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from the late Pi-e?ident of the Lfnited States to the Seci-etary of the Ter-
riiory of Arkansas, said to be dated about the 10th of December, 1830.
The files of this Department have been carefully examined, but no letter
has been found from the late President to the Secretary of Arkansas.
Respectfully submitted.

JOHN FORSYTH.



L I s r .

Mr. CarJi'ton to Mr. Forsytli, Ormber 21, 1835.
Mr. Fi>is}th to Governor- » !iite, October 27, 1835.
Tlie same to Mr. Carlelon, October 27, 1835.
Mr. Price to Mr. Forsyth, N<ivember 9, 1835.



♦See document No. 256, 24il> Corigr. ss, 1st session.

Document N>). 105, 24. h Congress, 2d se.'^sion, and document No. 2, Kccompanyingf
the message of the Presidt nt at the opening' of the 2d session of the 24th Con-



gress.
Document No. 139, 24lh Congress, 2d session.



[ House Doc. No. 74. ] 387

The same to tlu' same, witli nu losures, November IS, 1835.

Mr. Blache to Mr. ^^)rs}•tIl. \v:;Ii an niclosnre, November iG, 1835.

Mr. J. Forsyth, jr. to Mr. KurK\tI,, Novcnibrr IB, 1835.

Mr. Carlotoii to Mr. Forsyih, with enilosiires, Jariiiar} 21, 183G.

The same to tlie same, with an eiitlosure, March 7, 1836.

Mr. Sanders to Mi-. Forsyth. April 22, 183G.

Mr. Gaines to Mr. Forsytli, May 22, 1836.

Mr. Fox to Mr. Forsyth, November- 2S, 1837.

Ml-. B'oi-syth to Mr-. Fox, Drccmbir 2, 1837.

Same to Governor Diinhip, December 5, 1837.

Ml'. Fox to Mr. Fur-sytli, with ench)sriiT, January 4, 1838.

Mr-. Forsyth to Mr. Fox, J:iniiai-y 5, 1838.

Same to Mr-. Kelh)gg, December 7, 1837.

Same to Governor Marcy. December 7, 1837.

Mr. Ti-owbri(Ige to Mr-. Fillmoi-e, Dccenrber 12, 1837.

Same to the President, December 14, 1837.

Governor Jenison to Mr-. Fm-sytli, December IG, 1837.

Mr. Wright to Mi-. Fors;>th, with ench)sui-es, December 16, 1837.

Mr. For-syt!) to Mi-. Wrigiit, December 18, 1837.

Mr. Benton to Mr-, Forsylh, with enclosure, December 18, 1837.

Mr. KeHogg to Mr. Forsyth, December 20, 1837.

Mr. Forsytli to Mr. KeMogg. December 20, 1837.

Mr. Fillmore to Mr-. Poinsett, with enclo!ur-e, December 21, 1837.

Mr. F<»rsyt!i to Mr. Bentorr, December 21, 1837.

Mr. Woodbury to Mr-. Foisyili. with enclosure, December 21, 1837.

Governor- Mason to Mr. For-s)t!i, December 21, 1837.

Mr. Barker to the Pr-esident. December 23, 1837.

Mr. Benton to Mr. Forsyth, with enclosures, December 26, 1837.

Mr. Forsyth to Governor Jenison, December27, 1837.

Same to Mr-. Kellogg, December- 29, 1837.

Mr. Woodbur-y to Mr-. Forsylh, with enclosures, Januai-y 5, 1838.

Mr. Forsyth to Mr. Benton' January 5, 1838.

Mr. Woodbury to Mr. Forsyt!), witii enclosure, January 6, 1838.



Mr. Car let on to Mr. Forsyth.

New Orleans, OdoberZl, 1835.

