The New York herald., 1844-12-07

tachment Of United States troops commanded by
Captain Cooke, and the forclble entry and taking
away from the custom house on Red rver OF sun
dry goods and merchandise by certain citizens of
the United States.
BY note recently received from the honorable
G. II. Raymond. acting charge d'affaires of the
referred TO in my note 10 Mr.. Van Zandt, of the
l4h of August last, has not yet been received by
him.
All which is respectfully submitted ,
To the President Of the United States.
Correspondence with Mexico and Texas on
the subject OF Annexation.
Ma. CALHOUN TO Mr.. SHANNON.
DEPARTMENT OF STATE,
WASHINGTON, June 20, 1874.
SlR:-l have the honor to acknowledge the re-
cept Of your letter Of the 17th of April last,
nouncng your acceptance Of the appointment ten
dered you by the President Of the United States as
envoy extraordinary and minister plenlpotentiary
to the republic OF Mexico, and Notifying this de-
partment OF your readiness TO enter on the dis
charge OF the duties Of your Office.
You have already received your commission; and
herewith enclose to you full power, special
passport, printed personal Instructions, sealed let
ter accredltlng you to the President OF the Mex
own use. In pre- senting this letter Of credence to
the President, you will avail yourself Of the occa-
sion to express to the President of Mexico the sim
cere desire of the President of the Uuted States
government of the Mexican republic, and his pur-
pose to promote this end by every proper means in
his power.
BY convention between the United States and
the Mexican republic, signed on the llth day OF
April, 1889, joint commission was agreed upon,
for the purpose of adjusting the claims OF the cltl
zens of the former on the government Of the lat
ter This Commission, agrecably to the provisions
OF the convention, met in the city Of Washington,
in August, 1910; but much OF the time allowed tor
The transaction and close of it's business was con-
sumed by the commissioners OF the two govern
ments in discussing the organization OF the board,
aud proper forms OF procedure TO be adopted before
1t. The consequence was, that, at the expiration
OF the period when, by the terms OF the conven-
tion, the commission should expire, many OF the
claims submitted for its decision remained undeci-
ded by the board while others referred to the um.
pire were left In the same state, as he considered
his functions terminating with those OF the COM
mission.
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 line
when the commission expired, 1t became a matter
Of Importance to effect some arrangement by which
specie should be substituted in their stead. TO
this end, your predecessor was empowered and In
structed 10 enter into negotiation with the go
verDment OF Mexico; and a convention was con-
cluded on the Both day OF January, l843, providing
tor the payment of the awards, and the interest ac-
cruing thereon. in specie, in five years from the
aeaz Of April laas a p peen paid
in the month OF February last-apart only Of which
was paid on the day; and though the balance has
since been discharged, 1t is important to the inter
ess involved that the srictest punctualty should be
observed. The last instament, due on the SOsh day
OF April, 1884, had not been paid at the date OF our
last advces from Mr.. Green, the charge d'affaires
ad interim Of the United States, though repeated
applications had been made by him tc the Minister
OF Foreign Relations. This neglect Of solemn and
express stipuations cannot be otherwise regarded
than as violations of national faith Injurious alike
to the honor of Mexico and the interests of the
United States II will therefore, be your duty TO
remoDstIate, in the strongest terms, against this
apparent indifference to the obligations OF contracts
and to urge upon the government OF Mexico the
necessity Of complying with the stpulatl0ns OF the
convention agreeably to its terms.
.Yon will find on the files of the legation corre-
spondence between your predecessor (Mr. Thomp-
sony and the Mexican Minister on Foreign Rela-
tons in regard 10 an order addressed by the Mexl-
can Secretary OF War, dated the l4lh OF July ,lSl3,
to the governors Of the States Of California enora,
Slnaoa, and Chihuahua, directing the expulsion OF
the citizens OF the United States from their Terri
tories respectively. The result of this correspon-
dence seems to have been none other than an en-
largement of the terms OF the order, so as to en-
brace foreigners generally, or such OF them as
might be deemed vagranls, or dangerous to the
public peace.
Ii is not designed to enter into grave argument
to expose the character of ruch an order, or to
show It's opposition to the treaty OF the 9th OF April
1881. The correspondence referred to will put you
IN possession OF the points In issue, and OF the
views OF the government In regard to them.
As large number OF our cillzens, tor the purpose
of trade, have settled themselves the States re-
ferred to, whose property and liberty may be en-
dangered IN its enforcement, 1t will be necessary
that you give to the subject your earliest attention
You will perceive, by reference to the correspon-
dence on the files OF the legation, that the COVER,
nOrs OF the States to whom the order IS addressed
are empowered arbitrarily to fix the time when
those deemed obnoxious shall leave the country,
while opportunity seems TO be vouchsated to the
suspected TO vindicate their characters. In the ex-
ecution OF such an order, 1t IS more than probable
Inflicted and while you will protest IN strong terms
against the order ITSELF as fdgrant violation OF
the treaty OF 1881, you will at the same time, exert
your utmost vigilance to protect the persons anu
properly of those who may be made uDJustly the
subjects OF its operations Enjonng on our citizens,
on the one hand, proper obedience to the laws
OF Mexico, as condition OF your interference In
their behalf; and on the other, giving the Mexican
government 10 understand that the United States
cannot allow their citizens, induced to take up
their residence IN It's territories under the solemn
sanction OF treaty, to be driven from their abodes,
or otherwise injured in their persons or properly,
on frivolous pretexts.
Another question of very grave importance, and
which is stI pending between the two govern
ments, grows out of the Mexican decree OF the ZSt
o. September, 1913, prohibiting foreigners resident
In Mexico from engaging In the retail trade. Your
predecessor (Mr. Thompson) was instructed TO pro-
Test against the application oi this decree to the
citizens OF the United States, as direct and palpa.
Bile infringement OF the Sd article of the treaty OF
1881, and incompatible with other stipulatlons
contained IN it. The Mexican Minister tor Foreign
Affairs attempts TO sustain the decree on the
general ground, that by the treaty the citizens OF
each country resident in the other are subject to
their respective laws and usages. This, as gene.
era truth, may be admitted but surely it cannot
be pretended that rights guaranteed by treaty be-
tween two independent powers may be abridged or
modified by the municipal regulations Of one Of
the parties without and against the consent of the
other. Such a position Is so utterly untenable,
that il would be needless to dwell on il.
This subject will demand your prompt attention
for il is of the highest Importance to prevent the
injustice, injury, and distress which must necessa-
riy attend the execution Of the decree, rather than
resort to protracted negotiations IN order to re-
pair them.
You will, therefore, inform the government OF
Mexico, in firm but concIllat0ry language, that,
while The United States concede to Mexico the
right 10 enact laws not inconsistent with her treaty
"a they cannot tamelv subrnit tn the exc.