Isaac Van Zandt to Anson Jones, March 5, 1844

Summary: Van Zandt informed Jones about the recent death of Secretary of State John Upshur. He said this was a near fatal blow for Texas because Upshur had been a fervent supporter of annexation and was working on treaty details when he died. Van Zandt then advised Jones not to seek a treaty of alliance instead because it would not give nearly as many benefits as annexation. On a more positive note, he had a meeting with President Tyler and discovered the latter was still anxious for annexation, so Van Zandt proposed to continue to work toward that end.

Dispatch No. 115.

LEGATION OF TEXAS

Washington D.C.

March 5th. 1844

Hon ANSON JONES

Secretary of State

SIR

Your dispatch of the 27th of January, last, has been received and its contents noted. Intelligence will have reached you in advance of this of the deaths of Mr. Upshur, Secretary of state, and of Mr. Gilmer Secretary of the Navy. This lamentable dispensation of Providence has cast an unusual gloom over all. The lost of two such distinguished men at this great crisis must be severely felt--Felt not only by this country; but our own. Both were ardent and devoted friends of our cause--ready and willing to do every thing consistent with the high principles of honor and patriotism, that might be calculated to advance our interest and promote our welfare. For some days previous to Mr. Upshur's death we had been engaged in discussing the terms of a treaty of annexation and had agreed upon all the main points, subject, however, to any changes which might be made necessary upon the receipt of further instructions from your Department. I had given to him for examination an outline of the points which would be required to be included; and he had submitted to me a similar draft, in his own handwriting, embracing his views, which corresponded fully with my own in every main particular. In this situation I was awaiting a reply to my last communication on this subject. Had instructions arrived to authorize me to consumate it, the treaty could have been concluded in half a day. Who may be called to the State Department is yet uncertain. I fear it will not again be so well filled. So far as the question of annexation is concerned I feel well assured no one will be appointed who will be so well suited to carry out the measure as Judge Upshur was. He had fully investigated it in all its bearings and knew the opinions, the prejudices, and inclinations of the Senate in regard to it. His great strength of intellect, his indomitable energy, nerve and decission of character combined with an amiable disposition that secured the love and respect of all parties, fitted him beyond any other man for this great task.

In compliance with your last instructions I indicated to Mr. Upshur the desire of our Government to conclude a treaty of alliance in the event that no assurance was given by Congress or the Senate before

hand that a treaty of annexation would be ratified. He replied that such a treaty could not be concluded, that it would be against the long settled and established policy of the United States, and that the only way in which this Government under present circumstances could become a party with us was by annexation, which he had proposed through the constitutional channel of the treaty making power. If the object contemplated by you is really to conclude a treaty of alliance with the President of the United States after declining to accept his proposition of annexation, I am at a loss to determine the reason of the choice of this policy. To conclude a treaty of alliance with the United States would give as great offence to Great Britain and France as a treaty of annexation, and such a treaty would certainly stand a less chance of ratification in the Senate of the United States, for it would involve this Government in all the responsibilities which annexation would, and yet secure to it none of its great advantages.

Although in your instructions to me you say it is not the desire of our Government that the claim for the two negroes of Dr. Robertson should be any further pressed by me at present, yet I have no doubt you will be satisfied to learn that contrary to your expectations I have succeeded in obtaining an order for their delivery, the particular circumstances attending which are detailed in my last dispatch.

Since writing the foregoing this morning, I have had an interview with the President. He informed me that on yesterday he received a dispatch from Genl. Murphy in which it was stated that Genl. Henderson had been appointed to act with me in the formation of a treaty of annexation, who would bring with him full powers for that purpose. The President stated he was very desirous to have the treaty concluded at once and by Mr. Nelson the Attorney General, who is Secretary of State adinterim, that he prefered he should do it instead of the gentlemen to whom he intended to offer the permanent appointment, and that as Mr. Upshur and myself had already commenced the treaty he hoped I would proceed at once to arrange the matter with Mr. Nelson so that the treaty might be ready to be signed by General Henderson upon his arrival should it meet his concurrence. Having received your instructions upon the principal points to be embraced in the treaty and having already taken some steps in the matter, and believing that every delay should be avoided, I shall proceed to the discussion with Mr. Nelson in order that it may be concluded at the earliest day possible after the arrival of Genl. Henderson

With the highest

regard I have the honor to be

Most Respectfully

Your Obdt. Servt.

ISAAC VAN ZANDT

Source Copy Consulted: Isaac Van Zandt to Anson Jones, March 5, 1844, 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: 261-262