Sir : I have the honor herewith to forward to you several of the newspa-
pers of this city, from which the President will be fully apprized of the
nature of the excitement felt here at the present situation of Texas, and
the part which some of our- citizens seem disp;)scd to take in the struggle
about to arise between that Provi/ice arrd tlie parent State. There can be
no doubt that certairr persons intend to proceed thitlier, to act in coircert
with the Texans, should an occasioir present itself. Yet, when the matter
is more narrowly iirvestigated, it is difficult to apjdy to them the provis-
ions of the second or sixth sections of the act of the 20tli April, 1818; for
it does not appear that any regular enlisting or entering as soldiers has
taken place within the meaning of the statute, or that any definite or tan-
gible military expedition or enterprise has been set on foot or begun.

I have just had an interview upon this subject with the Mexican con-



388 [ House Doc. No. 74. ]

sill, to whom I cx|)rc.sse(l a willingness to prosecute, under that law, for
anv offence committed against his Government, whenevei- himself or any
one else would indicate the testimony upon which proceedings could be
properly base<l. Ue seemed to think his agency would be unavailing, and
said lie could do nothing more than cotninunicate the facts, as they
occurred, to tlie ofticers of his Government.

I have the honor to be, very respectfully, your obedient servant,

HENRY CARLETON.

Hon. John Foustth,

Secretary of State, Washington City.



Mr. Forsyth to Governor White.

Department of State,

Washington, October 27, 1835.

Sir : The contest which is apparently beginning in a territory adjoin-
ing the United States, between parties of the Mexican emj)ire, and recent
publications in the public journals of New Orleans, lead to an apprehension
that attempts may be made to violate the laws of the United States, passed
to preserve the relations of amity with foreign Powers, and to fulfil the
obligations of our treaties with them. By the directions of the President,
I have the honor to request the attention of your excellency to any move-
ments of that character that may be contemplated in Louisiana, and your
prompt interference, and that of the ofticers of the United States, to arrest
the parties concerned, if any preparations arc made of a hostile nature
against any foreign Power in amity with the United States.

I have the honor to be, sir, your obedient servant,

JOHN FORSYTH.

His Excellency Edward D. White,

Governor of the State of Louisiana.



Mr. Forsyth to Mr. Carleton.

Depaktment of State,

Washington, October Q7, 1835.
Sir : I am directed by the President to call your attention to the recent
publications in the extra New Orleans True Ameiican of the 13th instant.
In the too probable event of a contest between the different portions of the
Mexican empire, in the quarter a«ljuining the United States, some of our
citizens may, from their connexion with the settlers there, and from their
love of enterprise and desire of change, be induced to forget their duty to
their own Government and its obligations to foreign Powers. It is the
fixed determination of the Executive faithfully to discharge, so far as his
power extend^, all the obligations of the (Government, and that obligation
espc( iaily that recpiires that we shall abstain, under every temptation,
from intermeddling with the domestic disputes of oiher nations : you are
therefore earnestly enjoined to be attentive to all movements of a hostile



[ House Doc. No. 74. ] 389

cliaracter, contemplated or attempted, within your district ; and to prose-
cute without discrimiiiiitiuu all vlolatoi's ul' those laws of the United States,
which have been enacted to picserve peace witii loicign Powers, and to
fulfil the obligati(»ns of our treaties \siih them.

1 am, sir, jour obedient servant,

JUIliN FOUSYTH.
To Henry Cauleton, Esq.

.attorney of the U. S- for the East. Dist. of Louisiana.



Mr. Price to Mr. Forsyth.

United States District Attorney's Office,

JS'ew York, JS'ovember 9, 1835.

Sir : I have the honor to acknowledge the receipt of youi* letter of the
4th instant, calling my "attention to the probable event of a contest be-
tween certain portions of the Mexican empire, in those parts thereof
which adjoin the U'lited States."

I have this day communicated witli the collector of this |)ort upon the
subject, and especially requested him to report to me fortiiwith, for prose-
cution, any violation of the act of the 20th April, 1818, entitled '*An act
in addition to an act for the punishment of certain crimes against the Uni-
ted States, and to repeal the ac's therein mentioned." I will, in all re-
spects, bestow the utmost attention on '< all movements in this district
which may in anywise tend to sustain the obligatif)ns of the Government,
and more especially of that which requires that we should abstain, under
every temptation, from intermeddling with the domestic dissensions of
other nations."

