Pérez de Castro was the Spanish Minister of State under the new constitution. With him, Forsyth appears to have had no difficulty, although the matter of ratification was before the Cortes for three months before action was taken.45 In October, Forsyth was officially informed of the determination of the Cortes to cede the Floridas and that the land grants would be set aside. An order was also sent to Vives to cede the Floridas and to deliver them within six months after the ratification, or sooner if possible.46

In spite of the opposition of Clay, on February 19, 1821, the Senate again voted to ratify the treaty, and on the twenty-second the ratifications were exchanged, thus ending the negotiations which had been pending for over sixteen years.*7

45 State Papers, Foreign Relations, IV, 691-692.

46 Ibid., IV, 70.

47 Annals of Cong., 16 Cong., 1 Sess., II, 1719-1731; Fuller, The Purchase of Florida, 321; Chadwick, The Relations of the United States and Spain, Diplomacy, 146.

CHAPTER IV

NEGOTIATION OF THE TREATY OF 1828

Owing to the delay in the ratification of the treaty of 1819. the United States had made no move to survey the boundary line when Mexico declared her independence. To the new republic the government at Washington had to look to carry out the stipulations of the treaty. The stability of the Iturbide régime being questionable, the United States proceeded with the greatest caution in opening relations. Instead of sending a regularly accredited minister, Joel R. Poinsett was despatched as an agent to report on conditions.1

In 1822 Congress made appropriations to defray the expense of sending ministers to the various Latin American republics, but the executive delayed in making the appointments. At a cabinet meeting in November the matter was discussed; Adams was of the opinion that ministers ought not to be sent except in return for ministers sent by them. Monroe did not agree, but thought that the governments of Mexico, Colombia and Peru were too unstable to warrant the opening of full diplomatic intercourse.2

In January, 1823, Monroe determined to send ministers, and asked Adams to offer the Mexican mission to Senator Brown of Louisiana, but Brown declined, whereupon Adams proposed Andrew Jackson; but he likewise refused on the ground that he would not countenance the imperial usurpation of Iturbide.

1 Bancroft, History of Mexico, V, 48; Poinsett, Notes on Mexico.

2 Adams, Memoirs, VI, 110–114.

3 Ibid., VI, 122-123.

4 Ibid., VI, 128-129.

5 Ibid., VI, 281.

Two aspirants for the office next appeared, Ninian Edwards, a former governor and at that time a senator from Illinois, and George M. Dallas of Pennsylvania. Edwards had the support of Adams, and Dallas of the Pennsylvania delegation in Congress. Edwards proved to be the successful candidate; in March his nomination was confirmed by the Senate and he made preparations for immediate departure.

At this period the political situation was becoming acute. supporters of Clay, Adams, and Crawford indulging in virulent criticism of the rival candidates. After the appointment of Edwards, Crawford made a report to the House of Representatives that Edwards had made false statements about him before a committee of the House. Edwards retaliated by making several allegations of official misconduct on the part of the Secretary of the Treasury, closing with a broad insinuation that he was guilty of perjury. A committee of investigation was appointed and Edwards, who had started on his journey, returned to Washington. This embroglio proved extremely embarrassing to the administration, and there was considerable difference of opinion as to the course to be pursued, Adams and Monroe agreeing that Edwards ought to resign immediately, Calhoun considering that this would be a confession of guilt. Cabinet meetings were held on June 21 and 22 to discuss the matter, and while the second one was in session, a letter arrived from Edwards, tendering his resignation.10 Nothing further was done for several months, Adams being fearful that Congress might refuse to vote further appropriations."1

In December Obregón arrived at Washington, announcing the establishment of the Mexican constitution and the election of

6 Adams, Memoirs, VI, 234; Rives, The United States and Mexico, I, 162. Adams, Memoirs, VI, 249-250, 262-263.

8 Ibid., VI, 296–298.

9 Ibid., VI, 304–307. 10 Ibid., VI, 389–395. 11 Ibid., VI, 413-415.

Poinsett sent as Minister to Mexico

73

Victoria and Bravo." 12 There was no further reason for delay. Adams' principle that a minister should not be sent until one was received could now be applied, and Monroe's fear of the instability of the Mexican government was apparently removed. The mission was offered to Poinsett, but he declined. Several others were then considered, among them Dallas and Benton, 13 but Monroe finally decided to leave the matter for the incoming President.

In February information was received from Rush, the minister at London, that the British government had determined to recognize immediately the independence of Mexico, Colombia, and Buenos Ayres, a fact which made it desirable that a minister be immediately appointed by the United States. Clay urged the nomination of General William Henry Harrison, but Adams preferred Poinsett. To him the offer was made immediately after Adams became President, but Poinsett put forth two objections. He feared that his successor in Congress might be a troublesome individual; furthermore he had urged the appointment of Benton. Adams assured him that he would not nominate the Missouri senator, and the following day Poinsett accepted. 15

Joel Roberts Poinsett was a native of South Carolina, possessed of independent fortune. He had traveled extensively in Europe, visited Siberia and the interior of Russia. and had declined to enter the service of the Czar. In 1810 he was appointed as a government agent to South America, his title being "Agent for Seamen and Commerce in the Port of Buenos Ayres," but afterward the title was changed to consul-general. Later he visited Chile, where he joined the revolutionists, leading a brigade of the patriot army against the Spaniards. He returned to Buenos Ayres and in 1815 came back to the United

12 Adams, Memoirs, VI, 456.

13 Ibid., VI, 484-485.

14 Ibid., VI, 498.

15 Ibid., VI, 519-524.

States." 16 In 1817 Monroe offered him a second mission to South America, but he had entered the legislature of South Carolina and declined the appointment; later he went to Mexico as special agent and upon his return was elected to Congress. During the closing years of Monroe's administration, the United States had maintained a secretary of legation at Mexico, John Mason acting in that capacity."7

The question of the boundary between the two countries received the immediate attention of the Mexican government. In October, 1822, Zozaya, the first representative to the United States, was instructed to ascertain the views of that government concerning the limits of Louisiana. He was to proceed on the assumption that the line of the treaty of 1819 was agreeable to Mexico. Shortly after his arrival at Washington, he wrote to his government that he had discovered ambitious designs on the part of the United States regarding Texas. In August, 1823, José A. Torrens, the Mexican chargé, wrote to his government that the public press was averse to the loss of Texas, and advised against permitting an American population to become predominant in Texas.

In October, 1823, Alamán, the Secretary of Foreign Relations after the fall of Iburbide, instructed Torrens to exert himself to have the boundary, as laid down in 1819, confirmed and marked.18 On February 15, 1824, Torrens informed the State Department that his government desired to fix the limits according to the treaty of 1819, and to appoint commissioners to run the line.19 No reply, however, was received. In the summer of 1824 Obregón was appointed minister. His secret instructions stated that reports had been received which indicated that the United States had intentions on the Californias, New Mexico,

16 Paxson, The Independence of the South American Republics, 106–112. 17 Adams, Memoirs, VII, 16.

18 Manning, in The Southwestern Historical Quarterly, XVII, 217–220. 19 Torrens to Adams, February 15, 1824, Congressional Debates, XIV, Pt. 2. App., 126.