The Papers of Mirabeau Buonaparte Lamar, Volume II

p APERS OF MIRABEAU BuoNAPARTE LAMAR

283

No. 867 [1838 Nov. 5, MIRABEAU BUONAPARTE LAMAR, HOUSTON, TEXAS] Farewell address to the Senate upon his withdrawal as president thereof. A. Df. 13 p. Mutilated; cf. no. 866.

No. 868

1838 Nov. 7, J. P. HENDERSON TO M. B. LAMAR, [HOUSTON]

Paris Nov 7th 1838

My Dear Sir

I just have time before the mail which reaches Haver in time for the saliing of the next New York Packet closes to announce to you that I have but this hour received a communication 3 from Count Mole informing me that the King after fully considering the proposition which I heretofore made to establish commercial relation between Texas and France has determined to agree to the same. The terms of that arrangement are perfectly receprocal and are in substance as follows. He proposed that '' the Ships seamen and merchandise of the two Nations shall be received into the ports of each country upon the same footing and enjoy the same privileges as those of the most favoured Nation" and which commercial arrange- ment is to continue in force until some more definite understand- ing is concluded between the two Countries or in other words until this Government recognizes Texas (which I hope will soon come to pass) when they will enter into a formal Treaty with her. I have determined to answer the Counts communication this day and inform him that the terms which he proposes are perfectly satisfactory and indeed fully accept and ratify the agreement. In the communica-: tion just received from Count Mole he gives and signes the terms and it not being a formal Tro,aty all that I have to do is to inform him of my determination and send to him in turn a copy of the terms signed by myself on the part of Texas which I will do this day and so complete the arrangement. I have taken the precedents in similar cases as the law governing in this and have informed this Government that I have full power to make and finally ratify any commercial arrangement that dose not amo [u] nt to a Treaty and that when the matter under consideration shall have been fully settled between them and myself it may be considered as completed. Such I consider to be the power which I hold from my Govern- ment. I acted upon a similar understanding in England. I hope you so regard it. I know that the Executive could not invest me with such power in the case of a, formal Treaty; as the Constitution of Te~as requires that all Treaties before they can go into effect · •Dated Nov. 2, 1838. Printed in Garrison, G. P., Diplomatic Oorrespondence of the Republic of Texas, II, 1233; as is the remainder of the correspondence between Henderson and MoHi.

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