The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1842-08-25
IN SENATE OF THE UNITED STATES.
AUGUST 10, 1912



te'red the memorial Of John Baldscin, w S. Pnrott,
G. L. Thompson, and Others IN relation to the claims
Of Themselves and others, citizens If the United States
against the Government Of JMerico ind also the me
nsorial Of aaron Legge, another claimant, represent
ing the grievances sustained by him from the autho,i-
ties Of ereo, and appealing to Congress for redress
together with numerous documents from the Depart
ntet Of State relating to the subjects Of these e"ori-
ais, hare had the under their consideration, and
Deg leaue to report
In reviewing the history ofthe relations which have
existed between the United States and Mexico, it is
painful 10 observe in how many instances the proper
y liberty, and personal security of our citizens
as well as the national rights and dignity, have been
violated and outraged by neishboring Power, with
which 1t has ever been policy to maintain the most
friendly intercourse The Cover nment of the United
States In seeking the redress for these injuries which
respect for its own character less than the protec-
ton due to It's citizens urgently demanded has at all
times exhibited moderation and forbearance in
pressing its just claims, which nothing but the most
anxious desire for the cultivation of harmony and
good neighborhoOd with youthful republic, Just rs-
ing into an independent national existence on the
same continent with ITSELF could have prompted
cused. AT length, after various abortive expert
ments, assuming In one instance: the shape of for
NAL arrangement agreed upon W tn its minister here,
hut which the Government of Mexico failed to ratify,
and through patient and persevering adherence by
the United States to every honorable of pacific
adjustment, convention was concluded and ratified
by both powers for the settlement of these unpleasant
subjects of controversy
Under this convention mixed commission, con-
slstlng OF two MEMBERS being its citizens, APP
pointed by the Government of Mexico, and of TWO
others, citizens Of the United States appointed by the
Government of the Union. organized in the city
OF Washington on the 18th of August 1910. BY
the terms of the convention all claims of citizens of
OF the United States upon the Mexican Govern
Notwithstanding of which, soliciting the nterpo-
q mt IF no nitaIS fate had
been presented to the Department of State OF to the
diplomatic agent Of the United States Mexico prior
to the signature of the convenonwere to be refer
red to these commissioners who to be i'm
partially to examine and decide upon the said claims,
according to such evidence should be laid before
them on the part of the United States and the Next
can republic respectively the Mexican Government
engaging to furnish all such documents and expana-
tons as might be in their possession touching the said
claims, whenever a demand should be made upon
them, accompanied with specification of the docu-
ments required. The said board of commissioners
was to terminate its duties within eighteen months
from the time OF its meeting in the city Of Washing
ton; and it was provided, in the event of the COM
mssioners dsagreeing in relation to any of the afore
said claims, that the points which they differed
and the grounds which their respective opinions
were found, should be submitted to the decision of
an arbiter or umpire, to be appointed by his majesty
the king Of Prussia and that the decisions of the said
umpire should be final and conclusive on all the mat
L
be found due to the claimants either by the decision
OF the board of commissioners or that of the umpire
was to be paid by the Mexican Government with a
stipulation that if it should not be convenient for the
Mexican Government to pay al once the amount so
found due, it should be at liberty immediately after
the decisions in the several cases. to issue therefor
treasury notes, of the description, and under the
limitations set forth in the convention bearing an in
terest of eight per centum per aunum from the date
OF the award on the claim, in payment of which the
said treasury notes shall have been issued and the
United States agreed to exOnerate the Mexican Gov
for ever from any further accountability
for claims which shall either be rejected by the board
or the arbiter aforesaid, which, being aotoed by
either, shall be provided for by the said Government
in the manner before mentioned.
The committee do not deem it necessary or proper
at this time, to enter into detailed review of the
proceedings of the commission, in execution of the
provisions OF this convention. 1t is sufficient to OBJ
that very serious complaints are alleged by the
against the course of the Mexican COM
missoners. in both the interpretation and execution
OF the high trust devoved upon them by the conven-
tion In the very outset of their Joint abors they
differed radically from the American commissioners
to the character of their fnctonsunder the con-
venton, and as to the rules proper to be established
for the government OF their proceedings, and to ia
ctate and methodize the prosecution of the claims
before the board. These differences, which, by the
tenacity with which the Mexican commissioners adj
hered to their peculiar views terminated in denying
all direct access to the board by the claimants or their
agents, for the conduct and management of their
caused, consumed so much of the time of the COM
mission, that they did not enter upon the consdera-
ton OF any OF the claims presented for their decision
until several months from the period of their organi
cation, had elapsed. 1t has thus happened that the
eighteen months, to which the duration of the COM
mission limited by the convention have expired.
leaving many important claims against the Mexican
Government undisposed Of either because they were
not defntively acted upon by the board, or having
been acted upon by the board and presented to the
umpire for his decision upon the disagreeng opinions
of the commissioners, they were returned by him I'M
decided, in consequence of his not having time to ex
anime them before the expiration of the commission
when he considered his own authority and functions
as also terminating. However much the results of
this opinion of the umpire may be to be regretted,
the committee deem it due to the high character of
that distinguished functonary to say that his perfect
in forming it, as well as in pronoun-
cling all his other decisions above the reach of inn
putation suspicion.
In regard to the claims thus undisposed of at the
expiration of the mixed commission, the committee
of opinion Notwithstanding the intimation to the
contrary contained in two letters of the Mexican
commissioners, addressed to the Secretary of State
on the 25h and Goth of February last that they are
to be regarded as still subsisting claims against the
Government OF Mexico, in manner whatever
barred by the convention or the proceedings under it,
and entitled according to their intrinsic merits to
the faithful countenance and support of the Govern
ment OF the United States in prosecuting them to
final adjustment. Such of the claims as have been
allowed and their amount ascerlained, by the deci-
sion of the board of commissioners or of the umpire
WILL of course, be the subject of immediate mand
for payment and satisfaction. That satisfaction, to
fulfil the acquisitions of good faith the plain intention
of the convention, and the only rational end and pur
pose of the whole transaction between the two Gov
must, in every contingency, be rendered
in substantial value and if not convenient to be paid
:" at once, Ito use the language of the convention)
in money must be rendered by substituting such evil
giving to the Mexican Government further time for
the performance of its obligations, shall entitle the
holder, at his option, to ultimate and efectual pay.
ment in money.
Such, the committee have reason to believe, are
the views which have been already expressed by the