The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1844-12-07
CORRESPONDENTS WITH MEXICO AND
TEXAS ON THE SUBJECT OF ANNEX
ALTON.

DEPARTMENT or STATE,

of your letter of the 18th of April last announcing
your acceptance OF the appointment rendered you by
the President of the United States envoy extrao-
binary and minister plenipotentiary the republic OF
Mexico and notifying this department OF your readi-
TO enter on the discharge OF The duties oil your
Office
You have already received your commission and
herewith enclose you full power, special piss
port, printed personal Instructions, sealed letter ac-
credtng you to the President Of the Mexican repub-
lie, and open copy of the same for your own use
In presenting this letter of sredence to the President
you will avail yourself OF the occasion TO express TO
the President of Mexico the sincere desire of the
President of the United States TO maintain the most
smicable relations with the government OF the Me1
republic, and his purpose to promote this end by
every proper means In his power
BY convention between the United States and the
Mexican republic signed on the ilth day of April
1889, joint commission was agreed upon, for the
purpose of adjusting the claims OF the cze OF the
former on the government Of the latter. This COM
mission, agreeaby TO the provisions of the convention
met in the city of Washington in August, 1910; but
much of The time allowed for the transaction and close
of its business was consumed by the commissioners
of the two governments in discussing the organiza-
ton of the board and proper forms of procedure to
be adopted before it, The consequence was, that, at
the expiration Of the period when, by the terms OF
the convention, the commission should expire, many
Of the claims submitted for its decision remained I'M
decided by the board while others referred to the
umpire left in the state, as he considered
his functions terminating with those OF the commis-
sion.
The convention also provided that the claims
which should be allowed might be discharged by the
payment of Mexican treasury notes; but as these
were much deprecated in value at the time when the
commission expired, it became matter OF Importance
to effect arrangement by which specie should be
substituted in their stead. 10 this end, your prede-
cessor was empowered and instructed to enter INTO
negotiation with the government OF Mexico and
convention concluded on the 3Oh day OF Janua-
n.y. l843, providing for the payment OF The awards,
and the interest accruing thereon, in specie in I'VE
years from the 3Oth day Of April, 1912 in equal IN
stalments every three months. These instruments
have been paid punclually, with the exception of that
which fell due in the month of February last-a part
only of which paid on the day and though the
balance has since been discharged it is important TO
the interests involved that the strictes punctuay
should be observed. The last nstanent due on the
30th day of April, 1874, had not been paid at the
date of our last advlces from Mr.. Green the charge
daares ad interim of the United States, though re-
Pested applications had been made by him to the min
lister of foreign relations. This neglect of solemn
and express supuations cannot be otherwise regarded
than violations of national faith, injurious alike to
the honor of Mexico and the interests of the United
States 1t WILL therefore, be your duty TO remonstrnie
in the strongest terms, against this apparent ndlt
ference to the obligations of contracts, and TO urge
upon the government of Mexico the necessity of COM
plying with the stpulaions Of the convention agree
ably TO its terms.
You will find on the files of the legation cores
pondence between your predecessor Mr. Thomp-
sony and the Mexican min lster of foreign relations
in regard an order addressed by the Mexican Sec
retary of War dated the l4th Of July, lS43 to The
governors OF the States Of California, Sonora, Sina
loa, and chihuahua, directing the expulsion OF the
citizens of The United States from their territories
respectively. The result of this correspondence
to have been none other than an enlargement OF
the terms OF the ordeT so as TO embrace foreigners
Uenerally such of them Is might be deemed
gran s, or dangerous to the public peace.
1t Is not designed to enter into grave argument to
expose the character Of such order, show It's
opposition to the treaty Of the 9th of April 1881
The correspondence referred TO will put you pos
session OF the points in issue and of the views of the
government in regard to them.
As large number of our citizens, for the purpose
of trade have settled themselves in the States refer
red to, whose property and liberty may be endanger-
ed in its enforcement, II will be necessary that you
give TO the subject your earliest attention. You will
perceive, by reference to the correspondence on The
files Of the legation that the governors of the States
10 whom the order is addressed empowered arbi
tranly to fix the time when those deemed obno xious
shall leave the country, while opportunity seems
to be voucnsafed the suspected to vndicate their
Characters. In the execution of such order 1t Is
more than probable that much individual wrong and
suffering may be inflicted; and while you will protest
in strong terms against the order itself fragrant
violation OF the treaty of 1881, you will at the same
time exert your utmost vigilance to protect the per-
sons and property of those who may be made njustly
the subjects of It's operations EnjoIning citl
rsns or the one hand, proper obedience to the laws
oi Mexico, as condition OF your Interference In
their behalf; and, on the other, giving the Mexican
government to understand that the United States
cannot allow their citizens indu to take up their
residence IN is territories under the solemn sanction
of treaty, to be driven from their abodes other
wise injured in their persons or property, on frivolous
preterts.
Anal her uastta of yary tr,po nd
which is still pending between the two governments,
grows out of the Mexican decree Of the 23d Septem
Der, lo43 prohibit ng foreigners resident in Mexico
from engaging in the retail trade Your predecessor
Mr. Thompson) was instructed to protest against
the application of the decree to the citizens ofthe Uni
ted States as a direct and palpable Infringement, sf
the Sd article of the treaty of 1881 and incompati-
bic with other siipulaions contained in it. The
Mexican Minister for Foreign Affairs attempts to
sustain the decree the general ground, that by the
treaty citizens of each country resident in the other
are subject to their respective laws and usages.-
This, as general truth, may be admitted but sure
ly It cannot be pretended that rights guaranteed by
treaty between two independent powers may be
abridged modified by the municipal regulations OF
one of the parties, without and against the consent Of
the other. Such position is so utterly untenable,
that would be needless to dwell on it,
This subject will demand your prompt attention;
Tor It is of the highest importance to prevent the in
justice, injury, and distress which must necessarily
attend the execution Of the decree rather than to
sort to pro,racted negotiations in order to repair
them.
You will therefore inform the Government OF
Mexico, IN firm but conciliatory language, that,
while the United States coDcede TO Mexico the right
to enact laws not inconsistent with her treaty stipu.
lsions, they cannot tamely submit to the execution
OF this decree and that it is confidently expected
will be countermanded, 50 far as their citizens are
concerned.
Another decree, dated in August last was also is
sued by the Mexican Government, which appears 10
conflict, very clearly, with the stipulatons Of the
treaty Of 1881. By the 4th article Of this decree,
merchandise lawfully imported into the territories OF
Mexico is subjected to forfeiture, after limited
time, unless II be sold OF re-shipped in one year
lhis is so obviously in CONFIRMATION of the Goth
article Of the treaty existing between the two coun.