were given considerable latitude; a portion of the third article read: "They shall make out plans and keep journals of their proceedings; and the result agreed upon by them shall be considered a part of this treaty, and shall have the same force as if it were inserted therein."49 Hunt objected to this, desiring that a clause be inserted which would leave it discretionary with either government to object to the agreement within three months or less after they might fix and report the boundary. To this President Van Buren objected on the ground that it would be necessary to enter into a new treaty, if any change were made in the original. Hunt waived the point,5o and the convention was signed on April 25, 1838.

The convention provided that each government was to appoint a commissioner and a surveyor, who were to meet within a year after the exchange of ratifications. It was agreed that the commissioners were to have the powers before mentioned, and that until the line was run, each government was to continue to exercise jurisdiction in all territory over which its authority had been exercised. The line was to be marked from the mouth of the Sabine, where it entered the Gulf of Mexico, to the Red River, and the remaining portion was to be run at such time as was convenient to both governments. The ratifications were to be exchanged at Washington within six months.51 It may be noted here that the convention specified the Sabine; the question, however, as to the Sabine or Neches became a subject of discussion by the boundary commissioners.

Hunt had accomplished all that was possible in view of existing circumstances. He was convinced that annexation would not receive the approval of congress. The conclusion of the boundary convention was a positive accomplishment, and he could return to Texas feeling that he had attained a definite

49 Treaties, Conventions, (Malloy, ed.), I, 1083-1084.

50 Hunt to Irion, April 28, 1838, Tex. Dipl. Corr., I, 325-326.

51 Treaties, Conventions, (Malloy, ed.) II, 1779-1780.

Ratification of the Treaty

223

result. On June 5 he tendered his resignation and immediately set out for home.52

53

57

On May 24 the convention was submitted to the Texan senate and was soon after ratified.54 In the recess of congress Peter W. Grayson was appointed to fill the position made vacant by the resignation of Hunt;55 his untimely death intervened,50 and Anson Jones was appointed. In the first letter addressed to the new minister, Irion urged that he exert himself at the earliest opportunity to procure the appointment of a United States commissioner.58 Again, a month later, he deemed it necessary to urge the matter upon Jones. The minister, however, did not arrive at Washington until September 23, where he found both Van Buren and Forsyth absent from the city. Vail, the acting secretary, informed him that nothing could be done regarding the boundary commission, as the President had not yet signed the ratification.60

61

59

On October 2 Van Buren returned to the capital and on the ninth Jones was presented. On the following day he addressed a note to Vail, pointing out that the time for ratification would. expire in fifteen days and that he was then prepared to make the exchange on the part of Texas.62

In the United States senate the convention had experienced no difficulty and the ratification was advised by that body on May 10; Van Buren signed it on October 4, and on the twelfth

52 Hunt to Irion, June 5, 1838, Tex. Dipl. Corr., I, 330. 53 Secret Journals, 110.

54 Irion to Grayson, June 12, 1838, Tex. Dipl. Corr., I, 330-331. It is impossible for me to state on what day the convention was ratified, as the Secret Journals are deficient in this data.

55 Irion to Grayson, June 12, 1838, Tex. Dipl. Corr., I, 330-331.

50 Catlett to Irion, July 29, 1838, ibid., I, 341–342.

57 Secret Journals, 113.

58 Irion to Jones, August 7, 1838, Tex. Dipl. Corr., I 342-343.

59 Irion to Jones, September 7, 1838, ibid., I, 344.

60 Jones to Irion, September 26, 1838, ibid., I, 344-346.

61 Jones to Irion, October 13, 1838, ibid., I, 346-347.

62 Jones to Vail, October 10, 1838, ibid., I, 347-348.

63

the ratifications were exchanged. On the same day Jones formally withdrew the offer of annexation.64

A month later Jones sent the ratifications of the treaties of indemnity for the brig "Pocket," which had recently been exchanged, and that of limits, to his government. The greatest care was taken to insure their safety; he wrote:

...

