satisfy every intelligent and candid man, who reflects for a moment on the familiarity of General Jackson, with all that had transpired years before in the case of Aaron Burr, that the slightest intimation, much less detailed and circumstantial proof, should have put him immediately upon a course of efficient investigation through the whole west: and if nothing satisfactory should be detected at the first effort, to resume it upon the next symptoms of those movements being in operation. Did he do this, or any thing like it? Did he not on the contrary, entertain General Houston, on his second tour, two years after, while he sojourned at Washington, maturing his schemes and fomenting an affray with a member of Congress for words spoken in debate, having a bearing upon these operations, while he, Houston, was still pretending to be an 'Indian alien? Did the president take any steps to make inquiry into this matter, while Houston was present, and could have answered to the testimony that had been rendered? No, but he prompted Houston in all his disorderly conduct, and with his customary readiness to abuse his executive privileges or powers granted by the constitution and laws for salutary purposes-demonstrating here, for the thousandth time his personal and partisan feelings, he immediately remitted the fines and penalties adjudged by the District Court

*HE IMMEDIATELY REMITTED THE FINES AND PENALTIES.-Shortly after my communication of the conspiracy of General Houston, to the president, say in less than twelve months, Houston took measures to relinquish his domicil among the Indians on the Red river, or that neighbourhood, and made a recognizance in Texas in 1831, preparatory to locating himself in that Province with manifest hostile intent, previously to his second visit here in the winter of '31-32, during which he made his deadly assault upon a member of Congress. Was he then an Indian alien,' a Texian, or a re-dintegrated American citizen? Did his arraignment at the bar of the House of Representatives for his assault upon Mr. Stansbury, his exercise of the privilege of pleading in his own defence, or the glorifying sentiments expressed in his speech about the indignity offered to Americans by a violation of their rights in his person, disturb the question of domicil? or did the proceedings of the District Court in the case, and the remission of the fine by the President disturb the question of his expatriation? In his speech he certainly claimed to be an 'American citizen,' though he had emigrated among the Indians, probably with this motive, among others, to shake off and evade the liability to punishment by the United States, for the conspiracy against the peace and integrity of the dominions of a friendly power. However these points of international law may stand, it is proper to state here, that upon inquiry at the Clerk's office of the District Court, I find that the President's pardon in the case of assault, was dated about two years after the judgment, as will be seen by the subjoined copy of that document. This, however, does not impugn the above statement that it was done immediately: for, it was universally understood that the pardon would screen Houston from punishment: and as an evidence that it was so understood by the Marshal of the District and the individual who undertook to bail him, that individual, a Mr. Baker, was only a nominal bail; for he was an insolvent clerk in the office of the Clerk of the Court, who would neither have consented to become bail, or have been accepted as bail by the Marshal, had it not been understood that it was merely nominal; and to this effect did Mr. Baker express himself when jeered for assuming the risk of so large a bail bond to permit Houston to return to the Mexican frontier. But this is not all; on General Houston's return here for the third time in 1833-34, when the pardon was recorded in due form, he told a particular friend that his bail had been very importunate in urging him to exonerate his bail bond by payment, which he accordingly had paid-perhaps he meant only constructively paid it, to use the language of diplomacy, in which he had become a

against Houston, for his assault upon Mr. Stansbury, to the imminent danger of his life in the dead of the night. But what appears to me to be still more atrocious, is, that he continually denied, through the secretary of state, that the Executive had any knowledge, or could detect any violation of our neutral relations with Mexico, though numerous such instances had already been well known to the public, through the space of four or five years, and were the continual subjects of remonstrance by the Mexican minister.

I will here append copious extracts from the correspondence between the Mexican legation and the Department of State, with this single remark, that all such complaints as were brought to the notice of our Executive, however clearly substantiated, were evasingly responded to, in general, and when hard pressed, our secretary and his district attorneys understanding their cue, had the effrontery to characterize those warlike preparations as 'merely emigrating parties.' It will be perceived that Mr. Forsyth's continual reiterations of his veneration for the sacred rights and obligations of neutrality, rendered his profanement of them the more notable and reprehensible, by his insidious connivance at their infractions, viz:

I-CORRESPONDENCE FROM THE DEPARTMENT OF STATE.

