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tion—the President delivered his opinion in these words:

"The title of Texas to the territory she claims is identified with her independence. She asks us to acknowledge that title to the territory, with an avowed design to treat immediately of its transfer to the United States. It becomes us to beware of a too early movement, as it might subject us, however unjustly, to the imputation of seeking to establish the claim of our neighbours to a territory, with a view to its subsequent acquisition by ourselves. Prudence, therefore, seems to dictate that we should still stand aloof, and maintain our present attitude, if not until Mexico herself, or one of the great foreign powers, shall recognise the independence of the new power, at least until the lapse of time or the course of events shall have proved, beyond cavil or dispute, the ability of the people of that country to maintain their separate sovereignty, and to maintain the government constituted by them."

The afflictions of Texas in the year 1836 were consummated by the death of Stephen Austin, who, on the elevation of General Houston to the Presidency, had been called to the office of Secretary of State. He died at Columbia, on the Brazos, on the 25th of December, in the forty-fifth year of his age, and was borne to his narrow home, in the land of his solicitude and love, amidst the heartfelt regrets of a grateful people, for whose interests he had ungrudgingly sacrificed time, endeavour, tranquillity, and health.* **

Stephen Austin's character was of the true heroic mould. Unlike those mighty mischief-makers, whose progress resembles the devastating course of

* His relative, Mrs. Holley, in her work on Texas, published in 1836, says " General Austin is still a young man, not yet forty-five years of age, but, through the hardships of his life, looks much older than he really is."

the pestilence and the tornado, and on whom vulgar minds confer a spurious renown, his genius led him to construct, not to destroy. In his youth he had received a respectable academical education, commenced at Colchester in Connecticut, and concluded in Transylvania University at Lexington, in Kentucky. But the world, with its practical experience, was his real instructor. From early familiarity with business and intercourse with men, he gained that diversified knowledge which enabled him to perform the part allotted to him by Providence—a part without a parallel in modern times.

In June, 1821, Moses Austin bequeathed to his son his plan of Texan Colonization. Stephen, then in his thirtieth year, complied at once with his father's last injunction. We have seen the perils he braved, the obstacles he surmounted-his struggles with the marauders of the wilderness-his sufferings in a Mexican prison-his duties and entanglements, civil, military, political, and financial. In every epoch of his career, the spirit of order, equity, fortitude, and perseverance is apparent. Even those who proscribed his patriotism paid homage to his personal worth. General Cos, when he first entered Texas and found Austin at the head of the insurgent force, addressed him individually in terms of high respect; and Colonel Almonte has eulogized the "admirable constancy" with which he followed up his enterprise in Texas.* For fifteen years did he pursue

* "Habiendo muerte el padre de Don Estevan F. Austin, este siguió en la empresa, con una constancia admirable, y tiene hoy la satisfaccion de ver realizadas sus esperanzas, contando ya mas de 6,000 almas en su colonia."-Noticia Estadistica sobre Tejas, p. 21.

his object with unswerving rectitude and untiring zeal, and he lived long enough to lay the foundation of a flourishing state, amidst the bloodshed and distraction of civil strife.

"The claims of Stephen Austin upon the affections of the people of Texas," writes Mirabeau Lamar, "were of the strongest kind. He was not only the founder of our Republic, but scarcely a blessing has flowed to our country which might not be fairly attributed to his unwearied exertions for its welfare; whilst almost every calamity which has befallen it might have been averted by an adherence to his wise and prudent counsels. The world has afforded but few examples of superior intelligence and sagacity; and as for disinterested and extended philanthropy-his long suffering for the weal of others-his patient endurance under persecution-his benevolent forgiveness of injuries-and his final sacrifice of health, happiness, and life in the service of his country-all conspire to place him, without a modern rival, among the first of patriots and the best of men."

Another leader of the revolution had gone before Austin. Lorenzo de Zavala died in November, and the Senate testified its respect for his memory by adjourning for a day.

After a Session of little more than two months, the Congress of Texas adjourned in December, having adopted a variety of measures calculated to promote the public good.

CHAPTER II.

Relations of Mexico and the United States-Peremptory Instructions to the American Minister-Withdrawal of GorostizaConferences between President Jackson and Santa AnnaArrival of Santa Anna at Vera Cruz-Message of the Governor of South Carolina-General Hamilton's Report to the Senate― Acknowledgment of Texan Independence by the United States -Application of Texas to be annexed to the Federal UnionDiplomatic Correspondence-Renewal of diplomatic Relations between the United States and Mexico-Message of President Houston-Opposition of the Northern and Middle States to Texan Annexation-Mr. Preston's Resolution-Withdrawal of the Proposition to annex Texas to the Union.

On the 20th of July, 1836, eleven days after the official communication to the government of the United States, of the decree suspending the Presidential authority of Santa Anna the American minister to Mexico, Mr. Ellis, had been directed by President Jackson to present fourteen specific, and sundry indefinite, claims for indemnity to the Mexican Government, running as far back as 1817.

"If, contrary to the President's hope," said the instructions to Mr. Ellis, "no satisfactory answer shall be given to this just and reasonable demand, within three weeks, you will inform the Mexican Government that, unless redress is afforded without unnecessary delay, your further residence in Mexico will be useless. If this state of things continues longer, you will give formal notice to the Mexican Government that, unless a satisfactory answer shall be given within a fortnight, you are instructed to ask for your passports; and, at the end of that time, if you do not receive such answer, it is the President's direction that you demand your

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passports and return to the United States, bringing with you the archives of the legation."

On the 26th of September, the list of claims was presented to the Mexican Government; on the 3rd of October, the Mexican Secretary of State informed Mr. Ellis that time was required to examine various documents touching the cases, some of which were of old dates; adding, that the result would be communicated with all possible despatch. On the 20th of the same month, Mr. Ellis intimated that, unless redress were afforded without unnecessary delay, his longer residence in Mexico would be useless. On the 4th of November, he gave the final notice of a fortnight; and, on the 10th, advised Mr. Forsyth of the state of the negotiation. On the 15th of November, the Mexican acting Secretary of State (Monasterio) replied defensively to the cases as prepared. To this reply Mr. Ellis framed a rejoinder; and concluded, in obedience to his instructions, by demanding his passports. On the 7th of December, the diplomatic relations of the United States in Mexico were brought to an abrupt close.

Gorostiza, the Mexican Minister at Washington, had continued to reiterate complaints of breach of neutrality with regard to Texas, until, without awaiting the order of his government, he demanded his passports on his own responsibility, on the 15th of October, 1836. In the annual Message to Congress, on the 6th of December, 1836, President Jackson thus alludes to the relations between Mexico and the United States :

"The known desire of the Texans to become a part of our system, although its gratification depends upon the re

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