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Published online by Cambridge University Press: 11 December 2015
The subject of a commerical treaty quickly emerged after the United States recognition of the independence of Mexico in 1822. To negotiate this treaty Joel Roberts Poinsett was appointed Envoy Extraordinary and Minister Plenipotentiary to Mexico. Since Mexico had modeled its constitution after that of the United States, Henry Clay, Secretary of State, instructed Poinsett to make himself available to explain the practical operation and advantages of our system to Mexico. Inherent in our constitution and system was freedom of religion, establishment of which in our relations with Mexico constituted an objective of Poinsett's mission. Clay incorporated into Poinsett's instructions those which his predecessor, John Quincy Adams, on May 27, 1823, addressed to Richard Clough Anderson, Jr., Minister Plenipotentiary to Colombia. Adams had emphasized the importance of inserting the principle of religious liberty in the commercial treaty with Colombia. Liberty of conscience and of religious freedom were among the usual objects of a commercial treaty. He expostulated that “civil, political, commercial, and religious liberty, are but various modifications of one great principle founded in the inalienable rights of human nature, and before the universal application of which the colonial domination of Europe over the American hemisphere, has fallen, and is crumbling into dust.”
I wish to express my appreciation to the East Carolina University Research Council for generously supporting this study.
1 Henry Clay to Joel Roberts Poinsett, March 26 and 27, 1825, MSS., National Archives, General Records of the Department of State, Diplomatic Instructions, All Countries, Record Group 59, X, 226-230, 236, and 239. Hereinafter cited as Instructions, All Countries.
2 John Quincy Adams to Richard Clough Anderson, Jr., May 27, 1823, MS., Instructions, All Countries, IX, 295.
3 Ibid., p. 296.
4 Clay to Poinsett, March 26, 1825, MS., Instructions, All Countries, X, 226-228.
5 Clay to Poinsett, February 28, 1827, MS., Instructions, All Countries, XI, 256.
6 Clay to Anderson and John Sargeant, May 8, 1826, MS., Instructions, All Countries, XI, 62.
7 Ibid., p. 63.
8 Poinsett to Clay, May 28 and July 18, 1825, MSS., National Archives, General Records of the Department of State, Diplomatic Despatches from United States Ministers to Mexico, Record Group 59, I. Hereinafter cited as Despatches from Mexico.
9 “Protocol of the First Conference,” August 22, 1825, and “Protocol of the Second Conference,” September 13, 1825, MSS., National Archives, General Records of the United States Government, Unperfected Treaty Series F-2, Record Group 11 (hereinafter cited as Unperfected Treaty Series); American State Papers, Foreign Relations (6 vols., Washington, 1832-1859), VI, 583-585 (hereinafter cited as ASP, FR); and Tratados y Convenciones celebrados y no ratificados por la Republica Mexicana, Segunda Parte, Derecho Internacional Mexicano (3 vols., Mexico, 1878–1879), 61, 62, 66, 90-91, and 95 (hereinafter cited as Tratados, II).
10 “Projet of a Treaty between the United States of America and the United Mexican States,” MS., Unperfected Treaty Series E-2; and ASP, FR, VI, 603. For Poinsett's comments on his project see Poinsett to Clay, September 13, 1825, MS., Despatches from Mexico, I.
11 “Treaty of Amity and Commerce between the United States and the King of Prussia,” July 11, 1799, ASP, FR, II, 246; and Miller, Hunter, ed., Treaties and Other International Acts of the United States of America (8 vols., Washington, 1931–1948), II, 441.Google Scholar Hereinafter cited as Miller, Treaties.
