could not say “Yes,” and he would not say “No.” He did not answer that question at all, but caused the Texan government to be informed that the Senate had been canvassed, and that there was not the slightest doubt of the necessary two thirds majority being in favor of the annexation treaty. But the Texan government, anxious to obtain assurances of protection, addressed the same question which Upshur had left unanswered to Murphy, the diplomatic agent of the United States in Texas. Murphy replied without hesitation, in the name of his government, that neither Mexico nor any other power would be permitted by the United States to invade Texas on account of the negotiation. This satisfied the Texan government, which informed Murphy that a special envoy, General Henderson, would forthwith be sent to Washington with full power to conclude the treaty. A few days afterwards President Houston rejected, for a reason of punctilio, an armistice which had been concluded between the Texan and Mexican commissioners.
But before the Texan envoy, Henderson, reached Washington, Upshur had lost his life by the explosion of the gun “Peacemaker” on board the United States frigate Princeton. The Attorney General, Nelson, who was temporarily charged with the State Department, informed Murphy that the President, without being authorized to that effect by Congress, had no constitutional power to employ the army and navy against a foreign na-
