Transcribed from A Standard History of Kansas and Kansans, written and compiled by William E. Connelley, Chicago : Lewis, 1918. 5 v. (lvi, 2731 p., [228] leaves of plates) : ill., maps (some fold.), ports. ; 27 cm.

1918 KANSAS AND KANSANS Chapter 8 Part 5
The United States, Dr.,
To J. W. Magoffin.

To secret and personal services in the Mexican War under special engagement with President Polk, commencing from the 18th of June, 1846, when I left Washington City in the employment of the Government until I got back in February, 1849, being two years and eight months of time and extending to Santafe, Chihuahua, and Durango.

The service being secret, accounts and vouchers could not be kept, but the items which make up the above amount are as follows:

1st.My time, a merchant in business which I had to neglect for two years and eight months, pr. mo. $300................$9,600.00
2nd.My expenditures, to wit from Washington to Independence, Mo.........................50.00
for 1 small wagon with springs..............................150.00
for 1 pair horses...........................................160.00
for 1 pair mules............................................160.00
for an escort of 6 Mexicans to El Paso, after leaving Genl. Kearney ....................................................150.00
of money received in Chihuahua as per certificate of V. Commercial Agent of the U. States, which was expended in bribes in that city in order to extricate from the military judge, Genl. Kearney, written statement of my services in Santafe, New Mexico directed to the Secretary of War, Washington.......................................3,800.00

Ford. ...............................$14.070.00
Amount brot forward.........................$14.070.00
Expenditures continued
of money recd. in Durango, as pr letter of J. Beldin Durango, with my acceptance inclosed, which was paid to the Auditor of War of that City for releasing me from my imprisonment .....................................1100.00
of money recd. from J. Randell & Co. as pr. bill and recpt. given to a Mexican friend for making the arrangement with the Auditor .........................................500.00
for entertainments to officers military and civil and influential citizens at Santafe, Chihuahua and Durango, to accomplish the object of promoting the interests of the United States ............................................2000.00
Claret wine being worth per dozen.........$18.00
Champagne being worth per dozen........... 36.00
Paid for subsistence during the time for self, horses and servants, wages and clothing, charged as for a Colonel of Cavalry, my duties keeping me with officers of all ranks up to the Governors and generals, 2 years, 8 months, per mo., $118.50...................................3792.00
3rd. Sufferings.
nine months' imprisonment at Chihuahua, and Durango, (can't be estimated)
4th.Losses.
sustained by an attack made by the Apache Indians, whilst traveling from Santafe to Chihuahua, consisting of a waggon, (before charged) trunk, clothing and money... 350.00

Ford. ...............................$21,812.00
Amount brot forward.........................$21,812.00
Losses, continued.
Sustained at Chihuahua, during my imprisonment as pr statement of Mr. Jno Potts, certified by the Vice Commercial Agent of the United States, being a suffering in purse as well as in body, for that imprisonment.. 15,968.96

$37,780.96

The above is submitted, not as an account against the United States, but as data to assist in forming an opinion of the amount that ought to be paid me for my services, by showing what they cost me, as for the services themselves they cannot be valued in money. The bloodless conquest of a province and the conciliation of the feelings of an invaded people, are services above money value and these I rendered at great cost, loss and danger to myself. I had peculiar means to be serviceable, and that was known to the Government. I had been consul at Satillo and Chihuahua fifteen years. I was a merchant in a large business; I spoke the language of the country, was married to a Mexican lady; had a general acquaintance with the inhabitants and had the influence which attaches to such a position in such a country. I went ahead of Genl. Kearney and secured his unopposed march into Santafe. I went down the country and conciliated the people. The bloodless conquest of N. Mexico and the easy advance of our troops was the finest [finish]; and these are services which cannot be estimated in money, I only show what they cost me.

General Kearney gave to my brother Saml. Magoffin at Santafe, a written statement of my services addressed to the Secretary of War, a letter all in his own handwriting to be forwarded to me at Chihuahua by the first safe opportunity. My brother forwarded by Dr. Connelly. He was taken prisoner at El Paso and all his papers seized and forwarded to the military judge at Chihuahua, where I was then prisoner, and the authorities on the search for testimony against me. The military judge brought the letter to me, (Genl. Kearney's was one inclosed in one from my brother) without having shown it to the Governor or General. We understood one another he told me to tear it up, which I did in his presence, for I was a prisoner and it was not safe for either of us that I should keep it. That affair cost me $3,800 and deprived me of General Kearney's statement to lay before the Government. He wrote it as a matter of precaution and justice to me just before he left for California, and his death has prevented me from ever seeing him again.