No. 1.—Mr. BUTLER to Mr. FORSYTH. (Extract.) Mexico, March 31, 1835. SIR-I have great pleasure in being able to tell you, for the information of the president, that the renewal of the treaty of limits will be completed within a few days, and I shall bring it with me on my return to the United States. The Mexican Congress is now in session, and the ratification on the part of Mexico will be obtained at once, and the treaty be delivered to you in conformity with instructions sent me in January, 1834. The mere renewal of the treaty is in itself a matter of importance to us, because I am convinced that we shall gain by it jurisdiction over a very valuable tract of country, now either in an unsettled state or under the dominion of the Mexican government. * * * A few weeks since there was no prospect of my being able to conclude this affair previous to my departure from Mexico, for reasons

"practised man.' The good and sufficient reasons' moving General Jackson to this pardon were not so particularly stated, as in another case, where he unnecessarily and wantonly specified 'because he is insolvent and unable to pay !'

'I, Andrew Jackson, President of the United States of America, to the Marshal of the District of Columbia, greeting:

'Whereas, at a session of the Circuit Court of the United States, held in and for the county of Washington and District of Columbia, in the year 1832, a certain Samuel Houston was convicted of an assault and battery, and sentenced to pay a fine of five hundred dollars and costs of prosecution:

'Now be it known, that I, Andrew Jackson, President of the United States of America, in consideration of the premises, divers good and sufficient reasons me thereunto moving, have remitted, and do hereby remit unto him, the said Samuel Houston, the fine aforesaid, and order that he be discharged from imprisonment.

In testimony whereof I have hereunto subscribed my name, and caused the seal of the United States to be affixed to these presents. Done at the [SEAL.] City of Washington, this third day of July, A. D. 1834 and of the Independence of the United States the 58th.

By the President,
JOHN FORSYTH, Secretary of State.

ANDREW JACKSON.'

True Copy, Test, W. BRENT, Clerk.'

which were communicated to the President of the United States in my last private letter. ***

No. 2.-Mr. BUTLER to Mr. FORSYTH. Washington City, June 9, 1835. SIR-In pursuance of a leave of absence granted me several months since, by the President of the United States, I have the honour of reporting myself to you as just arrived in this city.

In despatch by which my leave of absence was communicated, I was directed, previous to my departure from Mexico, to conclude with that government a treaty, stipulating the revival of the third article of a treaty previously negociated between the two governments for adjusting limits and boundary, and which had been suffered to expire.

My instructions have been complied with, the duty is performed, and I have now the honour of presenting herewith the treaty, and have the honour to be, * * *

No. 3.-Mr. CASTILLO to Mr. DICKINS. Philadelphia, October 14, 1835. The undersigned, chargé d'affaires of the United Mexican States, has the honour to acknowledge the receipt of a note from Mr. Dickins, dated the 12th instant, with the copy enclosed, and the official letter from the Political Chief of the Department of Nacogdoches; for the transmission of which documents he expresses the most sincere thanks to Mr. Dickins.

The said Political Chief, in his letter communicates, that the tribe of Creeks from Alabama, is now emigrating and establishing itself in lands belonging to Mexico, without any license or authority to that effect; he therefore requests me to state the fact to the Executive of the United States of America, in order that measures may be taken to restrain that tribe within its proper limits. As the representation made by the Political Chief of the Department of Nacogdoches, is founded on the thirtythird article of the existing treaty of friendship between the two Republics, the undersigned hopes that Mr. Dickins will submit the import of this note to the President of the United States, and his excellency will cause the requisite executive measures to be taken, if the fact should be as stated by the Political Chief, in order to repress any incursions into the Mexican territory on the part of the Indians who inhabit that of the United States.

No. 4.-Mr. FORSYTH to Mr. CASTILLO. Washington, October 22, 1835. The undersigned, Secretary of State of the United States, has the honour to acknowledge the receipt of the note of Mr. Castillo, chargé d'affaires of the United Mexican States, dated the 14th instant, relative to alleged encroachments of Creek Indians from the United States upon the Mexican territories. A copy of Mr. Castillo's note having been referred to the secretery of war, who is charged with the superintendence of Indian affairs, that officer has stated that no information has been received by the war department, showing that the Creek Indians from Alabama, are removing into the Mexican possessions; that there has not been, during this season, any emigration of Creek Indians from Alabama, and that the war department has,

ture.