12 Anderson to Adams, October 3 and 4, 1824, and “Protocols of the Conferences,” August 27-October 2, 1824, MSS., Despatches from Colombia, III; ” General Convention of Peace, Amity, Navigation, and Commerce between the United States of America and the Republic of Colombia,” October 3, 1824, MS., National Archives, General Records of the United States Government, Perfected Treaty Series 52, Record Group 11 (hereinafter cited as Perfected Treaty Series); ASP, FR, V, 698–699; and Uribe, Antonio José, ed., Anales Diplomáticos y Consulares de Colombia (6 vols., Bogota, 1920), VI, 31.Google Scholar
13 “Protocol of the Fourth Conference,” September 27, 1825, MS., Unperfected Treaty Series E-2; ASP, FR, VI, 588; and Tratados, II, 71 and 102.
14 Ibid.
15 Poinsett to Clay, September 28, 1825, MS., Despatches from Mexico, I; ” Protocol of the Fifth Conference,” September 28, 1825, MS., Unperfected Treaty Series E-2; ASP, FR, VI, 585-589; and Tratados, II, 71–74 and 102-105; “Protocol of the Sixth Conference,” May 6, 1826, MS., Unperfected Treaty Series E-2; ASP, FR, VI, 592; and Tratados, II, 74 and 109. For Clay's comments on this issue see Clay to Poinsett, November 9 and December 9, 1825, MSS., Instructions, All Countries, X, 407-410 and 420-421.
16 “Protocol of the Ninth Conference,” June 12, 1826, MS., Unperfected Treaty Series E-2; ASP, FR, VI, 593-594; and Tratados, II, 79 and 114; “Protocol of the Tenth Conference,” June 13, 1826, MS., Unperfected Treaty Series E-2; ASP, FR, VI, 594; and Tratados, II, 80 and 115; and “Protocol of the Fourteenth Conference,” July 10, 1826, MS., Unperfected Treaty Series E-2; ASP, FP, VI, 601; and Tratados, II, 90 and 136.
17 Poinsett to Clay, May 5, October 10, September 28, November 25, 1825, February 1 and 18, 1826, MSS., Despatches from Mexico, I; and Poinsett to Martin Van Buren, July 22, 1829, MS., Despatches from Mexico, IV.
18 George Canning to James Morier and Henry G. Ward, January 3, 1825, cited in Webster, Charles, ed., Britain and the Independence of Latin America, 1812-1830, Select Documents from the Foreign Office Archives (2 vols., London, 1938), I, 463–464.Google Scholar Hereinafter cited as Webster, Documents.
19 Ibid., 464.
20 Morier and Ward to Canning, April 10, 1825, and Canning to Morier and Ward, October 14, 1825, cited in Webster, Documents, I, 468-470 and 495; and Tratados, II, 312 and 319.
21 Poinsett to Clay, January 4, 1826, MS., Despatches from Mexico, I.
22 Canning to Morier and Ward, October 14, 1825, cited in Webster, Documents, I, 496.
23 Ibid.
24 Poinsett to Clay, January 4, 1826, MS., Despatches from Mexico, I.
25 Ibid.
26 Morier and Ward to Canning, January 15, 1826, cited in Webster, Documents, I, 502.
27 Ibid., p. 503.
28 ” Treaty of Amity, Commerce, and Navigation between Great Britain and Mexico,” December 26, 1826, in Hertslet, Lewis, Hertslet, Edward Sir, and Others, eds., A Complete Collection of the Treaties, Conventions, and Reciprocal Regulations at Present Subsisting between Great Britain and Foreign Powers (19 vols., London, 1827–1895), III, 253 Google Scholar (hereinafter cited as Hertslet, Treaties); Tratados y Convenciones concluidos y ratificados por la República Mexicana desde su independencia hasta el año actual, Primera Parte, Derecho Internacional Mexicano, 432 and 442 (hereinafter cited as Tratados, I); and enclosure with Poinsett to Clay, December 12, 1827, MS., Despatches from Mexico, III.
29 “Treaty of Amity, Navigation, and Commerce between the United States of America and the United Mexican States,” July 10, 1826, MS., Unperfected Treaty Series E-2; and ASP, FR, VI, 609-610. See also, Tratados, II, 90-130 and 131-144.
