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Boundary-United States and Mexico.

navigation, concluded and signed at the capital of the latter republic on the 12th of January, 1828, and on the 5th of April, 1831, both of which have been approved by the General Congress of the Union, have appointed and fully authorized him, as plenipotentiary, to do whatever may be necessary for the exchange of the ratifications of the said treaties.

The undersigned hopes that the Secretary of State will inform him whether he is equally disposed to proceed to the exchange of the ratifications, reminding him at the same time that, on the 5th of April next, the period stipulated for that act will expire.

The undersigned avails himself of this occasion to renew to the Secretary of State the expressions of his high consideration and respect. J. M. MONTOYA.

To the Hon. EDWARD LIVINGSTON,

Secretary of State.

Mr. Livingston to Mr. Montoya.

DEPARTMENT OF STATE,

Washington, March 30, 1832. The Secretary of State of the United States had the honor to receive, on the day of its date, the 26th of this month, the note of Mr. Montoya, chargé d'affaires of the United Mexican States, and has now the satisfaction to inform him, in reply, that he will be ready to proceed with Mr. Montoya, at this office, on Wednesday next, the 4th of April, to the exchange of the ratifications, by their respective Governments, of the treaty of commerce and navigation concluded between them at Mexico on the 5th day of April last.

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Washington, March 31, 1832. The undersigned, chargé d'affaires of the United Mexican States, had this day the honor of receiving from the Secretary of State, a note bearing date the 30th, in reply to his of the 26th; in it the Secretary informs the undersigned that he will be prepared, on Wednesday the 4th of April next, for the exchange of the ratifications by the respective Governments of the treaty of commerce and navigation concluded in Mexico on the 5th of April last.

That pe

The undersigned was much surprised and grieved by the terms of this reply. On the 30th April, 1828, Mr. Clay, then Secretary of State, informed the Mexican minister by note, that the President had, with the advice and consent of the Senate, ratified the treaty of limits which had been concluded in Mexico on the 12th of January preceding, and that he was ready for the exchange of the ratifications at any time within the period assigned by the treaty which would be convenient to the Mexican minister. riod, however, passed before the minister could receive the treaty ratified by his Government, and consequently the exchange would not be effected within it. When at length the treaty arrived, the minister informed the Secretary of State on 24 August, 1828, that no further obstacle existed to the exchange of ratifications; the reply was, that the period fixed in the treaty having been exceeded, the subject would have to be brought before the Senate at their

next session.

The same reply was given by Mr. Van Buren to the undersigned on the 22d April, with the addition that as soon as the treaty of commerce and navigation was received, it would be submitted to the consideration of the Senate. Induced by this correspondence, the Vice President of

the United Mexican States procured, with great difficulty, the necessary powers to conclude and ratify the treaty of friendship, commerce, and navigation, the period for the exchange of ratifications of this latter being declared by an additional article to be the same within which that of the treaty of limits is to take place.

From this it appears that the treaty was actually signed by the President of the United Mexican States, and that the exchange was only prevented by the circumstance of the period assigned having been exceeded; that the Mexican Government, by the additional article, had removed this obstacle as far as lay in its power, and by ratifying the treaty of friendship, commerce, and navigation, has also done away with the second objection alleged by the United States Government against the exchange of the treaty of limits.

Consequently, when the Mexican Government sent both the treaties to be exchanged at once in this capital, within the period last assigned, it was far from imagining that the exchange of ratifications of the treaty of limits would be put off indefinitely by the American Government.

The undersigned says nothing of the unfavorable impression which this delay will produce upon the Mexican nation, and ventures to hope that when the Secretary of State thinks proper to exchange the ratifications of the treaty of friendship, commerce, and navigation, he will likewise exchange those of the treaty of limits at the same time.

The undersigned takes this occasion to express to the Secretary of State the sentiments of consideration and respect with which he signs himself,

J. M. MONTOYA.

To the Hon. EDWARD LIVINGSTON,

Secretary of State.

