James Riley to Anson Jones, August 3, 1842

Summary: Riley happily informed Jones on the successful signing of a treaty of amity and commerce between Texas and the United States. The most important provisions were gaining access to rivers for trade and the elimination of duties on cotton and other products. He failed to get a stipulation of "free ships make free goods" because that would interfere with seizing Mexican commerce and contraband; also failed to get a provision allowing slave trading. However, he did get assurances of U.S. cooperation in stopping Indian attacks. All in all, Riley believed the treaty was very advantageous to Texas and urged its ratification.

LEGATION OF TEXAS

August 3rd. 1842

Hon ANSON JONES

Secretary of State, Texas

Since my last despatch[sic] dated July 11th. and No 89 I have urged upon Mr Webster the necessity of the consideration of a treaty of Amity, Navigation, and Commerce, and after several personal interviews in which the various points submitted by me were discussed, I have now the honor of transmitting the enclosed treaty entered into between Mr. Webster Secretary of State of the United States and myself. You will be able to perceive, at once, how advantageous it is in all its provissions[sic] to Texas, securing as it does the most important rights and privileges. The navigation of the Sabine, of Red River and all conterminous streams and the Mississippi are secured, with the right of landing our products and manufactures free from duty in any ports or places situate on said rivers for exportation for ten years. The right is also conceded of selling our cotton in the United States free from duty for five years. These are important concessions, and I consider Texas as eminently fortunate in having secured them, and more especially the latter, as it will prove an annual saving of many thousands to her planters and merchants, but more especially to the inhabitants of those portions of the Republic whose outlet to market is through the Mississippi river. As the revenue laws of the United States now stand not one bale of our cotton could be landed either for sale or reexportation, at any port of the United States without a duty being advanced to the United States collector of 20 per cent per lb, or from eight to twelve dollars per bale. The duties to the United States are required to be paid in cash, and if the article entered is reexported, still the money is not refunded for a considerable period. The introduction of this stipulation is in direct violation of the established usages of this Government inasmuch as it interferes with the subject of revenue, which belongs almost exclusively to legislation and is seldom if ever disturbed by the treaty making power. Its obtainment saves the necessity of shipment to foreign ports for a market and will enable our citizens to obtain their returns without the delay necessarily attendant upon a transatlantic voyage, and avoids the great loss in interest and profit consequent upon the abstraction, even for a limited time, of the hundreds of thousands of dollars, which without this stipulation would be required to be deposited in the hands of the collectors of the United States, before the crops, of those countries whose position force them to use the Red River and Mississippi and Arkansas, could be brought to market or for exportation by shipment. The Government however will be able to appreciate, without my going into debate, the importance to Texas of the arrangements included in articles fourth and fifth which after much labour I have been so fortunate as to conclude. The Department will perceive that I have not adopted the maxim recognized in some of our treaties, to wit, "that the flag covers the goods" and that "free ships make free goods" considering it impolitic situated as Texas and Mexico are in relation to each other, being at war--their coasts both washed by the waters of the Gulf, and Mexico drawing most of her supplies from the ports of the United States along the Atlantic, whilst a large amount is carried from the City of New Orleans, and a greater portion of all these supplies transported in United States bottoms, and under the flag of this Government. Neither was I insensible or blind to the fact that valuable cargoes, of gold and silver, are frequently transported in American vessels from Mexican ports, consigned by their owners to merchants and others in the United States. If the maxim had been adopted that "free ships make free goods" and that the "flag covers the goods" no Texian Cruiser would have dared meddle with Mexican property, not contraband of war, in United States vessels, no matter how valuable, in amount or how well satisfied of the ownership being in the citizens of our enemy.

Sensibly alive to the importance of a good understanding with the United States in relation to the Indians, I had several interviews with Mr Secretary Webster in which I did all in my power to impress upon his mind the justice and policy of such arrangements being made between the two Governments, as would insure Texas from being disturbed by their aggressions. He did not hesitate to declare in the most candid and emphatic manner that it was the duty of the United States to prevent Texas from being disturbed by the Indians within the United States and gave me assurances that the article in the treaty relating to the Indians should be observed. Strict and positive orders, have sometime since been transmitted from the War Department to the Military Commandants and Indian Agents among the savages bordering on our line to prevent them from crossing into Texas and to take all necessary measures to keep them from committing hostilities on our citizens. I had the honor in the month of March of inducing the Government of the United States to increase to a considerable amount the troops on the frontiers of Texas, Louisiana and Arkansas, under the rumor of an invasion from Mexico, and which force will be there retained. I am satisfied however with information derived from the War Department and conversations held with the celebrated cherokee John Ross and Governor Butler one of the indian agency among the tribes concentrated on our borders that Texas has nothing to dread from any of these Indian bands.