30 Unperfected Treaty Series E-2; and ASP, FR, VI, 603.
31 Poinsett to Clay, July 12, 1826, MS., Despatches from Mexico, II
32 Ibid. Manning, William R. did not include the religious issue in his discussion of “Obstacles in the Way of Concluding a Commercial Treaty” in Early Diplomatic Relations between the United States and Mexico (Baltimore, 1916), pp. 205–251.Google Scholar Manning reproduced selected items from the United States diplomatic correspondence in Diplomatic Correspondence of the United States concerning the Independence of Latin-American Nations (3 vols., New York, 1925), III, 1591-1708.
33 Unperfected Treaty Series E-2; and ASP, FR, VI, 612.
34 “Protocol of the Third Conference,” September 19, 1825, MS., Unperfected Treaty Series E-2; ASP, FR, VI, 587; Tratados, II, 68 and 99; and “Protocol of the Twelfth Conference,” June 16, 1826, MS., Unperfected Treaty Series E-2; ASP, FR, VI, 596; and Tratados, II, 82 and 119.
35 Clay to Poinsett, March 12, 1827, MS., Instructions, All Countries, XI, 261-267; and Journal of the Executive Proceedings of the Senate of the United States of America (Washington 1828-), III, 568-569 and 570-571. Hereinafter cited as Executive Journal.
36 Poinsett to Clay, March 17 and April 10, 1827, with enclosure, “Translation of Report of the Committee of Foreign Relations of the Chamber of Deputies upon the Treaty between the United States and Mexico,” MSS., Despatches from Mexico, II. See also, Poinsett to Clay, February 9, 1828, Despatches from Mexico, III.
37 “Protocols of Conferences,” January 8-February 10, 1828, enclosed with Poinsett to Clay, March 8, 1828; Poinsett to Clay, February 9 and 22, 1828, MSS., Despatches from Mexico, III; Poinsett to Van Buren, July 22, 1829, MS., Despatches from Mexico, IV; and Van Buren to Anthony Bulter, October 16, 1829, MS., Instructions, American States, XIV, 149-168.
38 “Treaty of Amity, Commerce, and Navigation with the United Mexican States,” February 14, 1828, MS., Unperfected Treaty Series F-2; ASP, FR, VI, 954, 956-957, 959, and 961; Hertslet, Treaties, III, 253; and Tratados, I, 432 and 442.
33 Executive Journal, III, 605–607.
40 Poinsett to Clay, April 26, 1828, MS., Despatches from Mexico, IV.
41 Poinsett to Clay, May 21, 1828, MS., Despatches from Mexico, IV.
42 Poinsett to Clay, October 22, 1828; “Translation of Extract from the Debate on the Report of the Committee of Foreign Relations, upon the Treaty entered into by the Government with the United States,” enclosed with Poinsett to Clay, November 15, 1828; and Poinsett to Van Buren July 15 and 22, 1829, MSS., Despatches from Mexico, IV.
43 Poinsett to Van Buren, December 26, 1829, MS., Despatches from Mexico, IV; and Butler to Van Buren, December 31, 1829, MS., Despatches from Mexico, V; and Van Buren to Butler, October 16, 1829, and postscript, October 17, 1829, and April 1, 1830, MSS., Instructions, American States, XIV, 144, 146, and 176.
44 Van Buren to Butler, October 16, 1829, MS., Instructions, American States, XIV, 167–168.
45 Butler to Van Buren, May 19, 1830, MS., Despatches from Mexico, V.
46 Butler to Van Buren, August 26, 1830, MS., Despatches from Mexico, V.
47 Butler to Van Buren, November 2, 1830, MS., Despatches from Mexico, V.
48 Butler to Van Buren, February 19, 1831, and enclosure, Butler to Alamán, February 14, 1831, MSS., Despatches from Mexico, V.
49 Alamán to Butler, February 17, 1831, enclosed with Butler to Van Buren, February 19, 1831, MS., Despatches from Mexico, V.
