General Scott Part 16

1. Brigadier-General s.h.i.+elds's Brigade.

New York Volunteers.

South Carolina Volunteers.

2. Lieutenant-Colonel Watson's Brigade.

A detachment of Second Pennsylvania Volunteers.

A detachment of United States Marines.

_List of Officers of the Battalion of Marines under Command of Lieutenant-Colonel Watson._

Brevet Lieutenant-Colonel Samuel E. Watson, Major Levi Twiggs, Major William Dulany.

_Staff._--First Lieutenant and Adjutant D.D. Baker, First Lieutenant and Acting Quartermaster John S. Devlin.

_Captains._--John G. Reynolds, George H. Terrett, and William Lang.

_First Lieutenants._--Jabez C. Rich, Robert C. Caldwell, William L.

Young, Thomas A. Brady, John D. Simms, and Daniel J. Sutherland.

_Second Lieutenants._--George Adams, E. McD. Reynolds, Thomas Y.

Field, Charles G. McCawley, Freeman Norvell, Charles A. Henderson, John S. Nicholson, Augustus S. Nicholson, and Henry Welsh.

CHAPTER XII.

Scott's care for the welfare of his army--Account of the money levied on Mexico--Last note to the Secretary of War while commander in chief in Mexico--Army asylums--Treaty of peace--Scott turns over the army to General William O. Butler--Scott and Worth--Court of inquiry on Worth--The "Leonidas" and "Tampico" letters--Revised paragraph 650--Army regulations--General Worth demands a court of inquiry and prefers charges against Scott--Correspondence--General belief as to Scott's removal command--The trial--Return home of General Scott.

As an army commander General Scott had frequent occasion to use money for which vouchers or even ordinary receipts could not be taken and the nature of the service could not be specified; he styled them "secret disburs.e.m.e.nts." In a letter to the War Department of February 6, 1848, he stated that he "had made no report of such disburs.e.m.e.nts since leaving Jalapa, (1) because of the uncertainty of our communications with Vera Cruz, and (2) the necessity of certain explanations which, on account of others, ought not to be reduced to writing," and added, "I have never tempted the honor or patriotism of any man, but have held it as lawful in morals as in war to purchase valuable information or services voluntarily tendered me."

He charged himself with the money he received in Was.h.i.+ngton for "secret disburs.e.m.e.nts," the one hundred and fifty thousand dollars levied upon the City of Mexico for the immediate benefit of the army, and of the captured tobacco taken from the Mexican Government, with other small sums, all of which were accounted for. He then charged himself with sixty-three thousand seven hundred and forty-five dollars and fifty-seven cents expended in the purchase of blankets and shoes distributed gratuitously to enlisted men, for ten thousand dollars extra supplies for the hospitals, ten dollars each to every crippled man discharged or furloughed, some sixty thousand dollars for secret services, including the native spy company of Dominguez, whose pay commenced in July, and which he did not wish to bring into account with the Treasury. There remained a balance of one hundred thousand dollars, a draft for which he inclosed, saying: "I hope you will allow the draft to go to the credit of the army asylum, and make the subject known in the way you may deem best to the military committees of Congress. The sum is, in small part, the price of American blood so gallantly shed in this vicinity; and considering that the army receives no prize money, I repeat the hope that its proposed destination may be approved and carried into effect.... The remainder of the money in my hands, as well as that expended, I shall be ready to account for at the proper time and in the proper manner, merely offering this imperfect report to explain, in the meantime, the character of the one hundred thousand dollars draft."

On February 9, 1848, General Scott addressed what seems to have been his last note to the War Department as commander in chief of the army of Mexico. It is brief. He adverted to the fact of his not receiving any communication from the War Department or adjutant general's office, and says: "But slips from newspapers and letters from Was.h.i.+ngton have come to interested parties here, representing, I learn, that the President has determined to place me before a court for daring to enforce necessary discipline in this army against certain of its high officers. I make only a pa.s.sing comment upon these unofficial announcements, learning with pleasure, through the same sources, that I am to be superseded by Major-General William O.

Butler." The admirable recommendation in regard to the draft was adopted and carried out, and the money applied to the purchase of asylums for soldiers.

There was not any general engagement of the armies after the capture of the City of Mexico. General Lane, always vigilant, kept his force in constant motion, pursuing, engaging, when possible, and dispersing the numerous predatory bands that infested his flanks and rear.

