Page:The War with Mexico, Vol 1.djvu/460

Rh

to be considered because presented too late, but this was doubtless mainly or wholly due to the attitude of the Mexican commissioners, which made it appear more than doubtful for a long time whether it would be worth while to incur the trouble and expense of making up the cases. In fact the notice of the state dept. (Washington Globe, Apr. 16, 1840) that the commission would meet was falsified by the non-appearance of Castillo and León in time (Sen. 320; 27, 2, p. 23). Much time and expense were needed to get papers from Mexico, etc. The Mexican commissioners took the unreasonable ground that all undecided claims, considered by the board, were extinguished (Sen. 411; 27, 2, p. 3).

40. Moore, Internat. Arbit., 1232, 1245. Ho. Report 752; 29, 1. Pakenham, nos. 49, 97, 1842. Ho. 144; 28, 2, p. 20 (Green). Besides the twenty instalments a preliminary payment, covering the interest that would be due, April 30, 1843, on the awards, was to be made on that date (Moore, Internat. Arbit., 1246).

A forced loan was ordered for the payment of the interest and principal of the awards (Voss in Ho. 133; 29, 1, p. 7. Sen. 85; 29, 1; Negrete, Invasión, iv, 327); and the goods of all who would not or could not meet their assessments were confiscated and sold amid the lamentations of the owners and general curses against the United States (Bustamante, Gobierno, 130). Nearly all the proceeds of the forced loan were, however, used for other purposes (Green in Ho. 19; 28, 2, p. 32). Our agent was finally given drafts for the next instalments after the third, and supposing these would be cashed, he receipted for them in full (Buchanan, Nov. 19 in Ho. 133; 29, 1, p. 3); but the government stopped all such payments (B. E. Green, Dec. 17, 1844) and refused to give up the receipts (Ho. 133; 29,1, p.11). In short, it pursued a course that was not only dishonorable but positively fraudulent. To make all this the more exasperating, the nation was permitting Santa Anna to expend great amounts.

In the treaty of January, 1843, Mexico promised to make a new convention providing for the settlement of all our outstanding claims, including those not adjudicated by the joint commission. Delay and evasion followed, of course; but in October of that year the British minister severed diplomatic relations with Mexico, and in November, 1843, probably in order to be on good terms with us in case of a war with England, she signed the proposed convention (Doyle, no. 79, 1843). The United States accepted the plan of a joint commission, as Mexico desired, but required that it should meet at Washington. This appears to have been just. The claimants were all Americans, were numerous, had a great number of papers which it was not advisable to take abroad by sea, and could not, without much inconvenience and loss, expatriate themselves for an indefinite period. Another objection was even more serious, perhaps. Pakenham (no. 14, 1842) wrote emphatically to his government that a commission of this kind should not sit at Mexico, because the pressure of public sentiment would not allow the Mexican members to act properly on the claims of aliens, and because the foreign ministers, from whom the actual umpire would almost necessarily be selected, were more or less entangled in similar cases, and therefore would not be thought impartial.

To provide, as Mexico demanded, for the arbitration of private Mexican grievances, which that government admitted unofficially did not exist, would have been to cast a gratuituous aspersion upon ourselves; and to allow the presentation of a national claim on account of Texas (which