I have had [them] safely packed in a box. . . and forwarded. . through our Consul, Mr. Henry H. Williams of Baltimore and directed to the care of Mrssrs McKinney and Williams of Galveston. The Box was sent by Mr. Williams per the schooner Axis from that post for Galveston on the 7th Inst in the charge of Captn. John Allen her commander, who promised to take it in his Cabin, and deliver it as directed.65

63 Treaties, Conventions, (Malloy, ed.) II, 1779.

64 House Ex. Docs., 25 Cong., 3 Sess., I, Doc. 2, p. 33.

65 Jones to Irion, November 16, 1838, Tex. Dipl. Corr., I, 350.

CHAPTER XII

THE SURVEY OF THE TEXAS-LOUISIANA BOUNDARY

After the exchange of ratifications, the next work to be done was the appointment of the commissioners. Texas had already appointed Shelby Corzine, but he eventually declined to accept. During the recess of congress, C. S. Taylor was appointed; on November 13, 1838, Houston asked the senate to confirm the nomination, but no action was taken. As Houston's term was about to expire, the filling of the position devolved upon Lamar.

2

The new president experienced considerable difficulty in selecting men who would accept or were acceptable to the senate. He first nominated Branch T. Archer as commissioner, C. R. Johns surveyor, and Hamilton Bee clerk. Because of private business Archer declined; Johns' name was also withdrawn. Doctor Isaac N. Jones was then appointed commissioner, and George W. Smyth surveyor. Jones found it impossible to serve and David Sample was selected to fill the vacant position. This nomination was rejected by the senate by a vote of six to seven." Lamar then presented the name of P. B. Dexter, but this was also rejected, the senate at the same time confirming the nominations of Smyth and Bee."

On November 27, the name of Memucan Hunt was presented and the senate confirmed it by a vote of ten to two. General

1 Irion to Jones, November 29, 1838, Tex. Dipl. Corr., I, 350–354.

2 Secret Journals, 113.

3 Webb to LaBranche, May 27, 1839, Tex. Dipl. Corr., II, 52.

4 Amory to Dunlap, July 24, 1839, ibid., II, 53-54.

5 Secret Journals, 140.

6 Ibid., 141-143.

7 Ibid., 143-144.

8

Hunt was a prominent figure in Texas. On June 1, 1836, he and General Thomas J. Green, and Colonel J. Pinckney Henderson had arrived at Velasco on the steamer "Ocean" from New Orleans with two hundred and thirty volunteers. As has been seen, in December he was commissioned to act as minister extraordinary at Washington in conjunction with W. H. Wharton, and on February 28, 1837, after the retirement of Wharton, was made resident minister, a position which he held until June 12, 1838. when his resignation was accepted. In December he became Secretary of the Navy in Lamar's cabinet, a position from which he soon retired. As he was the minister who closed the negotiation of the boundary treaty, the appointment was peculiarly fitting.10

In January, 1839, the congress of the United States passed an act to carry into effect the boundary convention. It provided that the salary of the commissioner was to be twenty-five hundred dollars, that of surveyor two thousand, and of clerk twelve hundred. The sum of one thousand dollars was voted for contingent expenses. John H. Overton was appointed commissioner, John K. Conway surveyor, and John J. Clendenning clerk. The latter, however, resigned shortly after," and John Henry Young was appointed.12 In order that the commission might have the assistance of an officer of the United States corps of topographical engineers, Major James D. Graham was ordered to join the commission13 and Lieutenant T. J. Lee to act as his assistant.14 McUne Barrow of the parish of Rapides, Louisiana, was appointed assistant to Conway.

8 Bancroft, North Mexican States and Texas, II, 273.

Tex. Dipl. Corr., I, 23.

10 Treaties, Conventions, (Malloy, ed.), II, 1780.

11 Vail to Overton, July 8, 1839, Sen. Docs., 27 Cong., 2 Sess., III, Doc. 199, pp. 3-5.

12 Forsyth to Young, October 28, 1839, ibid., 8.

13 Vail to Overton, July 8, 1839, ibid., 3–5.

14 Overton to Forsyth, January 20, 1840, ibid., 14.