The first efforts to agree upon a treaty of peace failed. Active operations were resumed, and so weakened Mexico that she was left no alternative but to make "peace such as her powerful and successful enemy might dictate." By the Const.i.tution of Mexico the office of President in case of a vacancy devolved upon the president of the Supreme Court provisionally; but there was no president of the Supreme Court in September, 1847, the last inc.u.mbent having died, and no successor having been elected when Santa Anna resigned. Congress, whose duty it was to elect this officer, could only be convened by proclamation of the President, but, as is seen, there was no President. In this unfortunate state of affairs, the most influential of the _Moderado_ party, with the hope of preventing anarchy, then greatly threatened, if it had not already raised its head, and conclude terms of peace, prevailed upon Pena y Pena, an able and enlightened jurist, statesman, and patriot, and senior judge of the Supreme Court, to a.s.sume the provisional presidency. He was recognized by the State authorities, and pledges were given that they would uphold and defend it against all intriguers opposed to peace, through the non-existence of a government competent to make it. It was known that Pena was not averse to peace.

Mr. Nicholas P. Trist, the commissioner on the part of the United States, upon the formation of the new Government, made propositions for a conference of representatives. Owing to the fact that the Mexican Congress had to be called together to elect a President _ad interim_ to serve until January 8, 1848, the overtures of Mr. Trist could not be entertained. By a combination between the Puro party and the adherents of Santa Anna and other factions, the _Moderado_ party came very near being defeated, but the latter were successful and elected General Don Pedro Maria Anaya _ad interim_ President; and Pena y Pena and General Mora y Villamil, both in favor of peace, were made respectively Minister of Foreign Relations and Minister of War.

Negotiations were now again formally undertaken. The Mexican Government was represented by Senores Conto, Atristain, and Cuevas.

The commissioners of the respective countries met at Guadalupe Hidalgo, three miles from the City of Mexico. After many meetings, long conferences, and discussions, a treaty of peace, friends.h.i.+ps, and limits between Mexico and the United States was concluded and signed February 2, 1848.

A synopsis of the treaty is given. Some of the articles are given in full, as the fifth, which secured to the United States the great State of California with its incalculable wealth in mineral and agriculture resources, and the territory of New Mexico, also rich in all that Nature can yield.

_Treaty of Guadalupe Hidalgo, concluded February 2, 1848.

Ratifications exchanged at Queretaro, May 30, 1848. Proclaimed July 4, 1848_.

The United States was represented by Nicholas P. Trist, and the Republic of Mexico was represented by Don Louis Gonzaga Cuevas, Don Bernardo Conto, and Don Miguel Atristain.

"ARTICLE I. There shall be firm and universal peace between the United States of America and the Mexican Republic, and between respective countries, territories, cities, towns, and people, without exception of places or persons.

"ART. II provides that, immediately upon the signature to this treaty, commissioners shall be appointed by the commander in chief of the American forces and the Mexican Government for the provisional suspension of hostilities and the re-establishment of the political, administrative, and judicial branches so far as this shall be permitted by the circ.u.mstances of the case.

"ART. III. Immediately upon the ratification of this treaty by the United States orders shall be issued to the commanders of the land and naval forces, requiring the latter (provided this treaty has been ratified by Mexico and ratifications exchanged) to immediately desist from blockading any Mexican ports, and requiring the former (under the same conditions) to withdraw all troops of the United States then in the interior of the Mexican Republic to a distance from the seaport not exceeding thirty leagues--this to be done with the least possible delay; and to deliver up all customhouses at all ports occupied by the forces of the United States to persons authorized by the Mexican Government to receive it, with all bonds and evidences of debt for duties on importations and exportations. An exact account to be rendered of all duties on imports and exports, after the ratification of this treaty by Mexico, deducting only the cost of collection. The City of Mexico to be evacuated within one month after the orders there stipulated shall be received by the commander of said troops.

"ART. IV. Immediately after the ratifications of the present treaty all castles, forts, territories, places, and possessions shall be definitely restored to Mexico; the final evacuation of the territory of Mexico shall be completed within three months, or sooner if possible, the Mexican Government engaging to use all means in its power to facilitate the same. All prisoners of war taken on sea or land to be restored, and all Mexicans held by savage tribes within the United States to be exacted from such tribes and restored to their country.

