James Hamilton to J.S. Mayfield, May 18, 1841

Summary: Hamilton updated his superiors on the signing of three treaties with Great Britain concerning commerce and the slave trade. He said Lord Palmerston could not accept the treaties yet because an old rule required simultaneous acceptance by both parties involved and the Texas Senate did not stay in session long enough to ratify it. Hamilton assured his government that relations were still good and Britain would ratify the treaties as soon as the Senate did so in October. Also included a copy of the protocols as stated by Palmerston.

LONDON, May 18th 1841.

SIR:

I have the honor to acknowledge the receipt of your favor of the 12th Feby together with the ratifications of the Treaties of Amity and Commerce and Mediation with her Majesty's Government and that with the King of the Netherlands.

In presenting myself at the foreign Office on the 16th Inst (for it was only on the 15th Mr. Ikin reached London having been upwards of two months on his journey) Lord Palmerston reminded me of our stipulation and the invariable practice of European Courts that in the case of treaties executed at the same time, the exchange of ratifications should be simultaneous and as the Treaty for the suppression of the African Slave trade did not reach Austin before the adjournment of the Senate owing to the unexpected delay in Mr Burnley's journey his Lordship has declined to ratify the two treaties brought out by Mr Ikin, until the third arrives. I assure you that his decision is made without the smallest change in the friendly dispositions of Her Majesty's Government, but in strict conformity to established rule.

As the congress of Texas will not sit until October next, it was necessary that his Lordship and myself should extend the time for the exchange of the Ratifications. We accordingly have this day concluded the protocol of conference of which I enclose you a copy. The consequence is that no resident Minister or Charge' can be recognized or received at this Court until the exchange is made. I shall retain my full powers for the purpose of ratifying the treaties, the honor of which is the only remuneration I seek for my diplomatic services.

I shall be in Austin a week before the meeting of Congress to afford such explanations of the Slave trade convention as I trust will be satisfactory to all branches of the Government, and be prepared to return in the Spring to England to exchange the Ratifications, after which I will most cheerfully surrender my appointment. As I have put the Republic to no pecuniary loss by this arrangement, I hope it will be satisfactory. In the mean time it will be totally unnecessary to send out any Minister or Charge' as he would not be either recognized or received as a diplomatic Agent. I do not desire a Secretary as it would be uncalled for expense to the Republic.

I beg you to assure the President that his instructions as to any Compact or Treaty with the Mexican Bond holders, shall be strictly attended to. Pray make acceptable likewise to him, my thanks for the appointment as Minister Plenipotentiary and Envoy Extraordinary to this Court, with which he has honored me, and for which I have received my commission and the necessary letters of credence.

I have the honor to remain with great respect

Your Obt. Servt.

J HAMILTON

Hon

J S. MAYFIELD

Secy of State. etc. etc.

Protocol of conference held at the foreign office May 19th 1841 between the Plenipotentiaries of Great Britain and Texas.

Whereas, there was concluded between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and the Republic of Texas on the 13th Novr 1840 a Treaty of Commerce and Navigation and on the 14th Novr. 1840, a convention containing certain arrangements relative to the public debt and on the 16th Novr 1840 a Treaty for the suppression of the African Slave trade, and it was stipulated that the ratifications of all these Treaties should be exchanged at London within nine months from the time when they were respectively signed.

And Whereas, unforseen delays retarded the journey of Mr. Burnley, the gentleman by whom the original of the last of these Treaties was forwarded by the Texan Plenipotentiary to his Government.

And Whereas, the Congress of Texas separated this year earlier than was expected and was not longer sitting when Mr. Burnley arrived at Galveston.

And Whereas, in consequence of these circumstances the Texas Senate, have as yet advised and consented to the ratification of only two out of the three Treaties.

And Whereas, it was agreed between the British and Texan Plenipotentaries that the ratifications of all the three above mentioned Treaties should be exchanged simultaneously.

And whereas, the Texan COngress will not meet again until the month of October next, The Plenipotentiaries of Great Britain and Texas who signed the three Treaties aforesaid having now met together have agreed and do hereby agree and declare that the time for the exchange of the ratifications of said Treaties will be extended to the first day of June 1842.

Source Copy Consulted: James Hamilton to J.S. Mayfield, May 18, 1841, 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: 937-939