I have the honor to be, sir, very respectfully, your obedient servant,

WILLIAM M. PRICE.

U. S. District Attorney.

To the Hon. John Forsyth,

Secretary of State, Washington.



Mr. Price to Air. Forsyth.

U. S. District Attorney's Office,

J\''ew Fork, J^ovember 13, 1835.

Sir : In pursuance of the instructions in your letter of the 4th instant,
I have the honor to report the proceedings 1 have taken in furtherance of
its object.

As the provisions of the 10th and llth sections of the act of April 20,
1818, peculiarly address themselves lo C(»llectors, on the 6th instant I
communicated a copy of your instructions to the collector of this port, ac-
companied with a letter, of wliich 1 enclose a coj)y. No. I. On the same
day I addressed a letter to the Mexican consul residing in this city, from
whom, on the following day, I received a reply, of which I furnish you
with a copy, and also with a copy of my letter to him, Nos. 2 and 3. One



390 [ House Doc. No. 74. ]

of the (loptity tno.i-slials attended at the meeting leferred to in the letter of
the corisiil ; and on reijoi-ting to nic substanti;ill}' its j)roceedings, the reso-
lutiotis did nnt designate the use to wliirli the money jjinposed to be con-
tributed was to be applied. I, nexertheless, co)isidered it to be my duty to
])resent the case to the attention of the grand jury, now sitting. A doubt
arising whetlier the provisions of the sixth section (for thei'o was clearly
no i'\ idence applirable to any otiier provisions of tlie act) had been violated,
the giand jury forinally prop lunded a (ju;stion to tlie court. Judges
Thompson and Betts concurred in a written opinion in reply : a copy of
Nviiich Iheiewith ti-ansniil, together with the copy of the ([uestion proposed
by the grand jury, No. 4.

The section referred to does certainly admit of the literal construction
given to it by flie court, and would be well amended by striking out the
words in the fourtli line, to wit : " to be cari-ied on from thence ;" and it
would be well also to make it penal to "combine, confederate, or agree,
directly or indirectly, to prouote, aid, or assist ?uch expedition or enter-
prise."

I have this day I'cceived from the Mexican consul i-esident here, a letter,
a copy of which I enclose, calling my attention to an advertisement in the
•* Times," giving the pioceedings of a meeting held last evening at Tam-
many Hall, with regard to the American teri'itory of Texas. I will forth-
with endeavor to obtain e\ idence of the establishment of the recruiting of-
fice referred to by the consul, such acts being unquestionably in violation
of the statute leferred to. No 5.

I have the honor to be, very lespectfuUy, sir, your most obedient servant,

WILLIAM M. PRICE,

U. S. District Mlorney.

To the Hon. John Forsyth,

Secretary of State, ff'ashington.



No. 1.
Afr. Price to Mr. Swart wont.

United States Distkict Attouxky's Office,

J\"ew Fork, JS''oveinher 6, 1855.

Sir : 1 ha\c the honor to communicate to you a copy of a letter this day
received by me from the honorable the Secretary of Slate, dated the 4tlt
instant, and refer you for your goverwment in the piemises generally to
the provisions uf the act of the 20th of April, 1818, entitled <• An act in
addition to aj» act for the punishment (»f certain crimes against the United
Stales, and to n-jjeal the acts therein mentioned,'' and esi)ecially to the
10th and 1 1th sections of the act. Gth volume l^aws of the U. S.,page 320.
With very great I'espect. your most ohi-dient scrv;!nt,

WILLIAM y\. I'RICE,

U. S. District JIttorneij,
To Samufi. SwARTWorr, Ks(|.

Ci)llcclor of the port of A^w I'urk.



[ House Doc. No. 74. ] 391

No. 2.
Mr. Price to Mr. Gunzdlez

United States Distuict Attokney's Office,

J<'nv York, JS''uvember 6, 1835.

