Isaac Van Zandt to Anson Jones, February 22, 1844

Summary: Van Zandt updated Jones on his work in Washington. He was convinced that an incident involving the United States military took place on United States soil after studying a topographical map. He was also still arguing about reparations for a Texas collector on the Red River and hoped to receive full compensation but would not know for a while. On a more positive note for Texas, he finally succeeded in convincing the U.S. government to return Dr. Robertson's slaves and suggested that the latter apply to the U.S. for his property. However, he also learned that Congress held up talks for Texas annexation because they distrusted President Tyler's motives.

[Despatch No. 114.]

LEGATION OF TEXAS

Washington D.C.

February 22nd 1844

Hon ANSON JONES

Secretary of State

SIR,

I have the honor to enclose you a copy of a communication addressed by me to Hon A. P. Upshur, Secretary of State of the United States in reply to his of the 29th. of December, last, and of the 16th ultimo upon the subject of the outrage committed by Captain Cooke under the sanction of Major General Gaines, copies of which I have heretofore forwarded to your department. I have given this subject every attention in my power, and from all that I have been enabled to discover it is my impression (although as you perceive I maintain the contrary to this Government) that the occurrence took place within the territory of the United States. I found in the Topographical office, here, a map of the Santa Fe road, made from actual survey by order of this Government. That map shows that the territory where Major Snively was encamped was about or a short distance west of longitude 99. What will be the result of the Court

of Inquiry of course can't be known beforehand, I have no doubt however that the whole transaction will be fully investigated.

The President of the United States, from some cause, seems disposed (for the Secretary of State informed me that what he had said was altogether by His direction) to pass over if possible the letter of General Gaines without exposing the orders which have been issued from the War Department concerning it. I think my reply will bring that matter out. As I stated to you on a former occasion I know the order of disapproval has been issued for I read the record in the War Department. After my communication to Mr. Upshur has been examined by His Excellency Genl. Houston, if any further steps be thought necessary I hope you will advise me as early as practicable.

You will perceive that I have again urged the consideration of the complaint made in the case of the rescue of the goods from the Collector of Red River. A short time since in a conversation with the President I informed him we should require a full indemnification for the goods taken; he replied, he thought we ought to be satisfied with the payment of the duties if we could get that. I rejoined that we should expect the whole amount to be paid. I shall leave no means untried to get a cession of this matter as early as possible. The Secretary has so many engagements to attend to that it is difficult for him to devote much time to any particular subject.

I also enclose you a copy of a note received by me from Mr. Upshur, with a letter from the Secretary of War communicating the cession of his Department in the case of Dr. Robertsons' negroes; and also a copy of my reply. You will perceive that his long controversy has at length been terminated favorably. I had much difficulty with it, on account of the former decission made to my predecessor. Mr. Spencer fought against it throughout and contended for every inch of ground. I deem it unnecessary to rehearse all the objections made, suffice it to say, they first denied the true state of the facts--next, the right to demand them under the treaty, and lastly denied the force of the treaty itself. All of which I finally battled down and now have the satisfaction to give you the result. The negroes will be delivered to Dr Robertson whenever he applies to Gov Butler the Cherokee Agent. It would be well to inform him as early as possible that he may attend to it.

I send you a copy of an extract of a letter from Mr. Brower on the subject of the proceedings of the Chamber of Commerce in regard to our treaty. His effort, to secure the passage of certain resolutions and the adoption of a report upon the subject, it seems, has failed. He has since gotten up a petition on the subject which will be forwarded to the Senate.

Aside from the general disposition not to agitate that matter again at this time, it cannot have escaped your attention that the last article

of the treaty itself says that the exchange of ratification shall take place within ten months, which period has sometime since expired. To renew the action on the treaty your Representative here will have necessarily to be furnished with full powers to do so, by an additional article.

I sent you a few days ago a printed copy of the letter of Mr. Walker upon the subject of annexation, it has had a most powerful influence here and will have throughout the whole country. The question is evidently gaining friends, and great anxiety is manifested that a treaty should be made as early as possible. I regret to learn that a memorial upon annexation has been received here from all the members of our Congress, except four, who were reputed sick or absent. I have not seen the memorial or the names. The proceeding is certainly a novel one. It is considered as having been gotten up because of their distrust of the Executive and has tended to confirm the many false rumours circulated against his reputation. The impression is, that all who signed the memorial show they have a want of confidence in the head of the nation, through whom diplomatic affairs are usually conducted, such certainly could not have been their design. But whatever it may have been, the step can add nothing to our advantage, or the elevation of that confidence so essential to every nation.

With the highest

sentiments of regard I have the

honor to be

Very Respectfully

Your Obdt. Servt

ISAAC VAN ZANDT

Source Copy Consulted: Isaac Van Zandt to Anson Jones, February 22, 1844, 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: 254-256