104 Fred Wilbur Powell
who was boarding at his expense, having some of his papers upon which an arrangement to that effect had been made with the proprietor of the stage house. This charge was paid upon threat of seizure of baggage; but Kelley refused to pay for Foster's passage from Vera Cruz or for his lodgings. His baggage was attached, and the irrepressible Foster laid claim to some of it, but the magistrate decided the matter in Kelley's favor.
Kelley then transferred his quarters from the stage house to the Washington hotel, which was the only other public house open to foreigners. The proprietor was an American, and "among the guests there were Col. Austin, the founder of the first settlement of the Americans in Texas, Col. Hodg- kiss and Gen. Mason from Virginia, and several other distin- guished Americans. Their purpose in that country was to bring about the annexation of Texas to the United States." Upon invitation of the American consul, James S. Wilcox, Kelley spent several weeks as his guest at his residence on Lake Chalco, a short distance from the city.*
At the American legation Kelley renewed his appeal for the release of his goods, 1)ut was told that there was little likelihood of favorable action by the Mexican government, a prediction which was in accord with the fact.*
Unlike most zealots, Kelley seems to have been incapable of giving his whole attention to his main project. When he left New England the enthusiasm for railroads was at its height.
3 Settlement of Oregon, 36-9.
4 Letter of Anthony Butler to Carlos Garcia, secretary of state, Tuly 11, 1833, and reply of Garcia, September ly, 1833, in 25 cong. 3 sess. H. ex. doc. 351:481-3, 487. Butler declared that the action of the customs officers was not only in vio-
? purposes, instead of Seing designed solely for the personal use of the individuals orming the expedition, yet^ in such event, the object being merely to land the goods at one port, and, passing through the countrv, to trans-ship them at another, the treatv provides that such merchandise would be entitled to drawback; that is to say. that the bond given for duties, if the goods were sold within the republic, shall DC cancelled and delivered up to the owner, upon the reshipment of the merchandise. If, however, the articles landed by Mr. Kellv be examined, they will be found to consist of implements of agriculture, tools for difiFerent branches of the mechanical profession, and remnants of coarse goods, such as are indis- pensably necessary tor persons forming a new settlement in a wilderness entirely removed beyond the limits of civilization." According to Kellev, his loss at Vera Gnu amounted to $1150. — ^Kelley, Narrative of Events and Difficulties, 7.