For Frémont (Benton’s son-in-law) see chap. xxxi, [note 19].

Benton was probably opposed to the treaty also because he had held that Texas ended at the Nueces. There was a particular reason for saying that we obtained the new territory by cession rather than by conquest. The latter construction would have raised the troublesome questions, What place is there under our Constitution for a conquered province, and what right has our government to hold foreigners in subjection ([210]B. Tucker to Hammond, Mar. 16, 1848)? Four senators did not vote. For an analysis of the vote see Rives, op. cit., ii, 636–7.

[23.] Dallas in Public Ledger, June 15, 1849. Sen. 69; 30, 1, pp. 66–72 (Buchanan). Art. 10 was thought insulting to Texas and contrary to the terms of annexation. Probably American courts would not have enforced it, and almost certainly it would have caused much litigation. Sevier and Clifford were authorized to give Mexico (if necessary), after her ratification of the amended treaty, a choice between the two methods of payment ([52]to S. and C., Mar. 22, 1848). For the treaty as drawn and as amended see Ho. 50; 30, 2.

[24.] Polk, Diary, Mar. 11, 12, 14–18, 20, 23. Welles papers. [52]Buchanan to Clifford, Mar. 18, 1848. Polk to Senate, Mar. 18: Richardson, Messages, iv, 577. Claiborne, Quitman, i, 318. Ho. 50; 30, 2, pp. 47–52 (Buchanan), 55 (Clifford, Sevier). Benton, View, ii, 711. [335]Memoranda.

The amount paid for nominal services in securing the consummation (in Mexico) of Trist’s treaty was $28,728.67, while he received nothing for doing the real work. Years later he was paid (Sen. Rep. 261; 41, 2). It is true that disgust with Polk’s course toward Scott and himself, and particularly with Polk’s employing a man like Pillow, led Trist to say he would not serve again under Polk ([335]Nov. 28, 1847); but had the President now acted a manly part, Trist would no doubt have accepted the appointment given to Sevier. For R. E. Lee’s feeling on the matter see Lee, Gen. Lee, 46. In the night of Mar. 11 Maj. Graham left Washington to notify Butler of the ratification of the treaty (Polk, Diary). Buchanan’s letter to the minister of relations (Ho. 50; 30, 2, pp. 47–52) gave a conciliatory explanation of the amendments.

[25.] [13]Doyle, nos. 18, 29, 1848. [83]Relaciones, circular, Feb. 6. [76]Circulars, Feb. 16, 18. Atalaya, Feb. 2, 1848. Correo Nacional, Feb. 7. Kenly, Md. Vol., 464. Exposición dirigida. Negrete, Invasión, iv, 296–334. Roa Bárcena, Recuerdos, 615, 619. Rejón, Observaciones. Communicación circular. México á través, iv, 708–9. Eco del Comercio, Mar. 15. [80]Junta legislativa of Méx. state to gov., Dec. 17, 1847; reply from Peña, Dec. 28. In view of previous notes, further citations here seem unnecessary.

[26.] (Impression) Polk, Diary, Mar. 9; Calhoun Corresp., 757 (to T. G. C.). [60]Butler to Marcy, Mar. 3, 13; Apr. 7. [13]Doyle, nos. 18, 29, 41, 52, 1848. Ho. 50; 30, 2, pp. 55–6 (S. and C.), 72 (Rosa). Correo Nacional, Feb. 7. México á través, iv, 710. Long, Memoirs, 62. Apuntes, 393. (Hunt up) [291]Winship to Pierce, Mar. 5. [52]Trist, nos. 25, 27, 29. Rivera, Jalapa, iv, 64. [125]Bonham to mother, May 14. Picayune, Feb. 27. (Hawked) Wash. Union, Apr. 9, 25 (letters from Mexico).

It was feared that Polk’s haste in sending Sevier and Clifford would lead the Mexican Congress to feel that we were eager for peace; that the inexperience of those diplomats might tempt the Mexicans to test their ability; that the recall of Scott and Trist would have an unfavorable influence, and that Mexican Congressmen might hold off in order to be bought by the Americans with funds said to have been provided for the purpose (Polk, Diary, Feb. 7). On the other hand the refusal of the government to appropriate any part of the fifteen millions coming from the United States produced a good effect. It was an excellent sign that Almonte failed to get elected to the Senate. A quorum assembled May 3. Congress opened formally May 7. By May 9 the treaty was before it.

[27.] Ho. 50; 30, 2, pp. 61 (S. and C.), 62–72, 76. Apuntes, 393–5. Exposición dirigida. Negrete, Invasión, iv, 296; app., 399. Ballentine, Eng. Soldier, ii, 295–6. México á través, iv, 710. Public Ledger, June 15, 1849 (Dallas). (Preparations) Richardson, Messages, iv, 544, 546. Wash. Union, June 9. Nat. Intellig., Mar. 14. [13]Crampton, no. 19, 1848. [13]Doyle, no. 54, 1848.

Peña said he regretted the amendments but—especially since no new negotiation was deemed possible—did not think the treaty should be rejected on account of them. The vote in the Chamber of Deputies, May 19, was 51 to 35; in the Senate, May 24, 33 to 4 ([60]Butler to Marcy, May 26). Action of the New Mexico Legislative Assembly looking toward absorption in the United States was of great assistance, for it stopped the cry that loyal citizens were being sold. Some 300–500 American deserters, who were at Querétaro, took a strong stand for peace, because they were likely to be captured and shot, should the war continue; and the Mexicans felt considerable responsibility for the deserters. Polk’s Message of Dec. 7, 1847, declared strongly for pushing the war at the expense of Mexico, if she would not make a treaty, and announced that California and New Mexico would not in any event be relinquished. Under this spur our Congress voted additional forces. The Whigs held off, but dared not refuse to support the war (p. 291). The speeches particularly worthy of attention were those of Cass (Mar. 14) and Webster (Mar. 23). Noisy popular demonstrations of joy were lacking because there had been no business disturbances, no invasion and no sinking of ships, the seat of war was distant, for nine months nothing striking had occurred there, Taylor and Scott were out of the field, and few had personal reasons for feeling interested in our Mexican relations.