Sir: I have the honor to advise you that I have (his day received in-
structions from the honorable the Secretary of State of the United States,
zealously to exert myself, as the prosecutitig ollicei' of the Govennneut, to
prevent all persons in this district from directly or indirectly taking part
in a contest nhich may possibly occur between the diffeietit poitioiis of the
Mexican empire adjacent to the Utiiled States, and to prosecute indis-
criminately all violations of the laws of the United States which have
been etracted for the preseivatioti of tiie public ptacc and the fulfilment of
the obligations of treaties with foreign nations.

Permit me, sir, to refer you to an act of Congress of the United States
passed on the 20th of April, 1818, entitled <• An act in addition to an act
for the punishment of certain crimes against (he United States, and to re-
peal the acts therein mentioned," 6th volume United States Laws, page
320 ; and to ie(iuest you to advise me of any violation of its provisions
within this district which may come to your knowledge, that I may pursue
such legal measures as occasion may require to bring the offenders to
justice.

I am, sir, with great respect, your most obedient servant,

WILLIAM M. PRICE,

U. S. District attorney.

To Seiior P. Gonzalez,

Consul of Mexico to the United States-



No. 3.
Mr. Gonzalez to Mr. Price.

New York, J^'oxember 10, 1835.

Sir: I have tlie honor to acknowledge the receipt of your official
letter of yesterday, by which you inform me that instructions have been
directed to you from the honorable the Secretary of Stale of the United
States to zealously exert yourself, as the prosecuting officer of the Govern-
ment, to prevent all persons in this district from directly or indirectly ta-
king part «' in a contest that may possibly occur between the diHerent por-
tions of the Mexican emi)ire aiijacent to the United States, and to prose-
cute indiscriininalely all violations of the laws of the United States which
have been enacted for the pi-e-ervation of tlie public peace and the fulfil-
ment of the obligations of treaties with foreign nations."

You furtiier refer me to the act of Congress of the United State'^ passed
on the 20th of Apiil, 1818, entitled "An act in addition to an act for the
punishment of certain crimes against the United States, and lo repeal the
acts therein mcntionedv" ivrpiesting that I advise you of any violation of
its provisions within this district which may come to my knowledge.

Allow me, therefore, sir, to call your attention to a i esulution adopted



392 [ House Doc. No. 74. ]

oil Satiir<la_v, tlic 7(li instant, in a public niccting li«'l(l at the Sliakf^jioare
lioti'i. »' ill Chvoi' of aiding the canse cC Ti-xiis, oi- the 'rexoiiians, in tlicir
struggle Ittr iVt'edom." ll.is resolution, jmliiislied in most of the |)a|)ers of
this citv. is the aiipointineht of "a roinmittec of citizens to solicit and re-
ceive siibscri|itioiis for the benefit of the Texonians." Although the reso-
lution, in itself, (hn-s not j)ur|)oit any hostile or warlike measure, taking
into consideration the object of tiie meeting, theie can be no doubt but that
it is the first of further steps that are to be taken towards a dii-ect inter-
feience, on the jiait of tlie great number of citizens of these United States
with the political disturbances wliicii actually exist between a jioition of
the Mexican republic adjacent to the United States, as tiie territories of
Texas are. I suggest to you this observation in the discharge of my duty
as consular agent of the United Mexican States, and to comply with the
request contained in your note that you will pursue the measures which
the law has intrusted to you.

\\\{\i great respect, your obedient servant,

P. GONZALEZ,
Mexican Vice Consul for AVw York.
To WiixiAM M. Pkice, Ksq.

United States Jlttorney

for the southern district of New York.



No. 4.



The grand jurors of the United States for the southern district of New
York, in the second circuit, respectfully submit to the honorable circuit
court of the Uwited States the following inquiry, in relation to a matter
at present under their consideration :

Is it, or not, a Niolation of the 6th scctif)n of the act of Congress, pass-
ed on the 20th of Ajiril, 1818, cntithd ''An act in addition to an act for
the punishment of certain crimes against the United States, and to repeal
the acts therein mentioned," that meetings sliould be held in this district,
and committees ajipointed to provide means and make collections for the
purpose of enabling the inliahitants of Texas to engage in a civil \\arwith
the so\ereigiit> of Mexico, now at peace with the United States ?