The stipulations, binding both Governments mutually to deliver up persons charged with certain crimes, upon a certain amount of proof being made, I trust will meet the approbation of the Texian Government. The ratification, by the senate of Texas of a treaty containing such a clause, will have a most salutary effect upon her moral reputation, and aid very much in removing the reproach which now too unjustly attaches to her people. It is an unusual article to be inserted in a treaty, but whilst laboring to secure for my country every possible commercial concession, I did not neglect any thing, that might have a tendency to vindicate her honor. There are many among the enlightened classes of this community, who are both prejudiced and ignorant enough, of the amount of virtuous and worthy population of which Texas can boast, to be firmly settled in the belief, that the Government hails with pleasure the arrival of the most hardened and lawless criminals to her shores and stands ready to protect them with the national flag from merited justice. It is with great pleasure and zeal that I have endeavoured to defend her from an imputation as injurious as it is unjust.

Altho[sic] anxious, yet i could not obtain any stipulation to permit the mutual ingress and egress of a limited number of servants accompanying their owners whilst visiting the respective countries. Its insertion would have endangered, if not defeat the treaty. In fact nothing is said about slaves in the treaty for Mr Webster deemed it unsafe. The right to import slaves from any portion of the United States to Texas in American bottoms Mr Webster informed me was perfectly legitimate. Upon the subject of tonnage the stipulations of the Treaty are reciprocal. This is of no disadvantage to Texas for her marine for years must be necessarily limited, and so long as she lays no duties discriminating between her own and foreign ships coming from foreign ports, her vessels according to the existing laws of the United States will not be liable to any tonnage. The coasting trade is not granted.

In articles fourth and fifth I have endeavoured to guard and secure the points most desirable to Texas, with regard to commerce and the transportation of her goods wares and products to market. As I have remarked, in the preceding part of this despatch[sic], the important and valuable privilege of disposing of our cotton in the United States ports is secured for five years. This privilege, so unusual to concede in treaties, will prove a saving to the people of Texas before its expiration of several hundred thousand dollars. Without its obtainment, the rich and rapidly improving countries forced from necessity to carry their produce through the United States ports, must have been greatly crippled and impoverished under the Cash System of duties now adopted by this Government. In framing these two articles, i did not consider that cotton would form the only article which Texas in the development of her resources and advancement of her enterprise would be able to export, but took into consideration the cattle, hides peltries minerals beef sugar rice salt corn grain timber etc etc,[sic] which in the lapse of a few years will constitute a large item in her trade, and all of which by the provissions[sic] of these two articles are to be imported into the United States free of duty for reexportation and under the rules and regulations to be established by the President of the United States not burdened with [the] necessity of being secured by bonds which always place our citizens at the mercy of the United States Merchants, but warehoused, thus costing us nothing but a fair rent for the proper stores. The right, of repackage for exportation, is a subject which the owners and shippers of all articles will feel the importance of, and more especially the importers of cotton, after the expiration of the five years, as it is a privilege upon foreign cotton never yet permitted, and has cost us already much trouble and loss of profits. It is secured now for ten years, altho[sic] I trust the extension of time upon cotton will be obtained by the Texian from the United States Government, convinced as her Officers and intelligent men are of the great importance of our trade to whatever nation secures the benefit of supplying our people with articles of consumption, and having their marine employed as the carriers of our rapidly extending commerce.

All the provissions[sic] of the treaty with the exception of the right to land and sell cotton in the ports of either country are secured for ten years. In entering upon the discussion and consumation of this treaty I was fully alive to the delicacy of my position and the high responsibility of my actions. It became my privilege to conclude the first convention which Texas formed with the United States upon the very important subjects of Amity Navigation and Commerce. The peculiarity of the relationship held by the two Governments towards each other, arising from the contiguity of their territories, similarity of their institutions--peopled by men of the same blood, habits and language--their southern coasts washed by the same Gulf--the waters of Navigable river originating in the limits of one and running into the sea through the soil of the other--their respective inhabitants in daily intercourse, with many other circumstances conspired to render a departure from the ordinary forms of treaties necessary and at the same time made the decission[sic] and settlement of various points matters of interest and difficulty. Texas I knew must suffer the penalty of whatever unwise concession or impolitic acts I might commit through ignorance or want of experience, no matter with how much honesty of intention performed, and my own self consciousness of motives the most pure, and patriotic, prove a feeble apology to the nation for injuries inflicted by me upon her prosperity. I was here alone, unaided, unexperienced, the representative of a young Government, destitute of political weight and whose commercial importance had not developed itself, and forced to enter upon the discussion of points and topics in which Texas felt the most vital interest, with some of the loftiest and most powerful intellects of the United States; Under such circumstances the accompanying treaty was concluded, which I now have the honor to transmit for the ratification or rejection of the Executive and Senate of that Government, with whose patriotic sons I have cast my fortunes, and whose citizenship I am proud to claim.

With sentiments of the highest consideration--

Yours respectfully--

(Signed) JAMES RILEY

Source Copy Consulted: James Riley to Anson Jones, August 3, 1842, 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., 2:576-580