Barnard Bee to [Unknown] Mayfield, April 12, 1841

Summary: Bee updated Mayfield on his mission in Washington and current issues between Texas and the United States. He included a dispatch describing his efforts to get the United States to reprimand an Arkansas deputy marshal for violating Texas sovereignty while hunting down runaway slaves. In addition, Bee declared his intention to enter negotiations for a treaty between the United States and Texas dealing with Indian affairs and commerce and updated Mayfield on the status of five consuls sent to the U.S. by Texas Secretary of State Waples.

LEGATION OF TEXAS.

Washington April 12th, 1841.

SIR:

I have the honor to acknowledge the receipt of your despatch[sic] of 17th Feby[sic] last, which has been in hand some days without reply owing to the sickness and death of the President of the United States precluding my addressing a communication to this Government on the subject of the conduct of Furgeson complained of so promptly as I should otherwise have done, and wishing when I replied to yours to advise you of having done so, which I am now enabled to do, and copy of which is as follows:

"LEGATION OF TEXAS

Washington April 12th 1841

(Mr Bee to Mr Webster)

"The undersigned charge' d'affaires of the Republic of Texas has

"now to call the attention of Mr Webster, Secretary of State of the

"United States to an unjustifiable act of one Furgeson a Deputy

"Marshall of the State of Arkansas (a state of the United States)

"who under a writ of fieri facias issued from the federal court of

"the United States for the District of Arkansas seized upon and

"took in keeping some negroes in quiet possession and the property

"of a citizen of Texas, at a place in the county of Red River Texas,

"fifty miles west and south of the farthest limit to which the United

"States has ever claimed Jurisdiction, refusing to release them upon

"the peaceable remonstrance of the people of the Neighbourhood,

"and when forced to yield them up, uttering threats that he would

"return with a force of ten thousand men to regain the property.

"The undersigned hopes therefore that the Government of the

"United States, will loose no time in taking steps to prevent any

"further outrage on the part of this officer, and to investigate fully

"the circumstances of that complained of, with a view to the punish-

"ment of the offender, if found guilty as represented of encroach-

"ment upon the territorial jurisdiction of Texas."

The undersigned takes this occasion to offer to Mr Webster Secretary of State of the United States assurances of his high consideration.

I am glad to observe, that the Government of Texas feels the necessity of entering upon the negotiation of a Treaty with the United States for more clearly defining, and establishing obligations on the part of both nations relative to Indian affaires[sic], and for regulating commerce and other matters.

I shall avail of the earliest opportunity, to suggest to the Secretary of State of the United States as you instruct, that authority be given to the Charge' or Minister of his Government in Texas to negotiate the Treaty with you, and shall advise you without delay of his reply.

In regard to the arrest of Gen Henderson you direct me "to continue to represent the matter to this Government in conformity with former instructions under date of August 1840, signifying an unwillingness to create a difficulty with the United States on the Subject," but wish she should be made aware that the Government of Texas would deprecate the recurrence of a similar outrage.

The reply of Mr Forsyth of 23rd January 1841 to my strenious[sic] remonstrance of the 15th December previous, is to be considered in the light of an acknowledgement of error, which the interposition of the laws corrected, establishing the principle we contend for, and obviating the danger by a "recurrence of a similar outrage". This reply of Mr Forsyth does not appear to have been received at the date of your despatch[sic] and which seems to me, should put at rest farther[sic] correspondence on the subject, if however a different view be entertained by my Government, you will apprise me.

The five consular commissions forwarded by Mr Waples Acting Secretary of State of Texas, 29th Jany[sic] 1841 were duly sent to the Secretary of State of the United States for Exequaturs[sic], which owing to the events of the last month the Department have not found time and opportunity to prepare, these I shall doubtless receive in a few days, and will then immediately forward them to their respective destinations; I shall also observe the instructions of Mr Waples which accompanied the commissions relative to supplying the individuals appointed with books.

As it may be days or possibly weeks before I get Mr Websters reply, to the note (copy of which is subjoined) I shall not detain this despatch[sic] for the purpose of adding it, but will write again when I receive it, and communicate its contents.

I remain Respectfully

Your Obt. Servt

BARNARD E BEE

Hon. SECRETARY OF STATE.

Source Copy Consulted: Barnard Bee to [Unknown] Mayfield, April 12, 1841, in George Garrison, ed., Diplomatic Correspondence of the Republic of Texas, Annual Report of the American Historical Association for the Year 1908, (Washington, D.C.: Government Printing Office, 1911), 3 vols., 2:484-486