The committee see no reason to reconsider the report of January 26, 1869. The lapse of time and the judgment of the Department of State are impediments; nor can they doubt, in view of all the circumstances, that Mr. Morse received, at the settlement of his accounts, a reasonable compensation. Though only an agent of the State Department, he received the compensation of a minister resident; and this compensation was continued for nearly two months after his return to the country.

July 14, 1870.

[Senate Report No. 261.]

Mr. Sumner made the following report:

The Committee on Foreign Relations, to whom was referred the petition of Nicholas P. Trist, have had the same under consideration and now report:

The services of Mr. Trist constitute an interesting chapter in the history of our country. As negotiator of the treaty of Guadalupe Hidalgo, he exercised a decisive influence in terminating the war with Mexico, by which we were secured in the blessings of peace and in the possession also of an undisputed title to Texas, and an addition to the national domain equal in area to the present territory of Mexico, and including in its expanse the great and prosperous State of California.

Mr. Trist, while chief clerk of the State Department, and in confidential relations with Mr. Buchanan, the Secretary of State, was selected as "commissioner to negotiate and conclude a settlement of existing differences and a lasting treaty of peace" with Mexico. On the 16th April, 1847, he left Washington and proceeded to the Headquarters of the Army of the United States in Mexico, where for several months he labored anxiously to accomplish the object of his important mission. Not until November, 1847, was the first great point reached. This was the appointment of a commission on the part of the Mexican Government authorized to negotiate.

Meanwhile at Washington there was a spirit hostile to negotiation; Mexico was not sufficiently humiliated. In the midst of his negotiation, when a treaty of peace was almost within his grasp, on the 16th November, 1847, Mr. Trist suddenly received a letter of recall, with the order to return home by the first safe opportunity. After careful deliberation, and with the sure conviction that if his efforts were thus abruptly terminated the war would be much prolonged, while the difficulties of obtaining another Mexican commission would be increased, he concluded to proceed, and do what he could for the sake of peace. The Mexicans to whom he communicated the actual condition of affairs united with him, and a treaty was signed on the 2d February, 1848, at Guadalupe Hidalgo. Mr. Trist remained in Mexico until the 8th of April, 1848, in order to protect the interests of the United States, and would have remained longer had not an order for his arrest, sent from Washington to our military authorities, compelled him to leave.

It is understood that the President, on the arrival of the treaty, proposed to suppress it; but, unwilling to encounter public opinion, which was favorable to peace, he communicated it to the Senate,

when, with certain amendments, it was ratified by a vote of 38 yeas to 14 nays. And thus the war with Mexico was closed.

The commissioner who had taken such great responsibility reached Washington on his return in June, 1848, only to encounter the enmity of the Administration then in power. His mission had been crowned with success, but he was disgraced. By the order of President Polk his pay was stopped on November 16, 1847, so that the service, as peacemaker, rendered after that date was left without compensation as without honor. Mr. Trist was proud and sensitive. He determined to make no application at that time for the compensation he had earned, and to await the spontaneous offer of it, unless compelled by actual want. In pursuance of this determination, for more than twenty years, he has worked for his daily bread, most of the time as the employee of a railroad company; but now having arrived at the age of three score and ten, and, by reason of years and infirmity, being compelled to resign his situation, he naturally turns to this unsettled account, and asks for his due.

