Isaac Van Zandt to Anson Jones, June 29, 1843

Summary: Van Zandt updated Jones about the issue of Mr. Robinson's stolen slaves, which were taken by Indians. He looked through the official correspondence and concluded that the United States claimed the Indians were not under its jurisdiction and that the present treaties only stipulated the return of captives and not property. Mr. Amory, a Texas legate, continued to lobby the U.S. ministers and it appeared that the U.S. was now willing to negotiate on the matter. Van Zandt said he would leave for Washington very shortly to discuss the matter and advised that Robinson should gather all the proof of ownership he could to smooth the way for a return of his property.

Despatch 102

LEGATION OF TEXAS IN THE

UNITED STATES FRANKLIN COUNTY TENN

29th June 1843

Hon ANSON JONES

Secretary of State of Texas

SIR

I have the honor to acknowledge the receipt of your Official Communications of the 8 and 9th Ultimo. In regard to that portion

of the same which relates to negroes of Mr Robinson alledged to have been carried off by the Indians of the United States I find the following to be the situation as appears from the records of this legation. Mr Armory in the absence of Mr Bee on the 19th of May 1841 addressed Mr Webster a communication on the subject submiting Mr Robertsons statement (which I suppose similar to the one now made) and requesting the restoration of the two negro slaves to their owner the punishment of the offenders and remuneration for all other injuries to Mr Robertson and his property. On the 7th October same year Fletcher Webster Acting Secretary of State replied by stating that the matter had been refered to the War Department, that the Secretary of War had considered and reported upon the same, a copy of whose report was submited to Mr Amory. The Secretary of War in his report says that there is no evidence whatever submited that the Indians who committed the depredations were from the United States and argues that the probability is they were Indians belonging to Texas He states that the 33rd Article of the treaty does not require the restoration of property and only contemplates the prevention of hostilities and return of captives. That the United States could only use persuasive measures with the Indians to procure a restoration of property and if they failed Mr Robertsons remedy would be indemnification by the Govt to be settled by negotiation He further states that ["]in regard to the two negroes if it be found that they are the property of Mr. Robertson and that they were brought from Texas by United States Indians considering them as captives the 33rd Article of the treaty with Mexico would require them to be restored" He then goes on to state the act of April 20th 1818 which makes it penal to bring hold or sell a slave from any other country etc and closes by saying that "under the provisions of this act if the negroes belong to Mr Robertson whether they were captured by our Indians or not unless they are fugitives they would have to be given up and those who brought them into the country and now hold them would be liable to be prosecuted and to the penalty of this act"

Mr Amory replied on the 11th of October 1841 say[ing] that "as the Govt of the United States still keeps the question of proof of the wrong refered to open and upon that account declines admiting to their full extent the justice of the complaint of Indian aggressions that he will advise his Government of the position in which the matter now stands so that the most irrefragible evidence may be furnished etc"

On the 12th of the same last mentioned month and year Mr Amory laid the whole subject before the Govt of Texas with the suggestion

that all the evidence possible should be procured in relation to this and other Indian aggressions and laid before the United States Charge in Texas or communicated to this legation Since that time the matter has rested so far as any thing appears among the papers or upon the records of this Legation.

The United States appear to be willing to consider them as captives or as slaves brought into the country in violation of law. Mr Amory seems to have sent the original statement of Mr Robinson and all the other evidence if there was any to the Secretary of State of the United States. From these facts I think it best that the matter should be referred to Mr Robinson that he may obtain all the proof possible before the subject is brought up again Entertaining this view I shall let the matter rest here untill I shall hear again from your Department in relation to the same, when I shall without delay proceed in accordance with your instructions should you submit them for my guidance.

I enclose you a copy of a communication recd from Mr Legare Acting Secretary of State in reply to my note of the 3d of February last in relation to the conduct of A M M Upshaw Indian Agent and the accompanying documents enclosed by Mr Legare I thought it only necessary to acknowledge their receipt and advise Mr Legare that the same was transmitted to my Government for its information.

The complaint against the whiskey shops upon the line on the Texian side has been frequently made to the War Department here as I have been told by the Secretary of War. If our Government has the power to prevent the sale of whiskey to the Indians along the line I have no doubt its exercise in suppressing the traffic would be attended with the most salutary effects

I start this day for Washington with my family I go by private conveyance. In granting me leave of absence you suggest the months of August and September but say I must leave at such time as will be least detrimental to the public service. I have been governed by the last suggestion The President and most of his Cabinet being now absent from the seat of Government I deemed it best to avail myself of the occasion to visit my family during their absence. I hope to be able to reach there by their return.

With high regard your

Most obt sevt

ISAAC VAN ZANDT

Source Copy Consulted: Isaac Van Zandt to Anson Jones, June 29, 1843, 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: 192-194