50 Butler to Van Buren, April 8, 1831; Butler to Edward Livingston, August 20, October 25 with enclosure of “Report,” November 23, December 6, and December 24, 1831; and Butler to President Andrew Jackson, December 23, 1831, MSS., Despatches from Mexico, V.
51 Es Copia, Mexico, 5 Abril del 1831,” MS., Perfected Treaty Series 203; and Butler to Livingston, December 24, 1831, MS., Despatches from Mexico, V.
52 Livingston to Butler, February 27, 1832, MS., Instructions, American States, XIV, 252; and Executive Journal, IV, 213.
53 Perfected Treaty Series 203; Executive Journal, IV, 232 and 237; and Richardson, James D., ed., A Compilation of the Messages and Papers of the Presidents, 1189–1891 (10 vols., Washington, 1896–1899), II, 573.Google Scholar
54 “Treaty of Amity, Commerce, and Navigation between the United States of America and the United Mexican States,” April 5, 1831, MS., Perfected Treaty Series 203; Miller, Treaties, III, 608-609; and Tratados, I, 167.
55 “Casas” was pencilled in over “casos” in the document signed on April 5, 1831, but was inserted in the instruments employed in the exchange of ratifications, Perfected Treaty Series 203.
56 Perfected Treaty Series 203; Miller, Treaties, III, 608–609; and Tratados, I, 154–155.
57 Perfected Treaty Series 203.
58 United States Statutes at Large, VIII, 416–417; Miller, Treaties, III, 608–609; and Tratados, I, 167 and 154-155.
59 “Synopsis of Treaty with Mexico ” enclosed with Butler to Van Buren, December 18, 1830; and Butler to Van Buren, February 19, 1831, MSS., Despatches from Mexico, V; and Hertslet, Treaties, III, 253.
60 Perfected Treaty Series 39, 52, and 203; Unperfected Treaty Series E-2 and F-2; ASP, FR, II, 246; V, 698–699, and 777; VI, 609–610, 954, and 959; Miller, Treaties, II, 441; III, 169–170, 217–218, and 608–609; Tratados, II, 312 and 319; and Hertslet, Treaties, III, 253.
61 Butler to Van Buren, November 13, 1830, Butler to Alamán, February 14, 1831, and Alamán to Butler, February 17, 1831, enclosed with Butler to Van Buren, February 19, 1831, MSS., Despatches from Mexico, V.
62 Poinsett to Clay, July 12, 1826, MS., Despatches from Mexico, II; Poinsett to Van Buren, July 22, 1829, MS., Despatches from Mexico, IV; and Perfected Treaty Series 203.
63 “Es Copia, Mexico, 5 Abril del 1831,” and “Certificates of Exchange of Ratification,” April 5, 1832, MSS., Perfected Treaty Series 203.
64 Butler to Bernardo Gonzales, Secretary of State for Foreign Affairs, February 16, 1833, MS., National Archives, Records of the Foreign Service Posts of the Department of State, Diplomatic Post Records, Mexico, ” Notes to the Mexican Government, May, 1825-March, 1836, Record Group 84. Hereinafter cited as Notes to the Mexican Government, 1825–1836.
65 Ibid.
66 Butler to Carlos Garcia, Secretary of State for Foreign Affairs, October 17, 1833, MS., Notes to the Mexican Government, 1825–1836.
67 Perfected Treaty Series 203; Miller, , Treaties, 3, 608–609 Google Scholar; and Tratados, I, 154–155 and 167.
68 Padelford, Norman J., “Religious Liberty in International Law and Treaties,” International Review of Missions, 21 (July, 1932), 403.Google Scholar
69 “Treaty of Guadalupe Hidalgo,” February 2, 1848, Miller, , Treaties, 5, 219.Google Scholar.; and “The Gadsden Treaty,” December 30, 1853, Miller, , Treaties, 6, 298–299 Google Scholar. See also, Wilson, Robert R., United States Commercial Treaties and International Law (New Orleans, 1960), p. 246.Google Scholar
