By invitation of
General Ampudia, commanding the Mexican army, General Taylor accompanied by a
number of his officers, proceeded on the 24th September, 1846, to a house
designated as the place at which General Ampudia requested an interview. The
parties being convened, General Ampudia announced, as official information,
that commissioners from the United States had been received by the government
of Mexico; and that the orders under which he had prepared to defend the city of
Monterey, had lost their force by the subsequent change of his own government,
therefore he asked the conference. A brief conversation between the commanding
generals, showed their views to be so opposite, as to leave little reason to
expect an amicable arrangement between them.
General Taylor said
he would not delay to receive such propositions as General Ampudia indicated.
One of General Ampudia's party, I think, the governor of the city, suggested
the appointment of a mixed commission; this was acceded to, and General W. G.
Worth of the United States army, General J. Pinckney Henderson, of the Texan
volunteers, and Colonel Jefferson Davis, of the Mississippi riflemen on the
part of General Taylor; and General J. Ma. Ortega, General P. Requena, and
Señor the Governor M. Ma. Llano on the part of Gen. Ampudia, were appointed.
General Taylor gave
instructions to his commissioners which, as understood, for they were brief and
verbal, will be best shown by the copy of the demand which the United States
commissioners prepared in the conference room here incorporated:
Copy of demand by United States
Commissioners.
"I.
As the legitimate result of the operations before this place, and the present
position of the contending armies, we demand the surrender of the town, the
arms and munitions of war, and all other public property within the place.
"II.
That the Mexican armed force retire beyond the Rinconada, Linares, and San
Fernando, on the coast.
"III.
The commanding general of the army of the United States agrees that the Mexican
officers reserve their side arms and private baggage; and the troops be allowed
to retire under their officers without parole, a reasonable time being allowed
to withdraw the forces.
"IV.
The immediate delivery of the main work, now occupied, to the army of the
United States.
"V.
To avoid collisions, and for mutual convenience, that the troops of the United
States shall not occupy the town until the Mexican forces have been withdrawn,
except for hospital purposes, storehouses, &c.
"VI.
The commanding general of the United States agrees not to advance beyond the
line specified in the second section before the expiration of eight weeks, or
until the respective governments can be heard from."
The terms of the
demand were refused by the Mexican commissioners, who drew up a counter proposition,
of which I only recollect that it contained a permission to the Mexican forces
to retire with their arms. This was urged as a matter of soldierly pride, and
as an ordinary courtesy. We had reached the limit of our instructions, and the
commission rose to report the disagreement.
Upon returning to
the reception room, after the fact had been announced that the commissioners
could not agree upon terms, General Ampudia entered at length upon the
question, treating the point of disagreement as one which involved the honor of
his country, spoke of his desire for a settlement without further bloodshed,
and said he did not care about the pieces of artillery which he had at the
place. General Taylor responded to the wish to avoid unnecessary bloodshed. It
was agreed the commission should reassemble, and we were instructed to concede
the small arms; and I supposed there would be no question about the artillery.
The Mexican commissioners now urged that, as all other arms had been
recognised, it would be discreditable to the artillery if required to march out
without anything to represent their arm, and stated, in answer to an inquiry,
that they had a battery of light artillery, manoeuvred and equipped as such.
The commission again rose, and reported the disagreement on the point of
artillery.
General Taylor
hearing that more was demanded than the middle ground, upon which, in a spirit
of generosity, he had agreed to place the capitulation, announced the
conference at an end; and rose in a manner which showed his determination to
talk no more. As he crossed the room to leave it, one of the Mexican
commissioners addressed him, and some conversation, which I did not hear,
ensued. Gen. Worth asked permission of Gen. Taylor, and addressed some remarks
to Gen. Ampudia, the spirit of which was that which he manifested throughout
the negotiation, viz: generosity and leniency, and a desire to spare the
further effusion of blood. The commission reassembled, and the points of
capitulation were agreed upon. After a short recess we again repaired to the
room in which we had parted from the Mexican commissioners; they were tardy in
joining us, and slow in executing the instrument of capitulation. The 7th, 8th,
and 9th articles were added during this session. At a late hour the English
original was handed to Gen. Taylor for his examination; the Spanish original
having been sent to General Ampudia. Gen. Taylor signed and delivered to me the
instrument as it was submitted to him, and I returned to receive the Spanish
copy with the signature of General Ampudia, and send that having Gen. Taylor's
signature, that each general might countersign the original to be retained by
the other. Gen. Ampudia did not sign the instrument as was expected, but came
himself to meet the commissioners. He raised many points which had been
settled, and evinced a disposition to make the Spanish differ in essential
points from the English instrument. Gen. Worth was absent. Finally he was
required to sign the instrument prepared for his own commissioners, and the
English original was left with him that he might have it translated, (which he
promised to do that night,) and be ready the next morning with a Spanish
duplicate of the English instrument left with him. By this means the two
instruments would be made to correspond, and he be compelled to admit his
knowledge of the contents of the English original before he signed it.
The next morning the
commission again met; again the attempt was made, as had been often done before
by solicitation, to gain some grant in addition to the compact. Thus we had, at
their request, adopted the word capitulation in lieu of surrender; they now
wished to substitute stipulation for capitulation. It finally became necessary
to make a peremptory demand for the immediate signing of the English instrument
by General Ampudia, and the literal translation (now perfected) by the
commissioners and their general. The Spanish instrument first signed by Gen.
Ampudia was destroyed in the presence of his commissioners; the translation of
our own instrument was countersigned by Gen. Taylor, and delivered. The
agreement was complete, and it only remained to execute the terms.