GIDEON TUCKER.

To which jirojtosition the court rejilied as follows :

III answering the foregoing inquiry, the court will confine itself to the
facts stated, and the sec' ion ol the law referred to. The inquiry is, whether
meetings luhl in this district, (or State,) and committees ajipointed to jiro-
vide means and make collections for tlic purpose of enabling the inhahit-
unls (f I'f.vds to cu2;fige in a civil irar ^l•it/L the sovereignty of Mexico, is
a violation of the srrtion of tlie law rcfeiied to ?

'I'liat section of the act is as follows : « ^/k/ be it further enacted, That
if any person shall, within the territory or jurisdiction of the United
States, begin or set on foot, or provide oi- prepare the means for, any mili-
tary expeditioti or enteijirisc, to be carried on from tlicnce against the ter-
ritory or doiiiiiiions of any fnrcign piiinc oi- State, nv of any c<dony, dis-
trict, or |)ro]»|c with whom ihc United States are at jieace, e\ery jierson
so onViiiling shall be deemed guilty of a high misdemeanor, and shall be



[ House Doc. No. 74. ] 303

fined not exceeding tlirec thousand dollars, and imprisoned not more than
three years."

This section applies only to military cxpeditioiis and enteij)rise.s tn be
carried on from the United Slates against awy loreign I*o\\er with which
we arc at peace. No pei-son shall i)egin or set on loot, or provide or pie-
pare the means for, any military ex[)<M!iti(in or enttrprise, to he carried on
from thence ; that is. I'lom the United States, oi- the teri'itory within their
jnrisdiction. Donatimis in money, or any thing else, to the inli;thitants
of Texas, to enable thrm to •'iigage in a civil war with the sovereignty of
Mexico, is in no sen^e beginning, or setting on foot, or |)ro\i«liiig the
means for, a military expedition from the United States or thvir territory.
The answer, therefore, to the question put by the giand jury, is, that the
facts stated do not amount to any offence, under the 6th section of the act
referred to.



No. 5.
Mr. Gonzalez to Mr. Price.

Nfiyv York, JVovember 13, 1835.

SiK : 1 have the honor to enclose a number of the '*New York Times"
of this day, in which you will find reported the proceedings of a meeting
held last eyening at Tammany Hall, with regard to the American teiiito-
ries of Texas adjacent to the United States. By these proceedings, it is
plainly ascertained that there exists in this district an organized body of
American citizens, yvith the avowed purpose of aiding the j^eople of Texas
in their revolutionary moyements against the Government and laws of the
United Mexican States. It was resolved, as you will perceive in the re-
port, to appoint an executive committee to manage the collecticms that
may be made for the supjjort of theTexonians j and moneys have already
been raised to tliat end. It was, besides, announced in the said meeting,
that a recruiting-office is open in No. 62, Front street, to those who will
enlist themselves to take up arms on the side of the revolted Texonians.

In my communication of the 10th instant, in answer to your note of
the 6th, I mentionetl that the resolution adopted in the meeting held at the
Shakspeare hotel, on Saturday, the 7ili, in favor of Texas, ought to be
considered as the first of further steps that were to be taken towards a di-
rect interference on the part of a great number of American citizens in
the political aff'airs of Mexico. It is now certain, sir, that this interfe-
rence is undertaken by a body of citizens, in violation of the law of nations,
and of the laws of tiie United States enacted to enforce it.

I therefore denounce to you these proceedings, as well as the measures
that are to be their consequeiice, and which are, to set on foot, prepare,
and provide the means for a military exjiedition to b? carried on from
hence against the Mexican territory: and solemnly protest against them
as a violation of the law of nations and of the laws of the United States
enacted for the preservation of the j)ublic peace, and tlie fulfilment of the
obligations of treaties with a friendly Power, with which the United States
are at peace.

With great respect, your obedient servant,

P. GONZALEZ,
Mexican Vice Cousulfor J\''ew Fork.

Wlliam M. Prick, Esq.

