The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1843-12-13

utahSSo VI HIS HOot utStihBuisHtu cOuSutfatIOn-
lciD WADDY THOMPSON.
His Excellency JOSE NJ. DE BocAsEGRA
Minister Of Foreign Relations &c
lUr. Upshur TO Mr.. IHompson
DEPARTMENT OF STATE,
Washington, October 20, lS43.
Sir: Your dispatches, Nos -, are received. 1t
is gratifying to perceive that the Mexican Govern
ment has manifested disposition to render prompt
justice in the matter Of the forced loan and the de-
mand made on MIR. Robinson on account of claims
alleged to exist against Mr.. Powers. No concession
can be made either ofthese points
Your letter to Mr.. De Bocanegra, in reply to that
which he addressed TO you the 23d August, is GER
tanly in respect too spirited or positive The
language OF Mr. Bocanegra's letter, par icularly in
ITS concluding sentence, is highly offensive and you
would have been fully justified in requiring him to
withdraw 1t. The warning which you have given
him against the of similar expressions in future,
will, it is hoped have its effect. If, however, you
should again be addressed in terms assuming and
SO disparaging to the United States, you will demand
that the letter be withdrawn that suitable apology
for il be made. You will at the same time inform
the Mexican Government that you can hold no inter-
course with it, except such terms of courtesy and
respect as due to the honor and dignity Of the
United States sq So 6f eat l.s' t
In regard to the threat that Mexico will consider
the annexation of Texas to the United States as
equivalent 10 declaration of war, you were GER
anly right to offer explanation whatever Should
the subject, however, be again brought to your at
tenton in proper manner you will say that you
not In possession of the views of your Government in
relation to it: YOU may intimate, however, if the
occasion should justify it, that, as the independence
Of Texas has been acknowledged, not only by the
United States but also by all the other principal
Powers of the world most of whom have established
diplomatic relations with her, she is to be regarded
as an Independent and sovereign Power, competent
to treat for herself; and she has shaken off the
aIthOrtty of Mexico and succeSSfuli sisted her
power for eight years, the United States will not
feel themselves under any obligation to respect her
former relation with that cou,try; that we should
greatly regret any interruption of friendly rela
tons with Mexico, and do not design TO do any thing
Of which she can justly complain; that if war should
ensue Mexico herself will be the aggressor and will
alone be responsible for all the evils which may at
tend it; and that in the mean time the United States
will pursue the policy which their honor and their
interest require, taking council only Of their own
sense OF what IS due to themselves and to other ma
tions
The order of the Mexican Government prohibit
ing the Importation OF certain articles of merchan-
disc, and subectng to forfeiture the same and other
articles air ady imported, unless they shall be dis
posed of in one year, u.s. beyond all doubt in viola
ton OF the spirit OF our treaty with that country. 1t
is, to say the least of it, very extraordinary pro-
ceedlng on the part of Government which pro-
issses to feel sincere desire to cultivate friendly
relations and to hold liberal intercourse with other
countries. So far as the prohibition OF future inn
portaton extends do not perceive that it violates
the treaty The third article of the order which
subjects to forfeiture, after prescribed time goods
already on hand, the importation Of which was me-
yer authorized probably does not involve any wrong
or injustice; but the fourth article which subjects to
like FORT iture goods LAWFULLY imported unless they
shall be sold or shipped within year, is mani
fest violation of the liberty of trade secured by the
treaty. "
II subjects American merchants to liabilities which
were never contemplated, and utterly destroys the
trade which the treaty was intended TO secure 1t is
a fraud upon the American merchant The treaty
authorized and invited him to fill his warehouse with
imported goods, and as soon he has done So they
are subjected to forfeiture by post acto Decree
with the conditions Of which it may and probably will
be impossible for him to comply. The United
States will by means submit to such Injustice and
so plain niraction of treaty stipulaons 1t will be
proper for you therefore, complain of the Liberal
character of the whole order and 10 protest. in the
strongest manner, against the provisions of the fourth
section OF it Any loss or injury which citizens of
the United Sta es may sustain from any proceeding
un Ter that section will be ground for reclamation
against the Mexican Government.
| am very anxious to know what progress has been
made towards some suitable arrangement for the
further adjustment OF American claims. hope that
YOU will be able TO conclude convention viii h will
justice TO citizens. This has already been
too long delayed to the great injury Of all Of them
The history of our past iplomalic intercourse with
Mexico suggests the necessity of using towards that
Government tone of decision. Her functionaries
have more than once ventured TO assume wards the
United States an attitude Of superiority not less Of
iensive than surprising. This am sure you will
never suffer TO pass without proper rebpke. In the
transaction of business with that Government it
will be proper TO present, as soon as possible,
your ultimaum, aud 10 insist on direct and
positive answer. Demanding nothing but what is
strictly right, there can be no reason why Just
demands should attention -
While this Government is not disposed 10 press that
Of Mexico with unnecessary rgor, pcrceives nothing
in any pending question which may not be easily adj
justed by frank and candid discusslon with sincere
desire to do justice Unreasonable delays are to be
met by an urgency your paIt which shall show at
once the disposition Of the United States to render
full and prompt Justice to Mexico and to insist
ceiying like treatment from her.
am, sir, with great respect, your obedicnt ser
want A. 7. UpSHUR
WApDY THOMPSON, Esq, &c.
+ Translation Of The decree Of the Nerican
Government referred 10 in Tie instructions
Of Mr. UPsnUR 10 Nj. THOMPSON, Of The 10th
Ocfober, 1S43
VALExrIy CANALzo, General Of Division, Governor
and Commandant General of the Department Of
Mexico.
The following has been communicated to me by
the Minister of Finance, under date oil the l4h in
slant
His Excellency the Provisional President has been
pleased to issue the following decree
Ant, MO Lopez dc Santa Ana General Of Division,
Benemento Of the country, and Provisional President
of the Mexican Republic, to the inhabitants thereof;
Be ii known, that DESTROYS 10 protect tie national in
dusty by giving occupation and of subsistence
to the needy ass and TO bring into effect the many
elements with which the Republic abounds, using
the faculties bestowed upon by the seventh of the
bases adopc in this city, and sanctioned by the
-. ,xIt .I., (.lI.
Art. |. The imporl alton of tAe following articles
into the Republic is prohi ed, under pain Of confs-
cation
Here follows long specification Of the art ccs to
be prohibit
An 2, The prohibit on set forth in the pr,cedi g
article sholl begin To have efc four months from the
date of The pubcat of this decree in the capital Of
the Republic with regard to all articles tering the
purts of the Mexican Gulf and at the end Of six
months for The ports of the South Sea- the Gulf of