[88] Mr. Clay to Mr. King, October 25, "Wharton's Digest," Sec. 60.

[89] Canning to Earl of Liverpool, October 6, 1826.

[90] Am. St. Pap., For. Rel., Vol. V, p. 863.

[91] Benton's "Abridgment," Vol. VIII, pp. 427, 428, and Vol. IX, pp.

90, 218.

[92] H. Ex. Doc. No. 121, Thirty-second Cong., First Sess.; also "Wharton's Digest," Sec. 60.

[93] "Wharton's Digest," Sec. 60.

[94] Mr. Upshur, who succeeded Mr. Webster as secretary of state, wrote to Mr. Irving to the same effect, October 10, 1843.

[95] Mr. Buchanan to Mr. Saunders, June 17, 1848. H. Ex. Doc. No. 121, Thirty-second Cong., First Sess.; also Brit. and For. St. Pap., Vol.

XXVI.

[96] "Messages and Papers of the Presidents," Vol. V, p. 7.

[97] J. F. H. Claiborne, "Life and Corresp. of John A. Quitman," Vol.

II. pp. 55-56, and Appendix, p. 385.

In June the Grand Jury of the United States Circuit Court at New Orleans found a bill against John A. Quitman, John Henderson, Governor of Louisiana, and others, for setting on foot the invasion of Cuba.

Quitman's view of state sovereignty did not admit the right of the United States Courts to proceed against the chief executive of a sovereign state. He sought the advice of friends throughout the South as to what course he should pursue. None of them admitted the right of the United States Courts to indict him and several of them advised him that it was his duty to a.s.sert the principle of state sovereignty even to the point of calling out the state militia to protect him against arrest.

Others advised him to submit under protest so as to avoid an open breach. This course was finally adopted, and when the United States marshal appeared on the 3rd of February, 1851, to take him into custody, he yielded, causing at the same time an address to be issued to the people of Mississippi, in which he resigned the office of governor.

After proceedings which lasted two months, Henderson was acquitted and the charges against Quitman and the others dismissed.

[98] Sen. Ex. Doc. No. 41, Thirty-first Cong., Second Sess.

[99] H. Ex. Doc. No. 1, Thirty-second Cong., First Sess.; also 2d Annual Message of Fillmore, December 2, 1851. "Messages and Papers of the Presidents" Vol. V, p. 113.

[100] H. Ex. Doc. No. 1, Thirty-second Cong., First Sess.

[101] Mr. Crittenden to Comte de Sartiges, October 22, 1851. See also Pres. Fillmore to Mr. Webster and Mr. Webster's reply. 2 Curtis's "Life of Webster," p. 551.

[102] Brit. and For. St. Pap., Vol. XLIV, Lord Howden to Earl Granville, January 9, 1852.

[103] Comte de Sartiges to Mr. Webster, April 23, 1852. Sen. Ex. Doc.

No. 13, Thirty-second Cong., Second Sess.

[104] Mr. Webster to Comte de Sartiges, April 29, 1852. To Mr. Crampton, same date, to same effect.

[105] H. Ex. Doc. No. 93, Thirty-third Cong., Second Sess., p. 3.

[106] Mr. Soule to Mr. Marcy, November 10, and December 23, 1853, and January 20, 1854.

[107] The correspondence relating to the _Black Warrior_ case and to the Ostend conference is contained in H. Ex. Doc. No. 93, Thirty-third Cong., Second Sess.

[108] Sen. Report No. 351, Thirty-fifth Cong., Second Sess., Vol. I.

[109] Sen. Ex. Doc. No. 7, Forty-first Cong., Second Sess.

[110] _Ibid._

[111] House Ex. Doc. No. 160, Forty-first Cong., Second Sess.

[112] C. F. Adams, "The Treaty of Washington," in "Lee at Appomattox and Other Papers," p. 119.

[113] Sen. Ex. Doc. No. 113, Forty-first Cong., Second Sess.

[114] Private journal of Mr. Fish, quoted by Prof. J. B. Moore in the _Forum_, May, 1896.

[115] Congressional Globe, Forty-first Cong., Second Sess., p. 4438.

[116] "Treaties and Conventions of the United States" (Malloy's Ed.), Vol. II, p. 1661.

[117] The correspondence relating to the case of the _Virginius_ is in Foreign Relations for the years 1874, 1875, and 1876.

[118] Foreign Relations, 1874-75, p. 859.

[119] House Ex. Doc. No. 90, Forty-fourth Cong., First Sess.

[120] House Ex. Doc. No. 100, Forty-fourth Cong., First Sess.

[121] Sen. Ex. Doc. No. 213, Fifty-fourth Cong., First Sess.

[122] Sen. Ex. Doc. No. 79, Forty-fifth Cong., Second Sess.

[123] Sen. Doc. No. 25, p. 125, Fifty-eighth Cong., Second Sess.

[124] Spanish Dipl. Corresp. and Docs. (translation, Washington, 1905), pp. 7, 8.

[125] Foreign Relations, 1898, p. 568.

[126] Foreign Relations, 1898, p. 1025.

[127] Foreign Relations, 1898, pp. 1007-1020.

[128] Sen. Doc. No. 207, Fifty-fifth Cong., Second Sess.

[129] Foreign Relations, 1898, p. 731.

[130] Richardson, "Messages and Papers of the Presidents," Vol. X, p.

147.

[131] "U. S. Statutes at Large," Vol. x.x.x, p. 738.

[132] Spanish Dipl. Corresp. and Docs., p. 206; Foreign Relations, 1898, p. 819.