Mr. Livingston to Mr. Montoya.
DEPARTMENT OF STATE,

Washington, March 31, 1832. The undersigned, Secretary of State of the United States has the honor to acknowledge the receipt of a note of this date from Mr. Montoya, chargé d'affaires of the United States of Mexico, in answer to the notice which the undersigned caused to be given of his readiness to proceed to the exchange of the ratifications of the treaty of commerce and navigation on the 4th of next month of April. In that note Mr. Montoya expresses a hope that, on the same day fixed for the exchange of the ratifications of the treaty of commerce and navigation, the exchange may also take place of the treaty of limits. To this proposition it would be a sufficient answer to say, that, in order to proceed to the exchange of treaties, the ratifications of both of the high contracting parties, by their constitutional organs, must have preceded such exchange; that, in the case of one treaty, such ratification has taken place, and that in the case of the other it has not; the treaty of limits being still under the consideration of the Senate, without whose cons nt and advice, by the constitution, the President cannot ratify the treaty, and of course the undersigned cannot make the exchange. This, the undersigned repeats, would be a sufficient, and, as is hoped, a satisfactory reason why the expectations of the chargé d'affaires of the United Mexican States on this subject cannot be fulfilled. But, as the course heretofore taken seems to be relied on as a reason why the exchanges ought in good faith to be simulta neously inade, it is proper to remark that the readiness evinced by the note of Mr. Clay, on the 30th of April, 1828, on the part of this Government, to proceed to the exchange of the treaty of limits immediately after its ratification by the Senate, and the subsequent answer given to the minister from Mexico that such exchange could not take place, as the period limited for the exchange had ex

Boundary-United States and Mexico.

pired, both show that this Government was ready to make the exchange within the time, and signified such readiness, and that after that time had expired no power to do it existed until a modification of the treaty had been made by the treaty-making powers of both nations. That modifi. tion has been made by one of the high contracting parties, and it is now before the other for its action.

The intimate acquaintance which the chargé d'affaires of the Mexican republic has with the distribution of powers under our constitution, renders it unnecessary to explain to him the relative functions of the President and the Senate in the formation of treaties, or to inform him that it would be impossible for the President to assume the powers given to another branch of the Government. The former ratification by the Senate four years ago was rendered inoperative by the omission of the Mexican Government to ratify within the term prescribed, and the subsequent enlargement of the term by an additional article by one party requires, as has been said, the co-operation of the other before the com-pact can be complete.

It is hoped that the ratification of the Senate will enable the undersigned to comply with the wishes of the chargé d'affaires of the United Mexican States, to exchange both treaties at the same time, and to give the greatest opportunity for doing this the latest day was fixed for the exchange of the ratifications of the treaty of commerce and navigation. The undersigned renews the assurances of his high consideration. EDWARD LIVINGSTON.

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The undersigned, chargé d'affaires of the United Mexican States, had the honor to receive, yesterday, at 3 o'clock in the afternoon, the note from Mr. Livingston, the Secretary of State, dated March 31st, in reply to that from the undersigned of the same date, stating his reasons for hoping that the ratifications of the treaty of limits might be exchanged on the same day with those of the treaty of amity, commerce, and navigation.

Mr. Livingston, in his said note, says that it would be a sufficient answer to this proposition to state, that in order to proceed to the exchange of treaties, the ratifications of both the high contracting parties should have been previously exchanged, and that as the treaty of limits is now under the consideration of the Senate of the United States, without the consent of which the President cannot ratify it, Mr. Livingston cannot proceed to the exchange of the ratifications. He afterwards adds, that although this might be taken as a sufficient and satisfactory reason for the nonfulfilment of the expectations of the undersigned with regard to this affair, it was proper to remark that the readiness evinced by Mr. Clay, in his note of the 30th of April, 1828, to proceed on the part of the United States to the exchange of the ratifications of the treaty of limits, immediately after its ratification by the Senate, and his answer to the Mexican minister, that the said exchange could not take place, as the period assigned for it had expired, served as proofs that the Government of the United States was ready to make the exchange; but that the period having expired, it could not be effected until a modification of the treaty had been made by those authorized by the Government to make it; that such a modification had been made by one of the high contracting parties, but the decision of the other with regard to it was still pending. The honorable Secretary adds, that the first ratification by the Government of the United States had been rendered void by the omission on the part of the Mexican Government to ratify the treaty

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within the term prescribed; and that the extension of this term by means of an additional article, proposed by one party, requires for its entire admission as a compact, the cooperation of the other.

