his conduct in the negotiations with Slidell and with Trist confirms their opinion. In the latter case all the strength of his entourage was required to make him face the situation.
19. 76Rosa to Herrera, Sept. 29. México á través, iv, 700. Gamboa, Impug., 65. 52Trist, nos. 16, confid., Sept. 27; 17, confid., Oct. 1; 18, Oct. 25. 52d. to Hetty Parker, Sept. 28. Colección de Documentos, 110. 80México legislature, decree, Sept. 23. 80Id., comtee. on constit. points, report, Sept. 18. 80Olaguíbel to Méx. legisl., Sept. 25. 80Michoacdn legislature, decree, Sept. 24. Roa Bárcena, Recuerdos, 566. Negrete, Invasión, 11, app., 155-61. (Toluca) Revue de Paris, Dec., 1844; Encarnacion Prisoners, 75. 73Lozano, no. 9, 1847.
Peña admitted that it was impossible to fulfil the constitutional requirements, but said it was a public duty to establish a government as near them as was practicable (Colec. de Docs., 110). The legislature of México state denounced Peña as representing the peace element, and refused to recognize any federal authority except the Lagos Coalition; but its decree was not favorably received by the public, and Olaguíbel would not promulgate it.
20. 75Circular del . . . Peña . . . á los Gobernadores, Sept.27. 75Circulares del min. de relac., Sept. 27. 75Peña, manifiesto, Oct. 138. 75Rosa to prest. of Congress, Oct. 14. 52Trist, no. 16, confid., Sept. 27. Communicaciones habidas. Correo Nacional, Oct. 18. Negrete, Invasión, iii, app., 176, 408-11, 421-6, 469-83. S. Anna, Mi Historia, 90. 6Anderson papers. 76Peña, circular, Nov. 16. 6S. Anna to J. M. Guerra, Oct. 25. Id., Contestación al Oficio. Id., Comunicación Oficial. Sen. 1; 30, 1, p. 385 (Scott). 75S. Anna to Congress, Nov. 1.
Scott assisted Peña by giving safe-conducts to several members of Congress (Sen. 1: 30, 1, p. 385). Santa Anna took the ground that he was still legally responsible for the government of the country, and therefore must be allowed to exercise the powers of a President. Nov. 1 he made this demand formally (Negrete, Invasión, iii, app., 469). He also tried to create trouble for the new government by proclaiming that his removal from the command of the army was intended to cause his personal destruction or to pave the way for a disgraceful peace. He further said he could not be placed on trial until Congress should declare there were grounds for trying him. But he found he had no prestige left. Rosa said to Santa Anna that his resignation of the Presidency had been consummated by actually giving up the executive power, and that, in view of public opinion, it would be impossible to prove Peñia's impartiality and maintain discipline in the army, unless the conduct of the general defeated at Cerro Gordo and in the later battles were officially inquired into (ibid., 421). In reply to another letter from Santa Anna he said (Nov. 11) that Peña would not discuss the resignation further, that his authority had been recognized by all the states and by Congress, and that Congress admitted no right on Santa Anna's part to resume the Presidency. In January, 1848, Rosa issued a circular reproaching Santa Anna for his past political conduct.
21. 76M. Ocampo, Nov. 27. 76Comte. gen. Oaxaca, Mar. 16, 1848. 76Guerra to Relaciones, Feb. 14. 76Gov. Oaxaca to Relaciones, Dec. 27, 1847. 76Milit. comte. Orizaba, Jan. 20, 1848. México á través, iv, 699-700. Kenly, Md. Vol., 391-7. Sen. 52; 30,1, pp. 205-6. 76S. Anna to Reyes, Oct. 16, 1847. Correo Nacional, Oct. 26, 1847; Apr. 4, 1848. 76J. M. Miñón to Guerra, Oct. 20. Comunicaciones habidas. 47Perry, Nov. 3. Eco del Comercio, Apr. 6, 1848. Rivera, Jalapa, iii,
