J. Pinckney Henderson to R. A. Irion, January 5, 1838

Summary: Henderson described to Irion his efforts to secure recognition from Great Britain. Lord Palmerston told Henderson that Britain would not recognize Texas until he felt the latter could survive as an independent nation. Britain was afraid Mexico might reconquer Texas, was uncomfortable with Texas slavery, had citizens who held substantial investments in Mexico, and other reasons to delay recognition. Henderson tried to answer these objections by saying Texas could easily defend her borders and that his government had always fought against the African slave trade. Failing to get recognition, he then tried, with mixed results, to get Palmerston to agree to open British ports to Texas ships. Finally, Henderson asked permission to go to France, where he felt he might have better results.

Legation of Texas

Despatch No. 4

LONDON January 5th. 1838

To the Honorable R. A. IRION

Secretary of State

SIR

In despatch No 3, I stated to your Honor that I had terminated the conference which I held with Lord Palmerston on the 21st Ultimo, with the agreement of waiting on him on the 26th; at which time he promised to be able to inform me, whether or not Her Majesty's Government would give me the assurance that they would recognize the Independence of Texas in the course of a few months, provided things remained as they now are in Texas.

I waited on Lord Palmerston on the day fixed upon, but found several gentlemen in waiting before me; I therefore deemed it best to defer the interview until the succeeding day, of which I informed him by note. On the next day (27th) I attended at the Foreign Office, when Lord Palmerston informed me that he had laid my request before the Cabinet, who after giving it their full consideration, had instructed him to inform me, that Her Majestys Government declined giving such assurance.--That they had always acted upon the rule, which all prudent Governments had adopted never to make a pledge in anticipation of future events, to do an act which they were not legally bound to perform. I replied to this communication of the determination of this Government, that having in my letter to Lord Palmerston of the 26th. October, fully set forth the facts upon which Texas claimed the right to be recognized by other Nations as an Independent Government--facts which I had flattered myself, were amply sufficient to satisfy any Government that Texas was fully able to maintain her present Independent position, I did not well know what reply to make to his very unexpected communication, and that

I did not know what Texas could now expect from the Justice of England, when I was informed that the only objection this Government had to recognize her Independence was a fear that Mexico might recover her lost authority over that Country, and when at the same time, this Government refused to promise to recognize her, when that objection was removed.

Lord Palmerston replied, that I misunderstood him--that he intended to be understood to say that this Government declined giving any pledge of their faith to recognize the Independence of Texas at any particular time, in the event that things bore a particular aspect at that date; but that they felt every disposition to recognize as soon as that objection was removed from their minds; that he wished me not to understand this Government as refusing to recognize, because such was not the case; that they only wished further time to consider the matter, and to be better satisfied of the ability of Texas to maintain her declaration; that they could not undertake to say now, that three months, or any other particular lapse of time without a change of circumstances, would remove their doubts, and then again adverted to the fact, that this was about the season of the year, when they expected Mexico to invade Texas, if she did again invade her. I then observed that I was gratified at the assurance which he had given me of the good feeling which Her Majesty's Government entertained towards the Government and People of Texas; but that so far as regarded the object which I had in view, in requesting the assurance of this Government, that they would recognize at a particular time, provided there was no change of situation in Texas, the effect was the same to me as though they had absolutely refused the request; that my object in propounding that question was to ascertain whether or not it would be necessary for me to remain near this Government for a few months, whilst it could be ascertained whether or not Mexico would invade Texas with success or whether I might give up the hope of success here and proceed to France according to my instructions and solicit recognition from that Government.

Lord Palmerston then spoke of some of the difficulties which might attend the pledge which I had requested this Government to make; such as excitement in the Public mind against Texas, and stated that the opposition to the present administration would make use of it to excite those who were opposed to Slavery in Texas; and at the same time reminded me that Mr. Ward had interrogated him in parliament with that view more than twelve months since. I admitted that there was some reason in what he said; that it was our doctrine in Texas to pay due regard to Public sentiment, but at the same time, that rule should never lead a Government to do an act which amounted to a denial of Justice to another Nation.

