The War with Mexico, Volume 1 (of 2)Smith, Justin Harvey
History
The War with Mexico, Volume 1 (of 2)
Smith, Justin Harvey
Mexican War, 1846-1848
One week after this decree went forth, another prohibited the
importation of certain specified articles at any point, and ordered the
forfeiture of such merchandise, already in the hands of dealers, if not
sold within the ensuing twelve months. The list of articles, printed
solidly in small type, filled nearly an octavo page, and apparently was
intended to include almost everything embraced in our trade with Mexico.
Peculiarly harsh seemed the forfeiture provision. Not only was it _ex
post facto_, but our traders by paying the duty had become entitled to
the privilege of selling their goods; and the American secretary of
state could do no less than protest against the law, as "a manifest
violation of the liberty of trade secured by the treaty." Yet something
still more serious followed it, for aliens were soon prohibited from
doing retail business at all. An attempt was made to defend this order
on the ground that Americans residing in the country were subject to its
laws, usages and statutes; but our government replied that a treaty must
be regarded as the supreme law, and that if one solemn agreement with
Mexico could thus be made a nullity, all the other privileges accorded
us could one by one be abrogated.[3.21]
These commercial grievances, however, were trifles compared with
another of the same halcyon period. In July, 1843, Tornel, the
minister of war, instructed the governors of California and three
other northern departments to expel all citizens of the United States
residing therein, and permit no more of them to enter. Extraordinary
precautions were taken to keep this measure secret, and Waddy Thompson,
our representative at Mexico, first learned of it on December 23. Four
times he inquired in vain whether such an order had been issued; but
when he demanded his passports, Bocanegra attempted to justify Tornel's
instructions, arguing that every government is authorized to protect
itself against seditious aliens. This was an evasion, for the order had
reference to all Americans, however law-abiding. The outcome was that
now, after the order had been in force almost six months and after it
had been executed in at least one department, directions were given
to make it include all foreigners, and apply only to the seditious.
Thompson, strongly disposed to please the Mexicans, accepted this as
satisfactory; but his country did not, for the governors had authority
still to decide what Americans were dangerous, and expel these without
a trial. Besides, even the modified order required them to prevent our
citizens from entering their jurisdictions, and thus plainly violated
the treaty.[3.22]
Public-domain text, read in full here on John Shaqi.
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