Much has been said
about the construction of article 2 of the capitulation, a copy of which is
hereto appended. Whatever ambiguity there may be in the language used, there
was a perfect understanding by the commissioners upon both sides, as to the
intent of the parties. The distinction we made between light artillery equipped
and manoeuvred as such, designed for and used in the field, and pieces being
the armament of a fort, was clearly stated on our side; and that it was
comprehended on their's, appeared in the fact, that repeatedly they asserted
their possession of light artillery, and said they had one battery of light pieces.
Such conformity of opinion existed among our commissioners upon every measure
which was finally adopted, that I consider them, in their sphere, jointly and
severally responsible for each and every article of the capitulation. If, as originally
viewed by Gen. Worth, our conduct has been in accordance with the peaceful
policy of our government, and shall in any degree tend to consummate that
policy, we may congratulate ourselves upon the part we have taken. If
otherwise, it will remain to me as a deliberate opinion, that the terms of the
capitulation gave all which could have followed, of desirable result, from a
further assault. It was in the power of the enemy to retreat, and to bear with
him his small arms, and such a battery as was contemplated in the capitulation.
The other grants were such as it was honorable in a conquering army to bestow,
and which it cost magnanimity nothing to give.
The above
recollections are submitted to Generals Henderson and Worth for correction and
addition that the misrepresentation of this transaction may be presented by a
statement made whilst the events are recent and the memory fresh.
JEFFERSON DAVIS,
Colonel Mississippi Riflemen.
Camp near Monterey, October 7th, 1846.
The above is a
correct statement of the leading facts connected with the transactions referred
to, according to my recollection. It is, however, proper, that I should further
state, that my first impression was, that no better terms than those first
proposed, on the part of Gen. Taylor, ought to have been given, and I so said
to General Taylor when I found him disposed to yield to the request of General
Ampudia; and, at the same time, gave it as my opinion that they would be
accepted by him before we left the town. General Taylor replied, that he would
run no risk where it could be avoided—that he wished to avoid the further shedding
of blood, and that he was satisfied that our government would be pleased with
the terms given by the capitulation; and being myself persuaded of that fact, I
yielded my individual views and wishes; and, under that conviction, I shall
ever be ready to defend the terms of the capitulation.
J. PINCKNEY HENDERSON,
Major General Commanding the Texan Volunteers.
I not only
counselled and advised, the opportunity being offered the general-in-chief, the
first proposition; but cordially assented and approved the decision taken by
General Taylor in respect to the latter, as did every member of the commission,
and for good and sufficient military and national reasons-and stand ready, at
all times and proper places, to defend and sustain the action of the commanding
general, and participation of the commissioners. Knowing that malignants, the
tremor being off, are at work to discredit and misrepresent the case, (as I had
anticipated,) I feel obliged to Col. Davis for having thrown together the
material and facts.
W. J. WORTH,
Brig. Gen. commanding 2d division.
Monterey, Oct. 12th, 1846.
Terms of the
capitulation of the city of Monterey, the capital of Nueva Leon, agreed upon by
the undersigned commissioners-to wit: General Worth, of the United States army;
General Henderson, of the Texan volunteers; and Col. Davis, of the Mississippi
riflemen, on the part of Major General Taylor, commanding-in-chief of the
United States forces; and General Requena and General Ortego, of the army of
Mexico, and Señor Manuel M. Llano, Governor of Nueva Leon, on the part of Señor
General Don Pedro Ampudia, commanding-in-chief the army of the north of Mexico.
Article 1. As the
legitimate result of the operations before this place, and the present position
of the contending armies, it is agreed that the city, the fortifications,
cannon, the munitions of war, and all other public property, with the under-mentioned
exceptions, be surrendered to the commanding general of the United States
forces now at Monterey.
Article 2. That the
Mexican forces be allowed to retain the following arms-to wit: The commissioned
officers, their side-arms; the infantry, their arms and accoutrements; the
cavalry, their arms and accoutrements; the artillery, one field battery, not to
exceed six pieces, with twenty-one rounds of ammunition.
Article 3. That the
Mexican armed forces retire within seven days from this date beyond the line
formed by the pass of the Rinconada, the city of Linares, and San Fernando de
Pusos.
Article 4. That the
citadel of Monterey be evacuated by the Mexican, and occupied by the American
forces to-morrow morning, at 10 o'clock.
Article 5. To avoid
collisions, and for mutual convenience, that the troops of the United States
will not occupy the city until the Mexican forces have withdrawn, except for
hospital and storage purposes.
Article 6. That the
forces of the United States will not advance beyond the line specified in the
3d article, before the expiration of eight weeks, or until the orders of the
respective governments can be received.
Article 7. That the
public property to be delivered, shall be turned over and received by officers
appointed by the commanding general of the two armies.
Article 8. That all
doubts, as to the meaning of any of the preceding articles, shall be solved by
an equitable construction, and on principles of liberality to the retiring
army.
Article 9. That the
Mexican flag, when struck at the citadel, may be saluted by its own battery.
W. J. WORTH,
Brig. Gen. U. S. A.
J. PINCKNEY HENDERSON,
Maj. Gen. commanding the Texan volunteers.
JEFFERSON DAVIS ,
Colonel Mississippi riflemen.
J. M. ORTEGA,
T. REQUENA,
MANUEL M. LLANO,
Approved:
PEDRO AMPUDIA,
Z. TAYLOR,
Maj. Gen. U. S. A. commanding.
Done at Monterey, Sept. 24, 1846
.
SOURCE: Dunbar
Rowland, Editor, Jefferson Davis, Constitutionalist: His Letters,
Papers and Speeches, Volume 1, p. 65-71