The undersigned, on despatching his note of the 31st March, was well aware that the President of the United States could not ratify the treaty of limits without the consent of the Senate; he also knew that as the ratifications had not been exchanged within the period stipulated on the 12th of January, 1828, it was necessary that the additional article for extending the term of the exchange one year longer, agreed upon at Mexico between the plenipotentiaries between the two high contracting parties, should be submitted to the consideration of the Senate; he, however, believed that no difficulty would have taken place with regard to the ratification of the said article.

In fact, the treaty of limits concluded and signed at Mexico, is merely a repetition of that concluded and ratified by the United States and by Spain. When the United States of America recognised the independence of Mexico, they, by that very act, tacitly recognised the limits already agreed on with Spain, and, therefore, in forming the treaty with regard to that subject in 1828, the United States of America, as well as the United Mexican States, did nothing more than sanction what had been already acknowledged.

The readiness with which this treaty was ratified by the President of the United States, with the consent of the Senate, and the disposition manifested by Mr. Clay for effecting the exchange of the ratifications, prove that the question of the limits was entirely arranged, and that if, after the expiration of the term for the exchange, the President had thought proper to submit the treaty again to the consideration of the Senate, there was no ground for sup posing that this second revision comprehended the question of limits, or that it would not be confined simply to that of the extension of the period stipulated for the exchange.

This extension was the sole object of the additional article, which was signed by the American plenipotentiary accredited near the Government of the United Mexican States, in virtue of powers conferred on him by his own. In consequence, the Mexican Government, under the persuasion that there would not be the slightest difficulty on the part of that of the United States of America, with regard to the ratification of the additional article, considered itself authorized to expect that the exchange of both treaties would take place at the same time.

The undersigned therefore finds himself under the necessity of informing the Secretary of State, that, agreeably to his instructions, he cannot proceed to the exchange of the ratifications of the treaty of amity, commerce, and navigation, unless those of the treaty of limits be exchanged at

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Mr. Montoya to Mr. Livingston.-Extract.
[Translation.]

MEXICAN LEGATION AT WASHINGTON,
April 27, 1832.

In the third article of the treaty of limits it is agreed that, in order to fix the dividing line between the two republics, each party shall appoint a commissioner and a surveyor, who shall meet at Natchitoches before the termination of one year from the date of the ratification of the treaty. Tho undersigned requests the Secretary of State to inform him when the appointment of the said commissioner with have been made by the President of the United States, and

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at what time the commissioner would probably arrive at the place agreed upon.

The undersigned avails himself of this opportunity to repeat to the Secretary of State the expressions of his high consideration and esteem. J. M. MONTOYA.

Mr. Livingst m to Mr. Montoya,

DEPARTMENT OF STATE, Washington, July 20, 1832. The undersigned, Secretary of State of the United States, has the honor to transmit to Mr. Montoya, chargé d'affaires from Mexico, the enclosed copy of an act of the late session of Congress, entitled "An act to provide for carrying into effect the treaty of limits between the United States of America and the United Mexican States," and to acquaint him that this Government is prepared to proceed, conjoint ly with that of Mexico, to the designation of the boundary line between the territories of the two Governments.

The undersigned is instructed, therefore, by the President, to inquire of Mr. Montoya whether any arrangements have been made on the part of his Government for proceeding, conjointly with this, to the designation of the line contemplated, or, if not, to request that he will ask the im mediate attention of his Government to this subject.