The committee see no reason why he should not be paid according to the nature of his services, at the customary rates of the time. So far as he has been paid it was only as a chargé d'affaires, and out of the secret-service fund at the disposal of the President. The mission was secret, but he was entitled "commissioner," which was the title of our representatives at the treaty of Ghent. By the terms of his commission he was invested "with full and all manner of power and authority for and in the name of the United States, to meet and confer with any person or persons having like authority, and with him, or them, to negotiate and conclude a settlement of existing differences, and a lasting treaty of peace, friendship, and limits between the United States and the Mexican Nation, whereby shall be definitely settled all claims, etc., and likewise the limits and boundaries and all matters and subjects therewith connected which may be interesting to the two nations." With these full powers he proceeded and acted. Shortly before him, Mr. Slidell, of Louisiana, had proceeded to Mexico with the title of "commissioner," for which he was paid at the rate of what was called a "full mission," being for an unsuccessful service of four months and nineteen days, $15,698.28. The ratification of the treaty by the Senate was followed by another commission, composed of Mr. Sevier, recently chairman of the Senate Committee on Foreign Relations, and Mr. Clifford, the Attorney-General, each being paid at the rate of a "full mission," and the total cost of the commission being $28,728.67.

If these other commissioners received such considerable sums for a service inferior to that of Mr. Trist, it is difficult to see why he should not be placed at least on an equal footing with them. His title is attested by Mr. Benton in a letter written at a later day:

WASHINGTON, January 18, 1856. DEAR SIR: I am at that point of my history which touches your mission to Mexico, and as I propose rather to tell how things were done than what was done, I am extremely anxious to talk with you, both as to the beginning and ending of that war, as you know more about it than any living man. Can you come on here? Please write me and let me know whether you can come.

You ought to put forward your claim to Congress for full pay and outfit for the Mexican treaty. There were many in the Senate ready to stand by you then, and I believe you can get compensation yet.

Hoping to hear from you soon, respectfully,

NICHOLAS P. TRIST, Esq.,

Philadelphia.

S. Doc. 231, pt 348

THOMAS H. BENTON.

A recent letter from Hon. Reverdy Johnson, a member of the Senate at the ratification of the treaty, attests the merits of Mr. Trist:

BALTIMORE, May 21, 1870.

MY DEAR SIR: I understand that a petition is now before the Senate, of Mr. Nicholas P. Trist, asking to be allowed the full pay of a minister plenipotentiary during the time he was in the public service in Mexico, and negotiating the treaty which terminated our war of 1846 with that country. Being a member of the Senate when the treaty was submitted for ratification, I distinctly recollect that the Senators placed a high estimate upon the value of Mr. Trist's services, and thought that a salary as minister should be allowed him, and I have little doubt that this would have been done had he requested it. In this I fully concur with Colonel Benton, in his letter of the 18th June, 1856, which forms a part of the memorial.

Mr. T., at that time, however, failed to make the demand, but he is now poor and too old to earn a livelihood, and it would seem to be not only generous, but just, that his services should be rewarded.

It is difficult to exaggerate how much they benefited the country. The treaty, as you know, not only ended the most expensive war upon honorable terms, but secured to us territory of inestimable value.

Hoping that the negotiator may now be compensated,

I remain, with regard, your obedient servant,

Hon. CHAS. SUMNER,

United States Senator, Washington, D. C.

REVERDY JOHNSON.

The committee are satisfied that Mr. Trist should receive compensation for the entire period of his service, and not merely for that part terminating November 16, 1847, when the letter of recall reached him, such entire period extending from April 15, 1847, to April 8, 1848; that such compensation should be at the rate then established for what was called a "full mission," being outfit, salary, and return allowance, and in addition thereto whatever was expended as contingent expenses," being $797.50, deducting therefrom the money actually received, being $8,276.65. Interest should be allowed on the "contingent expenses" actually incurred from April 8, 1848; but on the compensation now due only from the presentation of his petition, March 7, 1870.

In justice to a faithful public servant and for the sake of its historic interest, the statement of Mr. Trist, filed with the committee, is annexed.

MISSION OF MR. NICHOLAS P. TRIST TO MEXICO, INSTITUTED APRIL 15, 1847.

FACTS OF THE CASE.

A.-The mission instituted; its object and plan of proceedings; the person selected for it.

In April, 1847, Congress being then not in session, a determination was taken by the President of the United States, in the exercise of his Executive discretion, to institute a special mission to Mexico; this mission having for its single and sole object the effecting of a treaty of peace; in other words, the extrication of our country from the war in which she had become involved by the annexation of Texas.