*At the date of the above instructions, January, 1834.-General Houston was on his third visit at Washington, since General Jackson's inauguration. What effect his presence had on the counsels of the President in bringing forth those instructions I will not conjecBut whoever will peruse the following correspondence between the Mexican legation and the Secretary of State, will make his own inferences, seeing that the proposition, now revived after so long an interval, to renew the treaty of limits with Mexico, at a time when the province of Texas, on whose borders the limits lay, was in a state of revolt; chiefly under the instigation of General Houston who headed the revolt, and was President of the convention that proclaimed their independence, he having changed his domicil from among the Indian tribes to take his domicil in Texas, with the hostile intent of severing that province from Mexico, only in this slight degree varying the original plan of his conspiracy. Mr. Forsyth's memorandum for Mr. Gorostiza, No. 14, of the above correspondences shows thar the military protection of the commissioners called for by the treaty to run the line, affording a pretext for an armament on the Texian frontier, was in all probability a principal incentive to the President's urging the revival of that treaty now. The promptness too, with which orders were given to General Gaines to Occupy a position within the Texian or Mexican territory to suppress fictitious alarms of Indian disturbances, invented for the purpose, when nothing could move the President to take efficient measures to put a stop to the hostile movements of our own citizens against Mexico is notable! The most consummate artifice of double dealing and trickish diplomacy in agitating anew at this time the treaty of limits, with a view to raise a dispute about the true boundary, is manifested even by the uncalled for speculation expressed in Mr. Butler's note, as marked with italics.

on all proper occasions, by direction of the president, discountenanced the project of those Indians for removing into the province of Texas.

From this it would appear that the Political Chief of Nacogdoches has been misinformed. But should it be otherwise, it may be doubtful whether, under the thirtythird article of the treaty, the intervention of the United States could be claimed or afforded, unless the Indians manifested some hostile intent. If Indians going from the United States, or elsewhere, should migrate to the Mexican territories with peaceable intentions, it will be for the Mexican government alone to decide upon their admission or exclusion.

Though the general terms used in the representation of the political chief of Nacogdoches, would justify the president in expecting a more explicit statement, showing at what times and places, and under what circumstances, the Indians are alleged to have entered the Mexican territories, he has preferred directing this explanation to be made, without delay, in order that there may be no room for doubt as to his views on the subject.

No. 5.—Mr. CASTILLO to Mr. FORSYTH. Philadelphia, October 29, 1835. The undersigned Chargé d'Affaires of the United Mexican States, has been informed that 'at New York several vessels were in preparation, which were to join others at the Balize of New Orleans, not less than twelve in number, and to sail together for the coast of Texas. The object of the expedition,' continues the notice, is to introduce into that colony arms and munitions of war, for the assistance of the colonists in their insurrection (pronunciamento) against the supreme government of the Republic. Of these vessels, some, it appears, are armed for the defence of the expedition against the national cruisers now upon those coasts, and, if possible, for the destruction of those cruisers. I have been assured,' concludes the writer, 'that two or three vessels have lately sailed from New York with arms and amunition for Texas.'

The undersigned has the honour to submit this information, which he has received through various channels, to the notice of the Secretary of State of the United States, in order that he may communicate it to his Excellency, the President, from whose inflexible rectitude he hopes, that for the sake of peace and harmony subsisting between the two nations, he will order such measures as the case may require for putting an end to these proceedings, and absolutely preventing others of the same class from being carried into execution, or projected. Such an order is most necessary in the opinion of the undersigned, under the present circumstances, as the contempt of obligations arising from the treaty of friendship between the United Mexican States and those of America, has reached such a point, that according to an official notice received from the Mexican Consul at New Orleans, it is certain that between the 10th and 11th of this month, the American armed schooner San Felipe, sailed from that port for Brazoria, with the same captain, N. E. Hurd, and 'having her defences much strengthened, under the protection of which she goes laden with warlike stores and ammunition,' and without a single paper which she should carry, from the Mexican Consul. The undersigned sincerely believes that this conduct will be viewed with disapprobation by the President of the United States.

No. 6.-Mr. FORSYTH to Mr. CASTILLO. Washington, November 10, 1835. The undersigned Secretary of State of the United States, has the honour to acknowledge the receipt of the note of Mr. Castillo, Chargé d'Affaires of the United Mexican States, dated the 29th of October, and to acquaint him, that in conformity with the President's views relating to the existing state of affairs in Texas, which the undersigned had the honour to impart at large to Mr. Castillo, in an interview at this office, on the 4th instant, the district attorney of the United States at New York, as well as the district attorney at New Orleans, has been instructed to prosecute any persons within the jurisdiction of his district, who have attempted or who may attempt to compromit the neutrality of this government, by proceedings in violation of those laws of the United States, which have been enacted for the purpose of preserving peace, and fulfilling the obligations of treaties with foreign powers. Mr. FORSYTH to BENJAMIN F. LINTON, Esq. United States Attorney, St. Martinsville, Louisiana. Same to District Attorneys at Boston, New York, Philadelphia, Baltimore and Mobile. Washington, November 4, 1835.