He avails himself of this occasion to renew to Mr. Montoya the assurances of his consideration.

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Philadelphia, December 2, 1833. The undersigned, chargé d'affaires of the Mexican republic, has the honor of communicating to the Secretary of State the following note, which he has received from his Government:

"The Supreme Government, with a view to carry into effect the third article of the treaty of limits between the Mexican and the United States Governments, has appointed Lieutenant Colonel Don Tomas Ramon del Moral commissioner, and Don Castillo Navarro surveyor. And I give you this information, in order that you may convey it to the Government near which you are accredited, and, at the same timo, may inquire whether such officers have been appointed on its part for fixing the dividing line between the two countries, and, if So, who they are."

The undersigned hopes the Secretary of State will inform him whether any persons have been appointed by his Government to act with those named above in determining the said dividing line, and, if so, what are their names.

The undersigned has the satisfaction of again presenting to the Secretary of State the assurances of his distinguished satisfaction.

God and liberty.

J. M. DE CASTILLO Y LANZAZ.

Mr. McLane to Mr. Castillo. DEPARTMENT OF STATE, Washington, December 31, 1833. Sin: Your lotter of the 2d of this month, acquainting me that the Supreme Government, with a view to carry into effect the third article of the treaty of limits between Mexico and the United States, had appointed Lieutenant Colonel Don Thomas Ramon del Moral commissioner, and Don Castillo Navarro surveyor, was received at this Department on the 4th instant. I have delayed my answer,

however, in the confident expectation, confirmed by the assurance contained in your letter of the 22d July last, that you would have earlier taken up your residence at the seat of Government, in compliance with the wish of the President, which I had the honor to communicate to you on the 13th of July.

As it appears by your letter of the 22d July, that you correctly interpreted the nature of the President's request, I am bound to presume that a compliance with it on your part has been prevented by sufficient and unavoidable causes, although not made known to this Department, and notwithstanding the reasons for your presence here, growing out of the important and particular state of the relations between the two Governments.

Under this belief I address this letter to you at Philadelphia, for the purpose of inviting your attention particularly of the 5th day of April, 1831, and of inquiring of you at what time the appointment of commissioners by your Government was made.

to the terms of the third article of the convention of limits

I have the honor to be, with high consideration, your obedient servant, LOUIS MCLANE. Senor Don J. M. DE CASTILLO Y LANZAZ, Chargé d'Affaires of Mexico.

Mr. Castillo to Mr. McLane.-Extract. [Translation.]

MEXICAN LEGATION,

Philadelphia, January 9, 1835.

As to the second subject treated in the note, respecting the appointments of Colonel Don Thomas Ramon del Moral as commissioner, and Don Castillo Navarro as geometer, for carring into execution the third article of the treaty of limits between the United States and those of Mexico, the undersigned cannot say at what date those appointments were made; and can only declare that the despatch received by him, respecting the same, bore date the 25th of last September. The causes which have produced the delay beyond the period fixed in the above-mentioned article are well known; still the undersigned must be permitted to say, for the credit of the present Mexican administration, that, in the midst of the political storms of civil war, of terrible battles with its enemies, and of difficulties ensuing thereon, despite all this, it has directed its attention to this important business, giving proof in this, as well as other laudable acts, of its desire to draw still more closely the bonds of friendship and harmony now existing between the two countries.

Mr. Castillo to Mr. Me Lane. [Translation.]

MEXICAN LEGATION, Washington, May 26, 1834. The undersigned, chargé d'affaires of the United Mexican States, has the honor to inform the Hon. L. McLane, Secretary of these United States, that he has received orders from his Government to state that it has no motive for altering the terms of the treaty of limits between the two republics in any respect; that this treaty, having been formally published, has the force of law, nothing remaining but that the respective commissioners should proceed in laying down the line of division; that, indeed, the serious difficulties with which the Mexican Government has lately had to contend have hitherto prevented this demarcation from being made; but that these circumstances should not, in any way, affect the results of the negotiation concluded; the more so, as the commissioners and surveyor of the

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United States, although appointed the one on the 31st of July, and the others on the 24th of September last, have not yet proceeded on their journey to the place of operations. Finally, that, as in order to carry into effect all the parts of said treaty which remain unexecuted, nothing more is necessary than to extend the term for the meeting of the commissioners, such extension may be made by agreement between any person whom the United States may authorize on their part, and the undersigned on that of the Mexcan Government, which has promised to furnish him with full powers to that effect by the packet which is to leave Vera Cruz on the first of next month.

