it had now become the imperative duty of Congress to act without further delay, and to enforce redress from the government of Miramon for the wrongs it had committed in violation of the faith of treaties against citizens of the United States.

Toward no other government would we have manifested so long and so patient a forbearance. This arose from our warm sympathies for a neighboring republic. The territory under the sway of Miramon around the capital was not accessible to our forces without passing through the States under the jurisdiction of the constitutional government. But this from the beginning had aways manifested the warmest desire to cultivate the most friendly relations with our country. No doubt was therefore entertained that it would cheerfully grant us the right of passage. Moreover, it well knew that the expulsion of Miramon would result in the triumph of the constitutional government and its establishment over the whole territory of Mexico. What was, also, deemed of great importance by the President, this would remove from us the danger of a foreign war in support of the Monroe doctrine against any European nation which might be tempted, by the distracted condition of the republic, to interfere forcibly in its internal affairs under the pretext of restoring peace and order.*

It is now necessary to trace the President's policy in regard to these Mexican affairs, for the remainder of his term after the commencement of the session of Congress in December, 1859. He saw very clearly that unless active measures should be taken by the Government of the United States to reach a power with which a settlement of all claims and difficulties could be effected, some other nation would undertake to establish a government in Mexico, and the United States would then have to interfere, not only to secure the rights of their citizens, but to assert the principle of the "Monroe Doctrine," which, according to the long standing American claim, opposes European establishments upon any part of this continent. He had his eye especially at this time upon the Emperor of the French, whose colonizing policy for France was well known, and who, Mr. Buchanan was well informed, was exercising, through his minister, great influence over Miramon. It was morally certain that if our Congress did not give the President the means necessary either to uphold the constitutional government of Juarez, or to compel the government of Miramon to do justice to our citizens, he would be involved in the necessity for counteracting the designs of Louis

Buchanan's Defence, p. 207 et seq.

Napoleon. If this would be an interference with the internal affairs of a foreign nation, contrary to our long avowed policy, was not this an exceptional case? Mexico was our neighbor, with whom our social, commercial and political relations were very close. She had no settled government. Without the friendly aid of some external power, she could have no government that could preserve her internal peace, or fulfill her treaty obligations. She was, as Mr. Buchanan forcibly said, “a wreck upon the ocean, drifting about as she is impelled by different factions." What power could more safely and appropriately undertake to assist her in establishing a settled government than the great neighboring Republic of the United States, whose people and rulers could have no desire to see her depart from the principles of constitutional and republican institutions? And if the United States had wrongs of their own citizens for which to seek redress and indemnification from the Mexican nation, was that a reason for refusing to do whatever might appropriately be done towards assisting any government which the Mexican people might be disposed to support and acknowl edge, to acquire the position and authority of a legitimate representative of the nation? It seemed to President Buchanan that there were but two alternatives: either to march a force into Mexico which would be sufficient to enable the constitutional government to reach the capital and extend its power over the whole republic, or to let things drift in uncertainty until Louis Napoleon should interfere. If the United States would act in concert with the constitutional government, the President believed that their consent and co-operation could be obtained. If the United States did nothing, the French would enter the country and the whole condition of affairs would become more complicated than they had ever been.

Accordingly, the President, in his message to Congress, of December 19th, 1859, recommended the passage of a law, authorizing him, under such conditions as Congress might deem expedient, to employ a sufficient military force to enter Mexico for the purpose of obtaining indemnity for the past and security for the future. After explaining the necessity and expediency of this step, and pointing out in what manner this force could aid the constitutional government of Juarez, he said that

if this were not done, "it would not be surprising should some other nation undertake the task, and thus force us to interfere at last, under circumstances of increased difficulty, for the maintenance of our established policy." The entire session of 1859-60 passed away without any notice being taken in Congress of this recommendation. The attention of that body was absorbed in discussions about slavery, and in shaping the politics of the next Presidential election. If the President's recommendation about Mexico had been discussed, we might have been able to judge whether his political opponents were fearful that more territory would be acquired from Mexico, for the further extension of slavery. But in regard to any such result of the mode in which the President proposed to secure an indemnification of the claims of our citizens, it is to be observed that according to the terms of his recommendation, it would rest entirely with Congress to fix the preceding conditions of the intervention, and that if a treaty were to follow or precede, it would have to be ratified by the Senate.

The President again brought this subject before Congress by his annual message of December, 1860. Mr. Lincoln had now been elected President and the foreign relations of the country would in three months be in his hands. At this time, however, it had become still more necessary for the United States Gov. ernment to determine, and to determine promptly, whether it would leave American citizens to the mercy of Miramon's government, or whether it would do something to establish the constitutional government of Juarez. Again the President repeated the warning that foreign powers would interfere if this matter were to be much longer neglected, although at that moment informal and verbal assurances had been given by some of the European diplomatists in Mexico that such interference was not intended. Congress, however, spent the whole winter of 1860-61 in a dreary discussion of our internal affairs, without either making any effort to arrest the spread of secession by conciliatory measures, or doing anything to strengthen the hands of the President or his successor.