SIR-It has become necessary for me to call your attention to the probable event of a contest between the different portions of the Mexican empire, in the vicinity of the United States. Some of our citizens may, from their connection with

the settlers there, and from their enterprise and love of change, be induced to forget their duty to their own government, and its obligations to foreign powers; but it is the fixed determination of the Executive, faithfully to discharge, so far as its power extends, all the obligations of the government, and more especially that which requires that we shall abstain, under every temptation, from intermeddling with the domestic disputes of other nations.

You are, therefore, earnestly enjoined, should the contest begin, to be attentive to all movements of a hostile character, which may be contemplated or attempted within your district, and to prosecute, without discrimination, all violations of those laws of the United States which have been enacted for the purpose of preserving peace, and of fulfilling the obligations of treaties with foreign powers.

No. 7.-Mr. CASTILLO to Mr. FORSYTH. Philadelphia, December 11, 1835. MOST ESTEEMED SIR:-In the late message of the President of the United States, the paragraph relative to my country, concludes thus: It has been thought necessary to apprise the government of Mexico, that we should require the integrity of our territory to be scrupulously respected by both parties.' Now, I recollect well what was said on this subject in our conference at the beginning of the last month, and I admit, that the desire of this government is most just; it cannot be other than the desire of the Mexican government. The only point on which I should be happy if you would inform me, in order that all proceedings in this affair should be conducted with clearness and perfect understanding on both sides, is this: In making use of the expression quoted above, does the Executive of these United States perchance intend to convey the idea, that he recognizes limits which are not those expressly determined in the second article of the treaty between the two countries?

I think, sir, you will see, that I am induced to put this question by the interest which I take in preventing any equivocal or false interpretation which might lead to a disturbance of the friendly relations between the two governments.

No. 8.-Mr. FORSYTH to Mr. CASTILLO. Washington, December 16, 1835. SIR: In answer to your letter of the 11th instant, I have the honour to inform you, that remarks made by the President in a message to Congress, are not deemed a proper subject upon which to enter into explanation with the representative of a foreign government. I take occasion to add, however, that if there be any matter connected with the relations between our two countries, on which it may be interesting to you to receive further information than that conveyed in our conversation to which you refer, I shall be happy to afford it whenever your convenience permits you to visit me at this Department.

No. 9.-Mr. FORSYTH to Mr. CASTILLO. Washington, January 14,* 1836. The undersigned, secretary of state of the United States, has the honour to inform Mr. Castillo, chargé d'affaires of the Mexican Republic, in answer to his note of the 13th instant, that this department will avail itself of the occasion of the departure of Mr. Ellis for Mexico, which will take place immediately, to answer through him the communication of the acting minister of foreign affairs of the Mexican Republic, dated the 19th of November last, and referred to in Mr. Castillo's note.

No. 10. Mr. FORSYTH to Mr. CASTILLO. Washington, February 13, 1836. The undersigned, secretary of state of the United States, has had the honour to receive the note of Mr. J. M. de Castillo y Lansas, chargé d'affaires of the Mexican Republic, dated the 4th instant. The acting minister of foreign affairs of the Mexican Republic, having by his communication of the 19th of November last, thought proper to address himself directly to the undersigned concerning the differences with Texas, the undersigned deems it unnecessary, at present, to continue a corres

*JANUARY 14.-If the reader will turn forward to documents emanating from the War Department, (Nos. 22, 23, 24,) he will be amazed as well as mortified to see the warlike orders that were issued to General Gaines and others at this very time, in direct contravention of the amicable or neutral relations professed towards Mexico, concocted and executed by the executive in pursuance of the insidious hostility and trickish diplomacy towards that government. If further evidence could be necessary to render the secret hostile intent more glaring, it would be sufficient to know that these and similar measures were uniformly taken without apprising the Mexican Minister, resident here, of the proceedings, or the necessity of them, which would surely have been done in order to obtain his peaceful co-operation, had that been the true spirit of action.