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238 in favor of annexation was obtained from Andrew Jackson. A canvass of the Senate was made, to ascertain the chances of an annexation treaty in that body. The patronage was not spared to propitiate Senators. We learn from John Tyler's eulogistic biographer, Lyon G. Tyler, that “an expedition was fitted out for Oregon in the summer of 1843; and the conciliation of Benton was one of the reasons which induced the administration to make John C. Fremont, apart from his own preëminent fitness for the place, the commander of the enterprise.”

The Mexican government, scenting in the air what was coming, in August, 1843, declared to the American Minister that it would consider the annexation of Texas by the United States a declaration of war. This did not deter Tyler and Upshur. They formally proposed to the Texan government a treaty of annexation. The Texan government hesitated. The friendly offices of France and England had brought about a cessation of hostilities between Mexico and Texas, which was a great relief to the exhausted Texan people, and not lightly to be jeoparded. The Texan President, Houston, calculated correctly that, should the fact of serious negotiations for annexation become known, Mexico might resume warlike operations. He therefore desired to be informed whether the United States could be depended upon to protect Texas vi et armis against all comers, while the negotiations were pending. As a constitutional lawyer Upshur