But it had been for some time apparent to Mr. Buchanan that our relations with Mexico could not be left in the condition in which they stood. Both to satisfy the long deferred claims of

our citizens, and to prevent foreign interference with the internal affairs of Mexico, he had instructed Mr. McLane to make a treaty with the Constitutional government. On the 14th of December, 1859, a "Treaty of Transit and Commerce" was signed between the Mexican Republic and the United States, and also a "Convention to enforce treaty stipulations, and to maintain order and security in the territory of the Republics of Mexico and the United States." Great advantages of trade, transit and commerce were secured by these arrangements. The United States was to pay $4,000,000 for the surrender of certain Mexican duties, two millions to be paid down, and two millions to be reserved and distributed to the American claimants who could prove their injuries. With the two millions to be placed in the hands of the constitutional government, it was expected that it would be able to expel the usurping government from the capital and establish itself over the whole territory of the republic. All acquisition of further Mexican territory was thus avoided. If this treaty had been approved by the Senate of the United States, the empire of Maximilian would never have been heard of. The American negotiator, Mr. McLane, in his despatch to the Secretary of State, dated on the day this treaty and convention were signed at Vera Cruz, expressed his apprehension that if they were not ratified, further anarchy would prevail in Mexico, until it should be ended by interference from some other quarter. The President submitted the treaty and the convention to the Senate on the 24th of January, 1860. They were neither of them approved. Mexico was left to the interference of Louis Napoleon; the establishment of an empire, under Maximilian, a prince of the House of Hapsburg, followed, for the embarrassment of President Lincoln's administration while we were in the throes of our civil war, and the claims of American citizens were to all appearance indefinitely postponed.

The relations of the United States with Spain at the commencement of Mr. Buchanan's administration, and the manner in which he dealt with them, have been described by him as follows:

Our relations with Spain were in a very unsatisfactory condition on his accession to power. Our flag had been insulted, and numerous injuries had

been inflicted on the persons and property of American citizens by Spanish officials acting under the direct control of the Captain General of Cuba. These gave rise to many but unavailing reclamations for redress and indemnity against the Spanish government. Our successive ministers at Madrid had for years ably presented and enforced these claims, but all without effect. Their efforts were continually baffled on different pretexts. There was a class of these claims called the "Cuban claims," of a nature so plainly just that they could not be gainsayed. In these more than one hundred of our citizens were directly interested. In 1844 duties were illegally exacted from their vessels at different custom houses in Cuba, and they appealed to the Government to have these duties refunded. Their amount could be easily ascertained by the Cuban officials themselves, who were in possession of all the necessary documents. The validity of these claims was eventually recognized by Spain, but not until after a delay of ten years. The amount due was fixed, according to her own statement, with which the claimants were satisfied, at the sum of $128,635.54. Just at the moment when the claimants were expecting to receive this amount without further delay, the Spanish government proposed to pay, not the whole, but only one-third of it, and this provided we should accept it in full satisfaction of the entire claim. They added that this offer was made, not in strict justice, but as a special favor.

Under these circumstances, the time had arrived when the President deemed it his duty to employ strong and vigorous remonstrances to bring all our claims against Spain to a satisfactory conclusion. In this he succeeded in a manner gratifying to himself, and it is believed to all the claimants, but unfortunately not to the Senate of the United States. A convention was concluded at Madrid on the 5th March, 1860, establishing a joint commission for the final adjudication and payment of all the claims of the respective parties. By this the validity and amount of the Cuban claims were expressly admitted, and their speedy payment was placed beyond question. The convention was transmitted to the Senate for their constitutional action on the 3d May, 1860, but on the 27th June they determined, greatly to the surprise of the President, and the disappointment of the claimants, that they would "not advise and consent" to its ratification.

The reason for this decision, because made in executive session, cannot be positively known. This, as stated and believed at the time, was because the convention had authorized the Spanish government to present its Amistad claim, like any other claim, before the Board of Commissioners for decision. This claim, it will be recollected, was for the payment to the Spanish owners of the value of certain slaves, for which the Spanish government held the United States to be responsible under the treaty with Spain of the 27th October, 1795. Such was the evidence in its favor, that three Presidents of the United States had recommended to Congress to make an appropriation for its payment, and a bill for this purpose had passed the Senate. The validity of the claim, it is proper to observe, was not recognized by the convention. In this respect it was placed on the same footing with all the other claims of