The whole $50,000 mentioned in the law I might well claim, but the sum of $40,000 will be received in full satisfaction.

J. W. MAGOFFIN.

CLAIM OF JAMES W. MAGOFFIN.

On an examination of the papers presented in this case, the following facts appear.

That on the 18th of June, 1846, at the instance of the President, Mr. Magoffin was commended by the War Department to a favorable consideration of General Kearney, then in command of a military expedition to Santa Fe, and to the Commanding officer of the expedition to Chihuahua, as a person who then was, and had been for some years a resident of Chihuaha, and extensively engaged in trade in that and other settlements of Mexico, that he was introduced to the President by Col. Benton, as a gentleman of intelligence and most respectable character, that the President being favorably impressed with his character, intelligence, and disposition to the cause of the United States, believed he might render important services to both those military movements, to the extent needed, and that his credit with the people and his business capacity would enable him to give important information and make arrangements to furnish the troops with abundant supplies, that he was therefore recommended to these respective commanders, who were requested in case they should apprehend difficulties of this nature, to avail themselves, in this respect, and others, of his services, for which he would as a matter of course, be entitled to a fair consideration.

It further appears that Mr. Magoffin joined Genl. Kearney at Bent's Fort, on the 26th of July, 1846, and at the instance of that General, accompanied Capt. Cooke with a flag and letter to Governor Armijo, at Santa Fe, where by his influence and address, he was instrumental in neutralizing the hostile feelings of the Mexican authorities in that quarter, and in obtaining for our troops the peaceful possession of that place. That after this was effected, he proceeded with General Kearney on a visit to some of the principal towns on the Rio Grande, where he left that officer, and continued his route to Chihuaha, near which place, in the fall of 1846, he was taken prisoner by the Mexican authorities, and afterwards sent to Durango, where he remained in confinement until released, the date of which release is not stated, although he is said to have been in confinement nine months.

For the services rendered by him, the expenses incurred in rendering them, and the losses he sustained by reason of his capture, etc., Mr. Magoffin presents the following claim, amounting in all to $37,780.96.