"ART. V is given in full:

"The boundary line between the two republics shall commence in the Gulf of Mexico, three leagues from land, opposite the mouth of the Rio Grande, otherwise called Rio Bravo del Norte, or opposite the mouth of its deepest branch, if it should have more than one branch emptying directly into the sea; from thence up the middle of that river, following the deepest channel, where it has more than one, to the point where it strikes the southern boundary of New Mexico; thence westwardly along the southern boundary of New Mexico (which runs north of the town called Paso) to its western termination; thence northward along the western line of New Mexico until it intersects the first branch of the Rio Gila (or if it should not intersect any branch of that river, then to a point on said line nearest to said branch, and thence in a direct line to the same); thence down the middle of the said branch of said river until it empties into the Rio Colorado; thence across the Rio Colorado, following the division line between Upper and Lower California to the Pacific Ocean. The southern and western limits of New Mexico mentioned in this article are those laid down in the map ent.i.tled '_Map of the United Mexican States, as organized and defined by various acts of Congress of said republic, and constructed according to the best authorities. Revised edition. Published in New York, in 1847, by J. Disturnell_'; of which map a copy is added to this treaty, bearing the signatures and seals of the undersigned plenipotentiaries. And in order to preclude all difficulty in tracing upon the ground limit separating Upper from Lower California, it is agreed that the said limit shall consist of a straight line drawn from the middle of the Rio Gila, where it unites with the Colorado, to a point on the coast of the Pacific Ocean distant one marine league due south of the southernmost point of the port of San Diego, according to the plan of said port made in 1782 by Don Juan Pantoja, second sailing master of the Spanish fleet, and published at Madrid in the year 1802, in the atlas to the voyage of said schooners Sutil and Mexicana; of which plan a copy is hereunto added, signed and sealed by the respective plenipotentiaries.

"In order to designate the boundary line with due precision upon authoritative maps, and to establish upon the ground landmarks which shall show the limits of both republics, as described in the present article, the two governments shall each appoint a commissioner and surveyor, who, before the expiration of one year from the date of the exchange of ratifications of this treaty, shall meet at the port of San Diego and proceed to run and mark the said boundary in its whole course to the mouth of the Rio Bravo del Norte. They shall keep journals and make out plans of their operations; and the result agreed upon by them shall be deemed a part of this treaty, and shall have the same force and effect as if inserted therein. The two governments will amicably agree regarding what may be necessary to these persons, and also as to their respective escorts, should such be necessary.

"The boundary line established by this article shall be religiously respected by each of the two republics, and no change shall ever be made therein, except by the express and free consent of both nations lawfully given by the General Government of each in conformity with its own const.i.tution.

"ART. 6 gives citizens of the United States free navigation of the Gulf of California and the Rio Colorado below its confluence with the Gila.

"ART. 7. The Rio Gila and the part of the Rio Bravo del Norte are made free for the navigation of vessels of both countries without tax.

"ART. 8. Mexicans to remain in the ceded territory if they choose to do so, or to remove at any time to the Mexican republic, retaining the property they possess in said territories, or disposing of the same and removing the same wherever they please.

Those who remain in said territories may either retain the t.i.tle and rights of Mexican citizens or acquire those of citizens of the United States; but they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty; and those who shall remain in said territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have elected to become citizens of the United States. Property in those territories belonging to Mexicans shall be inviolably respected, and the present owners and their heirs and those who have acquired the same shall enjoy the same, as if it belonged to citizens of the United States.

"ART. 9. Mexicans who do not declare themselves citizens of Mexico shall be incorporated in and become citizens of the United States under such regulations as shall be provided by law.

"ART. 10 of the treaty was stricken out.

"ART. 11. The United States undertakes to deliver up, if possible, any Mexicans that may be captured by any of the savage tribes within the ceded territory; and to prevent purchasing any property from any Mexican while in capture by the Indians; nor to purchase any property of any kind stolen within Mexican territory by such Indians.

"ART. 12. In consideration of the extension acquired by the boundaries of the United States, as defined by the fifth article of the present treaty, the Government of the United States engages to pay to that of the Mexican republic the sum of fifteen millions of dollars, and prescribes the manner and times of payment.

"ART. 13. The United States a.s.sumes the payment of all claims now due and those hereafter to become due by reason of claims already liquidated against Mexico under the treaties of April 11, 1839, and January 30, 1843.

"ART. 14. The United States discharges Mexico from all claims of citizens of the United States against said republic.

"ART. 15 provides for the appointment of a board of commissioners to adjudicate all claims against Mexico, the United States a.s.suming the payment of such as may be allowed; the Mexican Government agreeing to furnish such books, papers, etc., as may be deemed necessary as evidence.

"ART. 16. The right of both parties to fortify any point in its territory it may deem proper.

"ART. 17. The treaty of April 5, 1831, and its provisions not inconsistent with this treaty, revived.

"ART. 18. All supplies for troops of the United States shall be exempt from duties or charges of any kind; the United States engaging to prevent merchandise and goods from being landed, under cover of this article, not intended for the army.

"ART. 19. General provisions in regard to merchandise imported into Mexico during hostilities.