For this service the selection fell upon Mr. Nicholas P. Trist, then holding the post in the Department of State next to that of its head. It was undertaken by him single handed, unaccompanied even by a secretary.

The plan was that he should at once repair to the headquarters of our army in Mexico, then under command of Gen. Winfield Scott (or at his option, upon reaching the port of Vera Cruz, remain on board our fleet there), and that the Mexican Government should be informed of the presen e there of the officer of our Department of Foreign Affairs, next in rank to its chief," clothed with full powers to

..

conclude a treaty of peace, should that Government deem proper to enter upon a negotiation with this view.

The letter of instructions from the Department of State, under which he so proceeded to Mexico, is contained in the Senate document, Thirtieth Congress, first session, Executive No. 52. It begins thus (p. 81 of document just named):

[Mr. Buchanan to Mr. Trist.]

"DEPARTMENT OF STATE,

"Washington, April 15, 1847.

"SIR: Since the glorious victory of Buena Vista, and the capture of Vera Cruz and the castle of San Juan d'Ulloa by the American arms, it is deemed probable that the Mexican Government may be willing to conclude a treaty of peace with the United States. Without any certain information, however, as to its disposition, the President would not feel justified in appointing public commissioners for this purpose, and inviting it to do the same. After so many overtures, rejected by Mexico, this course might not only subject the United States to the indignity of another refusal, but might in the end prove prejudicial to the cause of peace. The Mexican Government might thus be encouraged in the mistaken opinion which it probably already entertains, respecting the motives which have actuated the President in his repeated efforts to terminate the war.

"He deems it proper, notwithstanding, to send to the headquarters of the army a confidential agent, fully acquainted with the views of this Government and clothed with full powers to conclude a treaty of peace with the Mexican Government should it be so inclined. In this manner he will be enabled to take advantage, at the propitious moment, of any favorable circumstances which might dispose that Government to peace.

"The President, therefore, having full confidence in your ability, patriotism, and integrity, has selected you as a commissioner to the United Mexican States, to discharge the duties of this important mission."

B.-Grade of the mission: First, in point of official character; second, in point

of pay.

First. In point of official character it was of the highest grade possible. The full powers with which the commissioner was clothed were of the amplest kind that any government can intrust to a diplomatic functionary. His "commission," under the great seal of the United States, signed by the President and countersigned by the Secretary of State, runs thus: Commissioner of the United States of America, with authority to meet," etc., and to negotiate and conclude a settlement of subsisting differences and a lasting treaty of peace,” etc. His "full power," under the same great seal, and bearing the same signatures, runs thus:

"Have invested him with full and all manner of power and authority, for and in the name of the United States, to meet and confer with any person or persons having like authority, * and with him or them to negotiate and conclude

*

*

a settlement of subsisting differences and a lasting treaty of peace, friendship, and limits between the United States and the Mexican nation; whereby shall be definitively settled all claims * and likewise the limits and boundaries between the United States of America and the United Mexican States, and all matters and subjects there with connected which may be interesting to the two nations." For his action in the execution of these ample powers. a latitude of discretion is conferred in his letter of instructions such as is but seldom, if ever, exceeded. Considered in this point of view, the powers conferred and the importance and magnitude of the object for which it was instituted, the mission was of as high a grade as any mission can be, whatever be the title given to the person employed in its execution. And it is to be observed that the title in this instance, "commissioner," was the same with that borne by those three "United States commissioners at Ghent," Henry Clay, John Quincy Adams, and Jonathan Russell, by whom was negotiated and concluded our last last thus far, and 'tis to be fervently hoped, last forever) treaty of peace with our mother country.