1.For his time, being a merchant in business which he had to neglect for two years and 8 months, at $300.00 per month.. $9,600
Remark. If this amount is intended as an equivalent for the services he is supposed to have rendered, considering their importance, and the risk he incurred it may not be deemed too high, being at the rate of only $3,600 a year.
2.For expenses between Washington City and El Paso, including an escort of six men, after leaving Genl. Kearney. .... .. . .$670
Remark. The items in this charge appear reasonable, with the exception of $160, paid for a pair of mules, which is considered high.
3.For amount expended in bribes in Chihuaha, in order to obtain possession of Genl. Kearney's statement of his services in Santa Fe, then in the hands of the military Judge and which, if not destroyed, would have placed his life in jeopardy .....................................................$3,800
Remark. There is no evidence but the declaration of Mr. Magoffin that the money was so expended. It is presumed from the transpiring circumstances that these bribes were actually paid, and that they were the means of releasing him from the fate which appears to have awaited him, on account of the important secret services he rendered in obtaining peaceable possession of Santa Fe, and I should think he ought in justice to be remunerated. It is not an unusual thing for Governments to seek, even at considerable cost, to obtain the release of their secret agents, taken by the enemy as spies, the efforts on the part of the British authorities in respect to the capture of Andre may be suggested as a case in point. Had the papers in the case of Magoffin been preserved it would have been the means of convicting him as a spy.
4.For money paid by him to the authorities in Durango for his release from imprisonment ...............................$1,100
And for money given to a Mexican friend for making arrangements for that release..................................$500
Remark. There is no evidence to support these charges, which rest upon the mere declaration of Mr. Magoffin. The letter of Mr. Baldwin referred to by the claimant, in proof, merely mentions the return to Magoffin of his acceptance for $1,100, in favor of the former, but the object for which the money was expended does not appear.
5.For entertainment to officers, military and civil, and to influential citizens of Santa Fe, Chihuaha and Durango, to accomplish the object of promoting the interests of the United States . ..............................................$2,000
Remark. If this item had been confined to entertainments given in Santa Fe, it would have been better under stood, and perhaps might not be deemed too high a charge, considering the importance of the object obtained by them. But how entertainment in Chihuaha and Durango could have promoted the interests of the United States, while the claimant was a prisoner in those cities, or even after his release, when he was compelled to act with great circumspection, is not sufficiently clear. This would seem to require some explanation.
6.For subsistence for himself, horses and servants, wages and clothing charged as a Colonel of Cavalry.....................$3,792
Remark. In admitting the reasonableness of the charge in the 1st item of the claim for time and services rendered at the rate of $3,600 per annum, it was intended to include subsistence, forage, servants, and clothing. As Mr. Magoffin has charged these items separately and st the rate allowed to a Colonel of Cavalry, there is a propriety in paying for his services at the same rate. The pay and emoluments of a Colonel of Cavalry, including such items as these, do not exceed $3,600 per annum. I think therefore they should not be allowed, if the 1st item of the claim is admitted.
7.For losses sustained in consequence of an attack made by the Apache Indians, while travelling from Santa Fe to Chihuaha, consisting of a wagon, (before charged) trunks, clothing and money ..................................$350
Remark. This item is inadmissible. The government cannot be held to pay for the loss of the private effects of its agents. Besides, the charge for the loss of the wagon, if admitted, would be equivalent to paying twice for the same article, the wagon being already charged in 2nd item of the claim under expenses from Washington to El Paso.
8.For loss sustained at Chihuaha during his confinement, in consequence of duties levied upon his goods, after Doniphan's departure from that place...$15,968.96
Remark. The evidence in support of this item is the certificate of Mr. Jno. Potts, which goes to show that he purchased from Mr. Saml. Magoffin 311 bales of merchandise belonging to Mr. James Magoffin then a prisoner in Durango - that the merchandise was purchased on time, and at an amount equal to its original cost, and an augmentation of 50 per cent of the expenses thereon to the city of Chihuaha, with a guarantee that the purchaser should not be responsible for the duties of any kind whatsoever. The certificate further states that this property would not have been disposed of by Mr. Saml. Magoffln at a rate so ruinous to his brother's interest, but for the utter impossibility of removing it from Chihuaha and the fear of its being seized by the authorities of Mexico, to which danger it was exposed from the retirement of Col. Doniphan from that city, who had no sooner withdrawn his forces than the Mexican Governor levied duties upon this merchandise to the amount of $15,968.96, which amount was paid by Mr. Potts and afterwards refunded by Mr. James Magoffin.

Admitting that this is a correct statement of the transaction - that the goods were sold at the sacrifice, as stated, and that the amount of duties levied upon them by the Mexican Governor, was at the cost of Mr. Magoffin, it does not necessarily follow, that the losses he thus incurred are a fair charge against the United States, growing out of his secret services. The same exaction on the part of the Mexican Government, would, in all probabilities have been made, had Mr. Magoffin been in the exercise of his privileges as an American Merchant, residing in Chihuaha, and he can have no greater claim to indemnification than any other American merchant, then residing in that city and who sustained similar losses.

From an examination of all the papers in support of the account presented by Mr. Magoffin, and admitting that the services rendered by him were important, and were justified by the authority given for his employment as special agent, the following items in that account may be considered a fair charge against the United States, to wit:
1.For his time and services................................. $ 9,600
2.For his expenses from Washington to El Paso...................670
3.For amount paid as bribes for his safety................. 3,800
4.For amount paid to affect his release from prison.......... 1,600
5.For expenses of entertainments given by him.............. 2,000

$17,670
The items rejected for reasons given are:
6.For subsistence for himself, horses, servants, etc...$ 3,792
7.For loss of private baggage captured by Indians........ 350
8.For loss by duties, levied upon his merchandise....15,986.96
$20,128.96
In consideration however of the important services rendered by Mr. Magoffin in aiding to overcome resistance on the part of the Mexican authorities, in the conquest of New Mexico as shown by the letters of Lt. Col. Cooke and Maj. Turner of the Army, and the heavy losses he has sustained during the late war with Mexico, as well as his suffering while a prisoner in the enemy's hands, I recommend that he be allowed the sum of $30,000.00 in full of all demends against the United States.
Respectfully submitted,
GEO. W. CRAWFORD,
Secretary of War.
April 1, 1849.
To the President.