Such an expedient for remedying the delay in the execution of the said treaty, which has been caused by inevitable circumstances, is certainly the most rational; besides which, it conforms to what Mr. McLane was pleased to say verbally to the undersigned in a friendly conference on the subject.

The undersigned hopes Mr. McLane will let him know the intentions of this Government with respect to this business; and he will, on his own part, inform the Secretary of State, as soon as he shall have received the full powers referred to above. Meanwhile he has the honor to repeat to Mr. McLane the assurances of his most distinguished consideration. J. M. CASTILLO Y LANZAS.

To the Hon. Louis MCLANE, Secretary of State.

The Minister of Foreign Affairs of Mexico to the Secreta-
ry of State of the United States.
[Translation.]

Mexico, October 21, 1834.

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can States, has the honor to communicate to the Hon. John Forsyth, Secretary of State of these United States, that, in the month of May last, in consequence of what was agreed to between himself and the Hon. Louis McLane, at an interview relative to the treaty of limits now pending between the two countries, he had the pleasure to address a note to Mr. McLane, to which he now takes the liberty to refer Mr. Forsyth; it is dated the 26th May, 1834. He must, however, observe that, on account of the pressing concerns of his Government at that time, and from the absence of most of its mernbers more latterly, the answer which he expected, and which had been verbally promised him, has not till this date reached this legation.

In consequence of the despatch mentioned in said note, by which the Mexican Government expresses its opinion, and which is moreover conformable (as declared in it) with the verbal notice given by Mr. McLane; and, in consequence of the offer made at that time by him, he has the honor to inform Mr. Forsyth that he has lately received the full power which he expected from his Government, to proceed to the negotiation of an additional article of the said treaty.

A slight indisposition prevents the undersigned from going to the Federal city as soon as he could wish, in order to deliver to the Hon. John Forsyth in person that which his Government has sent for him, together with the said full power, and to present this document, by means of which he doubts not that he shall be able to destroy the only difficulty now existing against the definitive settlement of the limits between the two countries.

As to the commissioners, the undersigned must inform the Hon. John Forsyth that the persons who were formerly appointed, and of whom the undersigned had the honor to notify this Government in his note of the 2d of December, 1833, having resigned their offices, the Supreme Government of Mexico has appointed in their places Colonel Don Juan Nepomuceno Almonte as commissioner, and Lieutenant Colonel Don Pedro Garcia Conde as mathema

tician.

The undersigned hopes the Hon. John Forsyth will submit this letter to the President of the United States, and inform the undersigned of his excellency's determination with regard to it, in order that he may take advantage of the packet which is now nearly ready to sail for Vera Cruz, to inform his Government on the subject. The undersigned, meanwhile, &c.

PALACE OF THE FEDERAL GOVERNMENT, The undersigned, Secretary of State and of Relations of the United Mexican States, has the honor to address the Secretary of State of the United States of America, informing him that although the political circumstances in which this republic is placed have prevented its Government from providing for the meeting at Natchitoches of the commissioners and surveyors of the two nations, according to the terms of the third article of the treaty of limits, concluded in the year 1832, within the period there stated, yet it has constantly desired to have this important affair terminated as soon as possible; and, indeed, to that effect it did appoint persons on its part to proceed to the said designation of limits, which could not, however, take place on account of the dismissal of the individuals chosen. His excellency, the President, has since appointed other persons, who will go without delay to Natchitoches; but, in order that they may proceed in union with those of the United States, he has given full power to Don J. M. del Castillo y Lanzas to fix upon a new period for the meeting arranged by the 3d article of the treaty of 1832, as the year therein mentioned has passed. And his excellency, not doubting that the Supreme Government at Washington will have no difficulty in agreeing to this proposition, has directed the undersigned to address the present communication to the honorable Secretary of State of the Uni-tillo that it is apparent, from the contents of his note, there ted States, and to request him to use his influence for the attainment of this important object, which would contribute so essentially to strengthen the relations of amity and good will now subsisting between the two nations.

