good of Mexico, even at the risk of incurring hostile criticism or of doing what might be technically termed interfering. Far from being the only, or the last, public criticism of his conduct the Vera Cruz manifesto was destined to be followed by many, and more violent, attacks.16

16 See below, chapter X.

CHAPTER VII

OBSTACLES IN THE WAY OF CONCLUDIng a CommeRCIAL TREATY

The instructions which were to guide Poinsett in negotiating a treaty of amity, commerce, and navigation with Mexico were contained in his general instructions given by Clay on March 26, 1825.1 It will be recalled that he was instructed to say that the United States had not claimed and would not claim any special favors or concessions in return for the service rendered Mexico and other Spanish-American states by recognizing them before other powers were willing to take such a step and by warning other powers against aiding Spain to regain her lost colonies. But the United States government did expect that those states, and especially Mexico, would not extend to any European states "any favors or privileges which shall not be equally extended to us." As a model which Poinsett should follow in a general way, he was given a copy of a treaty which had been. concluded in the preceding October with the republic of Colombia. A copy of the instructions which had

1 See above, chapter II, on Tardy Appointment and Cool Reception of the First United States Minister to Mexico. 2 For the treaty with Colombia, see American State Papers, Foreign, V, 697.

guided Anderson in negotiating that treaty were included as a part of Poinsett's instructions.3

About six weeks after his reception in Mexico, Poinsett had his first conference with Alaman, then secretary for foreign relations, on the proposed treaty negotiations. At that meeting it was agreed to separate the two most important matters, commerce and boundaries, and conclude a special treaty for each. A difference of opinion concerning the method of procedure in locating the boundary line made it impossible to reach a speedy conclusion in that matter. Poinsett expressed a wish that the commercial treaty might be concluded early enough to enable the Mexican Congress to approve it in time to send it to Washington before the opening of the next session of the Congress there. Alaman said that was one of the objects in calling the special session of the Mexican Congress which was to convene the following month.

On August 10, 1825, Alaman informed Poinsett that the Mexican negotiators were ready to proceed at once with the negotiations for the commercial treaty. President Victoria had appointed Esteva, secretary of the treasury, to act with Alaman in the negotia

3 Clay to Poinsett, Instructions, March 26, 1825, MS., Department of State, Instructions, X, 225; American State Papers, Foreign, V, 908, or VI, 578.

4 See below, chapter IX, on Texas and the Boundary Issue. 5 Poinsett to Clay, July 18, 1825, MS., Department of State, Despatches from Mexico, I; House Executive Documents, 25 congress, I session, number 42, page 19; British and Foreign State Papers, XXVI, 831.

6

tion. On August 22, the negotiators had their first conference, at which their respective full-powers were exchanged, and an agreement was reached that Poinsett should draw up a projet of a treaty and present it at the next conference as a basis for discussion."

The second conference was held on September 13, about three weeks after the first. In the meantime Poinsett had drawn the projet as agreed. The fourth article contained a provision to which the Mexican negotiators immediately objected. Its purpose was to define the privileges which United States merchants, vessels, and goods should enjoy in the ports of Mexico, and, reciprocally, the privileges which Mexican merchants, vessels, and goods should enjoy in the ports of the United States. In drawing this article, Poinsett had followed the instructions which he had received from the State Department before leaving Washington.

In those instructions Clay had called attention to the fact that the Colombian treaty which he was enclosing as a model for Poinsett to follow in most regards contained a provision securing the "most favored nation" treatment for the merchants of each in the ports of the other. This, he said, was the old

6 Alaman to Poinsett, August 10, 1825, MS., Department of State, Duplicate Despatches from Poinsett.

7 Protocol of First Conference, August 22, 1825, Mexico, Tratados y Convenciones, II, 61 and 90; American State Papers, Foreign, VI, 583. For Poinsett's projet, see the last, 601.

8 The provision of the Colombian treaty was as follows: Article 3, "The citizens of the United States may frequent all the coasts and countries of the republic of Colombia, and

rule but its application frequently involved nations in difficulties and misunderstandings. It was often very difficult for one government to learn just what favors or privileges had been granted by the government of another nation to the merchandise of a third nation. Poinsett was instructed to endeavor to establish "the more liberal footing of reciprocity between the resident citizen and the foreigner. . . . By placing the admission into the ports of Mexico of a vessel of the United States and her cargo, being of their produce or manufacture, upon the same footing with the admission into those ports of a like cargo imported in a vessel owned by a resident citizen of Mexico, and vice versa, the simplicity which it is desirable the rule should possess will be secured." Just before stating the new rule Clay said: "It is better to avoid sowing the seeds of all collisions and misunderstandings; and that desirable object the President thinks will be best accomplished by adopting a plain and familiar rule for the two parties themselves, instead of referring each of them to that complicated rule which may hapreside and trade there in all sorts of produce, manufactures, and merchandise, and shall pay no other or greater duties, charges, or fees whatsoever, than the most favored nation is or shall be obliged to pay; and they shall enjoy all the rights, privileges, and exemptions in navigation and commerce which the most favored nation does or shall enjoy, submitting themselves, nevertheless, to the laws, decrees, and usages there established, and to which are submitted the subjects and citizens of the most favored nations.

"In like manner the citizens of the republic of Colombia," etc., as above, the names only being changed. American State Papers, Foreign, V, 697.