Second. Pay attached to the mission.-In this respect its grade was fixed at the other end of the scale: the pay of this special mission was made the same as that of a chargé d'affaires, the lowest grade of the then regular diplomatic stations. In connection with this fact it is necessary to advert to the peculiarities of the case in these respects: First. There was no appropriation for this special mission, and Congress was not in session to make one. Moreover, it was deemed important that it should be a secret one, and so remain as long as possible. Hence the necessity that its cost should be defrayed out of the fund (familiarly called "secret

service") which is provided by Congress as a resource for emergencies arising in our foreign intercourse; which fund being intrusted by law to the President for expenditure at his sole and untrammeled discretion, there necessarily attaches to every such expenditure a peculiar sense of personal responsibility, restraining from all approach to lavishness in this irresponsible disposal of public money. Secondly. This mission was a mere exper ment which might prove abortive, like other measures previously ta en by the President in the hope of thereby obtaining of the Mexican Government a negotiation for peace, among which repeated efforts on the part of the President to terminate the war." as they are called in the Secretary of State's instructions to Mr. Trist, had been the public mission of Mr. John Slidell, of Louisiana, for which an appropriation had been obtained from Congress, and which had proved a fruitless waste of public money to the extent of nearly $16,000. Thirdly. This mere experiment was expected to be a very short one; a result, one way or the other, would very soon be reached: and for a terin of service so very brief (not over three months at the outside) it would be extravagant, upon mere Executive authority alone, to incur an expenditure beyond the sum which would be made up of the outfit and salary of a chargé.

C.-Result of the mission; steps by which this result was reached.

The mission had for its result the treaty of Guadalupe Hidalgo, signed on the 2d of February, 1848, and subsequently ratified by both Governments. The steps by which this result was reached were briefly as follows:

Mr. Trist left Washington April 16, 1847; embarked at New Orleans for Vera Cruz, where he landed May 6, and immediately proceeded to headquarters of our army, then at the city of Jalapa. Thenceforward he continued with it until April 8, 1848, when he left the City of Mexico, on his return to Washington, which he reached about the middle of June.

At the time of his arrival at Vera Cruz the only federal authority existing in the Mexican Republic was lodged in "the Sovereign Constituent Congress," then sitting in the City of Mexico-a body regularly elected for the twofold purpose of, first, reestablishing (with amendments) the constitution of 1824, that had been subverted by military violence and usurpation; second, disposing of all questions connected with the war. By this body a provisional executive had been established, at the head of which was Santa Anna as provisional President of the Republic.

In August, 1847, the American army, by a rapid series of brilliant achievements, having carried and occupied all the strong positions constituting the outer line of defenses of the City of Mexico, an offer was made by its commander, General Scott, to the Mexican Government of an armistice, with a view to negotiations for peace, which offer being immediately accepted, the terms of the armistice were forthwith settled by commissioners appointed on both sides, those selected by General Scott being Generals J. A. Quitman, Persifer F. Smith, and Franklin Pierce.

The negotiation for peace was forth with entered upon by Mr. Trist and four plenipotentiaries appointed by Santa Anna. At the head of these stood General Herrera, the highest name, by universal acknowledgment, throughout that Republic for the purity of patriotism and general probity of character for which he was noted, and which, on several occasions, had caused his elevation to the Presidency of the Republic by constitutional election. Next to Herrera among the Mexican plenipotentiaries was his bosom fried, Couto, the most eminent lawyer of the Republic, and no less noted than himself for proverbial integrity. Between all four of these men and Santa Anna the utmost repulsion was known to exist that could arise from extreme contrariety of character in every possible respect, private

1 The exact figures as they stand in the public accounts (Fifth Auditor) are: Compensation paid to John Slidell as minister to Mexico.

Outfit.

Salary, at $9,000 per annum, for 4 months and 19 days
Return allowance

Total paid him as compensation

Add contingent expenses reimbursed to him

Add salary of secretary for 4 months and 19 days, at $2,000 per annum.

Total cost of that mission..

$9,000.00 3, 471.74 2,250.00

14, 721.74 204.35 772.19

15, 698.28