The undersigned embraces this opportunity to assure the Secretary of State of the United States of his most distinguished consideration.

FRANCISCO DE LOMBARDO.

Mr. Castillo to Mr. Forsyth.
[Translation.]

MEXICAN LEGATION,
Philadelphia, December 4, 1834.
The undersigned, chargé d'affaires of the United Mexi.
VOL. XIV.A 19

J. M. CASTILLO Y LANZAS.

Hon. JouN FORSYTH.

Mr. Forsyth to Mr. Castillo.
DEPARTMENT of State,
Washington, December 11, 1834.
The undersigned, Secretary of State of the United States,
has the honor to acknowledge the receipt of the note of Mr.
Castillo, chargé d'affaires of Mexico, dated the 4th instant.
In reply, the undersigned has the honor to inform Mr. Cas-

has been a misapprehension on the subject. The undersigned
has therefore now the honor to acquaint Mr. Castillo that,
on the 13th of January last, Mr. Butler, the chargé d'affaires
of the United States at Mexico, was empowered and in-
structed to negotiate a second additional article to the treaty
of limits between the two countries, for the purpose of ex-
tending the time originally fixed for the meeting of the
commissioners and surveyors. Mexico was preferred as
the seat of the negotiation, because it was deemed desirable
to obtain the ratification of the Mexican Government to the
article before forwarding it for ratification by this Govern-
ment. Owing to accident, however, the instruction and
power adverted to were not received by Mr. Butler until
the first of July last, at which time the Mexican Congress

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was not in session. It is understood that it will meet again on the 1st of January next. Mr. Castillo will perceive that, as arrangements have been made by this Government for the negotiation of the additional article at Mexico, and there is reason to conclude that progress has been made, it is inexpedient and unnecessary to enter upon one here for the same object.

The undersigned has the hor.er to renew to Mr. Castillo the assurances of his most distinguished consideration. JOHN FORSYTH.

Senor Don J. M. DE CASTILLO Y LANZAS,

Chargé d'Affaires of Mexico.

Mr. Castillo to Mr. Forsyth. [Translation.]

MEXICAN LEGATION, Philadelphia, December 15, 1834. The undersigned, chargé d'affaires of the United Mexican States, has the honor to acknowledge the receipt of the note of the honorable Secretary of State, Mr. Forsyth, dated the 11th, in answer to his of the 4th instant, and he proceeds to make some observations thereupon, for the purpose of further illustrating the matter in controversy, and to fulfil what may be required in relation thereto by the interests of his country, which, owing to lamentable causes, to which it is unnecessary now to advert, have been disregarded for the few last years.

It appears by the note which the undersigned addressed to Mr. Louis McLane from this city on the 26th of May last, to which he has had the honor to invite the attention of Mr. Forsyth, that the Mexican Government had deemed it expedient, from the beginning of the year now about to end, that the time fixed for the meeting of the commissioners of both parties charged with tracing the boundary line between the two republics should be prolonged, but that no change should be made in the treaty upon the subject, inasmuch as that had the force of law, was a measure to which the Government of the United States had acceded, and to which it consequently ought not to oppose any hinderance. The undersigned also acquainted Mr. McLane, in the aforesaid note, that his Government promised to send him soon the power necessary to carry into effect that object, and that, as soon as he should receive it, he would communicate it to this Government for the necessary purposes, as he has done, that having been the object of his note to Mr. Forsyth of the 4th instant.

