and the connection of the Oregon question with that of annexation, in order to get votes in the North for both projects at once.