Lord Palmerston then said, this Government was well aware of the growing importance of Texas, and that it was their interest to cultivate friendly relations with her, which they would not fail to do to the fullest extent, as soon as they felt themselves authorized by existing circumstances to do so. He however advised me, that it is important for the Government of Texas to look well to the Slave trade, and prevent the introduction of African Slaves, and said that this Government had been informed, that African Negroes had lately been introduced into Texas from Cuba, by first landing them on the East of the Sabine and carrying them from thence into Texas. I then again reminded him that I had before informed him, that the Constitution of Texas forbid the introduction of African Negroes into that Country, and that by a law of her first Congress, the penalty of death was imposed upon every person concerned in introducing them in any manner into the Country. That I would repeat to him then, what I had before assured him was true--that not a single African had been taken into Texas since her declaration of Independence--that it was true that African Negroes had been taken into the Country, but that they were taken there, whilst she was under the dominion of Mexico.--That Texas had appealed to the United States through her Minister at Washington, and to the British Government through His Excellency the Presidents Message of May last, to interfere in the Gulf of Mexico, to prevent such unauthorized acts.

During the Conference I thought I could discover from many minor circumstances that Lord Palmerston and the rest of the Cabinet had concluded amongst themselves, that there were other reasons by which they ought to be more influenced in this case, than the doubts which they entertained of the ability of Texas to maintain her Position. The opposition which the act of recognition would meet with in England upon the ground of Slavery in Texas--The interest of the Creditors of Mexico in England--The desire to see what disposition the Congress of the United States will make of the question of Annexation--All have their influence upon this Government. Lord Palmerston mentioned during our interview among other reasons for delay, that the other Nations of Europe would laugh at England if she recognized at this time and Mexico should succeed in a few months in reconquering her. I replied to this, that she would have very respectable company in her disapointment in the Government of the United States, and that she would have the consolation of having acted upon facts which constituted a strong case to justify it. He insisted that the United States stood in a different attitude towards Texas on account of her locality. But I persisted in not being able to see the strength of his assertion.

Much more passed between Lord Palmerston and myself which I deem it unnecessary to relate, inasmuch as it would serve but little to enable your Honor to judge of the disposition of this Government towards Texas. After we had finished the above discussion, I observed to Lord Palmerston, that the information which he had then given me in regard to the determination of this Government upon the main question which I had made before them, compelled me to make another proposition, which I had hoped, would have been unnecessary; which was, that the Ports of Great Britain should be opened to the admission of all vessels sailing under the Texian Flag, or having Clearances from her Customhouses, as well as the vessels of other Nations having clearances from any of the Customhouses of Texas, and at the same time pointed out to him, the advantages of such a measure. He observed that he thought such a thing might be done, and suggested to me the propriety of making this proposition in writing; which I told him was my intention, and that I only now mentioned it, that he might give it his earliest consideration. I then took my leave

The course which this Government has determined to pursue towards Texas has caused me to determine to proceed to France according to my commission and instructions.

France I am persuaded will feel less embarrassment in acting upon the claims of Texas to recognition, than is felt at this Court. She has no Mexican interest represented by wealthy Citizens--No fanatical Anti Slavery party--No reason to dread a powerful party which watches for an opportunity to create excitement against the administration--Neither has she a Colony which is daily expected to follow the example of Texas, and declare its Independence--All of which conspire to prejudice the rights of Texas with England.

Since my last conference with Lord Palmerston, I have addressed him upon the subject of opening the Ports of England to the vessels of Texas etc, which communication I will despatch to you, as soon as I shall have received his reply to the same. Some days have elapsed since I addressed this letter to Lord Palmerston, yet I have received no answer. And notwithstanding he intimated, that my request in this regard, would be granted, yet I look upon this delay as fatally ominous.

I mentioned in my last despatch that I would make a Protocol of my last conference, and ask Lord Palmerston to sign it; but inasmuch as he said nothing which would be of much benefit to me in future negotiations, I thought such a step unnecessary.

I have the honor to remain

With sentiments of the highest consideration,

Your obt. St

J PINCKNEY HENDERSON

Source Copy Consulted: J. Pinckney Henderson to R. A. Irion, January 5, 1838, 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., 3: 839-842