U. S. District attorney for the Southern District of JSTexv York.



394 [ House Doc. No. 74. ]

Mr. Blache to Mr. Forsyth.

Dki'vutmeni of State,
JS'ew Orlea)is, jVorember 16, 1835.
SiK : Iain directed by the Goxeirior to acknowledge the icceipt of
your cominiiiiicafion of the !27tli ultimo, (ouciiiiig certain dcmonsti-ations
in New (M leans on the siibjcct of the Mexican aft'aii-.s.

No otlicial iiifoniiatioii of attenipta of the kind alluded to having been
given ai this ollice, and such ofTences being cognizable by the tribunals of
the United States, the authorities of the General Government couhl prob-
ably exert a more eilicient action in repressing them.

With the view, however, of co-operating in the maintenance of the laws,
the Govei'nor has issued a i)roclaniation, inserted in the '♦ Bee," of which
a nunibei- is herewith foiwarded to the Departinetit.

I have the honor to be, with great respect, youi- obedient servant,

MARTIN BLACHE,

Secretary of State.
The Hon. John Forsyth,

Secretary of State.



PROCLAMATION.

Bi/ Edivard D. IVhite, Governor of the State of Louisiana.

Whereas the United States are now at peace \\ith the neigliboring
States of Mexico, in which some hostile movements have occurred between
the existing Government there and a portion of their people, in which con-
test there has been in the State of Louisiana some manifestation of inter-
est, which miglit lead not only to an infraction of our laws, but to a breach
of national faith and honor ; the i itizeiis of the State, and others within
its jtii'isdiction, are reminded of the pittvisions of the 2d section of the act
of Congress of April SOth, 1818, which is in these words :

" If any persoji shall, within the territory or- jurisdiction of the United
States, enlist or enter himself, oi- hire or retain another person to enlist
or enter himself, or to go beyond the limits or jurisdiction of the United
States, with intent to be enlisted or entei-ed in the service of an} foreign
j)i'ince, state, (olony, district, or i)eople, as a soldier, or as a marine or
seam.m on boaid of any vessel of war, letter of maKpie, or privateer,
every person so onVnding shall be deemed guilty of a high misilemeanor,
and shall be fined not exceeding one thousand dollai's, and be imprisoticd
not exceeding tliree yeais." This act docs not " extend to any subject or
citizen of an} foreign piince, state, colony, district, or people, who sliall
transictiM} be within the United States, and shall, on board of any vessel
of Wi"-, letter of inan|ne or privateer, which, at the time of its arri\al
within tlie United States, was (itfed an<! e(jnij)|)ed as such, enlist {»r enter
hin.self, or- hire or retain another subject or citizen of the same foirign
prince, state, C(dony, district or people, who is transiently withiti the
I'niled Slates, to enlist uv enter himself to serve such foreign piince, slate
cohiny, district, or people, on board such vessel of war, letter of marque



[ House Doc. No. 74. ] 395

or privateer, if tlu- United Stiites shall tiicri be at peace witli sucli foreign
prince, state, colony, district, or people."

Now, tliei-efore, I, fc^dwaid D. White, (lovcirioi- of the Slate of Louisi-
ana, issue this n»y proclamation, calling upon all nr.tgistrates and other
officers «f justice, and upon all good citizens, to a sist in preventing the
violation of this law, and in bringing to punishment those who may ofTend
against it.

Given under my hand, and the seal of the State, at New Orleans, this
ISth day of November, 1835, and of the independence of ihe United
States the sixtieth.

E. D. >VIHTE.
By the Governor :

Martin Blague,

Secretary of State.



Mr. J. Forsyth, Jun. to Mr. Forsyth.

District Attorney's Office,

Mobile, Jlabnmn, J^ovevibcr 18, 1835.

Sir : I have the honor to acknowledge the receipt of your communica-
tion of the 4th instant, u|)on the subject of the interference of American
citizens, within this district, in the <» doiiestic dissensions" of Central
America. There is no (juestion in my mind but that the 6th section of the



Online LibraryUnited States. Dept. of StateMaine boundary--Mr. Greely, &c. .. → online text (page 51 of 56)