It is inferred from the answer with which the undersigned has been honored, that Mr. Forsyth considers there has been some misapprehension on the subject; because the necessary powers and instructions having been transmitted to Mr. Butler, chargé d'affaires of the United States at Mexico, to negotiate a second additional article to the treaty of limits, and there being reason to believe that some progress had already been made in the negotiation in that country, it could not be necessary or expedient to enter upon a negotiation here for the same object.

Now, the undersigned cannot comprehend how it is, that, as he has already said, the purpose of his Government having been, from the beginning of this year, to carry on the negotiation in this country, the powers and instructions sent by this Government to Mr. Butler for the same object should, nevertheless, be received at a more advanced period, without any remark. And, even supposing that they were, in fact, received in the month of July, as Mr. Forsyth has been pleased to say, it seems to be in the highest degree extraordinary that, subsequently to this, on the 21st of October last, that is to say, nearly four months later, the positive powers and instructions which the undersigned has received within a few days, should have been forwarded to him under the belief that they would not only be promptly recognised by this Government, but that the Secretary of

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State would see fit to take measures, on his part, to carry into effect the object of the said instrument. With this view, the Minister of Foreign Relations of Mexico has thought proper to enclose a note to the undersigned for the Secretary of State, as has already been stated in the note of the undersigned of the 4th instant, which added that he would have the satisfaction to deliver it in person to Mr. Forsyth so soon as he should have recovered from a slight indisposition with which he was afflicted, and from which he hoped to be free in a few days.

The Mexican Government, in its last communication to the undersigned of the 21st of October of this year, neither mentions that Mr. Butler had presented any power, nor that he had apprized it that he had received such an instrument for the purpose of setting on foot any negotiation upon the subject of an additional article to the treaty of limits; and this, in the opinion of the undersigned, shows still more clearly that that Government has constantly preferred that the negotiation in question should be begun in this country. Certainly then, if, as Mr. Forsyth suspects, the negotiation had already been entered upon with Mr. Butler, there would have been no need of also beginning a negotiation with this Government, (and the Mexican Government would no doubt have so thought;) and, in the event, the instructions and power which the undersigned has received would have been superfluous.

In what, then, can the misapprehension be said to consist? At all events, it appears to be trivial, considering the importance of the business, the final conclusion of which would so greatly contribute to strengthen the relations of friendship and good understanding which exist between the two republics.

In virtue of the last consideration, and inasmuch as it seems palpable enough that no progress has yet been made in the negotiation at Mexico of the article in question, and considering besides, if it be not entered upon now, much time will be lost, the concurrence of the Legislature upon the subject being necessary, and as the present session of Congress, at Washington, will end about the beginning of March, and that of the Chambers at Mexico about the middle of April, no time will therefore be left to correct the misapprehension to which Mr. Forsyth refers, or to conclude as promptly as is desirable the negotiation of the additional article in question.

The undersigned, therefore, can do no less than flatter himself, that in pursuance of the just wish of his Governalready been much retarded, the Government of the United ment, and for the purpose of ending an affair which has States will see proper to allow him to present the full power, which, as has been said, he has received for that object, and will allow the negotiation of the second additional article to be entered upon, which both Governments have in order that the terms of the article being agreed upon here, deemed it necessary should be added to the treaty of limits, and the article ratified with the greatest promptitude at Mexico, the commissioners of both countries may proceed to the demarcation of the boundary, in pursuance of the plan newly stipulated for.

The undersigned trusts that, upon considering the preceding declaration, this Government will not find it inconvenient to comply with the desire he has manifested in the the honor to renew to Mr. Forsyth the assurances of his name of his Government; and, cherishing this hope, he has most distinguished consideration.

J. M. DE CASTILLO Y LANZAS.

Mr. Forsyth to Mr. Castillo.
DEPARTMENT OF STATE,

Washington, January 9, 1835. The undersigned, Secretary of State of the United States, has had the honor to receive the note addressed to him by

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