HARRODSBURGH, KY., JUNE 22, 1847.

My dear Sir:

Permit me to call to your attention, and that of the President, the situation of Mr. Jas. Magoffin, whose widowed mother and numerous relatives of whom I am one, all reside in this place and vicinity, consisting of half of this county, (Mercer, Ky.). He was taken prisoner near Chihuahua last fall and condemned to be shot as a Mexican traitor having lived in that place as a merchant and was returning to Chihuahua to look after his affairs from Santa Fe, having been of essential service to Genl. Kearney was in advance of him on his march to California. His sentence was suspended at the request of Governor Amijo, his wife being a relation, Mr. Magoffin never became a citizen of Mexico, altho authorized to be so, always declined. His wife is dead and his children are at school in this state and Missouri, when Col. Donaphan approached Chihuahua he was sent off a prisoner to Durango where I understand he is now detained, still subject to his original sentence. Will you be so good as to request General Taylor to take immediate steps for his safety and release. Mr. Magoffin was born in this place and his friends take a deep interest in his release.

I hope you will indulge me in saying a few words about the Mexican War, which has been conducted so far with an energy highly honorable to the President and yourself, in the face of an opposition dishonorable to the Leading Whigs whose hypocrisy is only equaled by their impudence, many of them would disgrace their country to injure the President. I hope you will go straight ahead without regarding their clamors. The people are getting right in this State, and if we do not elect some three or four Democrats, it will not he for want of trying. In this District Mr. Charles A. Wickliffe is making a strong impression. His opponent is compelled to say he will vote men and money for the war, altho he is foolish enough to say that the President blundered into the war and that Texas is not worth having or California either, and this has weakened him with honest Whigs. There seems to he some uneasiness as to what we are to do if Mexico still refuses to treat. For my part I think our course is a plain one. I know something of the Spanish character. They are a proud, haughty people and kindness and forbearance is lost upon them. Gratitude is not one of their virtues, and conciliation can only be made through their fears. The masses are ignorant and under the absolute control of their priests, who are venal and corrupt. Touch their money and you reach their hearts. Make it their interest to have peace and we will soon have it. They care not for the common people and it is only when they are made to feel [fear] that they become humble as spaniels. When Genl. Scott reaches the city of Mexico his first duty will be to unite with one of their parties, the priests included, and have a government organized to suit the times. Capture St. Ana Alamonts, Salas, and others or drive them out of the country. If any more of their generals, colonels, etc., are taken send them all to New Orleans, release none of them. They will promise anything when in our power, and the next moment betray and cut our throats, and if nothing else will do separate the northern provinces from Mexico, as Yucatan now is, but we will have to protect any party we may side with for some time. There is too much ignorance to understand at present a federal Government, and a central government never can control the whole. We must have California and New Mexico, at least by way of indemnity, and then there the Rio Del Norte may be the line to a line running west of the Gila River. England may be induced to agree to this by paying the purchase money to her creditors, but it is true that England and France have heretofore by their intrigues created all this hostile feeling in Mexico against the United States. It is now their interest to have peace. I know that England for years kept the feelings of all the South American Republics jealous of us and at this moment they can do much for peace if they chose. Our Whig papers and speeches in Congress have done more to keep up this war than anything else. General Scott should be instructed to embargo all newspaper going to the city of Mexico or suspicious letters, as they have their spies and partisans at Washington City and at New Orleans - stop this channel of communication, and you stop all the fuel to this war. Cut it up root and branch and let martial law prevail in the city of Mexico and Vera Cruz. If General Scott and Taylor will do this we will not hear any more Corwin's speeches or "our Friend" in the United States. It is not generally known what immense number of our papers are sent to all those South American Republics and to Mexico. When at Bagota from 1833 to 1837 I could always find the National Intelligencer and other Whig papers, abusing our Government when mine were left behind.

Yours truly with high respect,
ROBERT B. McAFEE.

1918 Kansas and Kansans Previous Section Next Section

A Standard History of Kansas and Kansans , written and compiled by William E. Connelley, transcribed by Carolyn Ward, 1998.