The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-05-17
For the Union
MEXICO-No.. 8


She despatched minister to the United States; dis
at Washington; and negotiations were resumed for
the purpose of adjusting the matter in controversy
between the two powers.
On the arrival Of Mr.. Martinez (the new envoy)
in Washington, communications were opened be-
tween him and MIR. Forsyth, and the proceedings
will be found at length in 25th Con. Sd sess. House
doc. No 252. On the 29th August, 1893, Mr.. Mar
tinez presented to Mr.. Forsyth an "informal memo
randum," containing prcje for the contemplated
arrangement consisting of eight articles. OF these
only one related to claims which ''Mexico has
brought or may bring, against the United States"
proposing the submission Of them to the decision Of
the commissioners to whom the American claims
were to be referred for adjudication. This alusion
to the claims of Mexico upon the United States, it
will be perceived by reference to the document cited
was couched in the most general terms, and was un-
accompanied by any specification of their nature,
character, or extent. In the "informal memorandum
presented in reply by Mr.. Forsyth" on the 3lst
August, the Secretary Of State says; "We are not
appraised of the existence of any claims of Mexico
upon the United States"
III is furtner 10 DC REMARKED tnat, through ule
whole course of the correspondence between the
representatives of the two governments, in the ar
rangement which, so far as regards the pecuniary
claims of American citizens upon Mexico, was
agreed upon as early as the Sd September; and in
the convention itself, which was signed by the re-
spec,ive parties on the 10th September, not the
slightest allusion is again made to any causes
of complaint on the part Of either the
government or the citizens of Mexico against the
government or citizens of the United States. This
is most pregnant circumstance. 1t cannot admit
of question that, if such Of complaint existed
they would have been urged with all the strength
which could be given to them at such period; and
it is calculated to awaken SURPRISE if, when Mexico
was thus reluctantly yielding to the imperative de-
mands upon her to make provision for the adjust
ment of the claims existing against her-when these
claims of the American government for matters in
volving national honor were especially excluded
from this arrangement and reserved for future and
diplomatic settemen---that she never bresthed a
whisper with regard to any counter claims, of the
existence of which she had been apprised that we
were, up to that moment, utterly ignorant, and
which, therefore, if she supposed such to exist, it
was her business, well interest, to state fully
and distinctly
The date of this correspondence and convention
August and September, l835-are important cir
cumstances in the historical narrative in which we
are at present employed. Up to this period the
United States was wholly ignorant of any preten-
sion of claim by Mexico for national wrongs in
suits; and although invited by this declaration to an
nounce them, they were Significantly silent 1t is
not merely the poet, but the lawyer and the states
man, who tell us there is "silence that speaks"
| The convention which recognised the existence Of
claims of citizens of the United States upon the gov
eminent of Mexico was signed on the 10th day Of
September, 1888; and by the 18th article it was pro-
vided, that the Publications should "be exchanged at
! Washington within five months from the signature,
or sooner, If possible" II was duly ratified, with
the sanction of the Senate, by the Executive of the
United States, and this fact communicated to the
Mexican authorities. The American Secretary of
State was informed, by the Mexican minister
who conducted the negotiation, that he be-
licved the President of the Mexican repub-
lie chad full power to ratify the instrument
without reference of it to the legislature" Every
facility had been afforded by the authorities
of the United States to transmit this convention to
Mexico, as appears by the letter Of acknowledgment
of these kind Offices by Mr. Martinez, in his letter
of September &c, 1888; and, in consequence of these
aids, it arrived in Mexico in due time our repre-
sentatives was assured that it would be laid before
the new Congress for its ratifcation.t But, after
requesting again the assistance Of an American man
of-war, ts convey the ratification to the United
States, the Mexican secretary, in reply to offer
to furnish him with the facility he requested, in
formed the American consul that ga difficulty had
presented itself against the ratification, namely that
the King of Prussia had refused to act umpire in
the differences that might be referred to him, grow
ing out of the convention" 1t is manifest that had
such been the fact furnished not the slightest or
least plausible pretence for the act which il was ad-
duccd to Justify. The nomination of an umpire
was by no means an essential article of the arrange
ment: that might have been, convenience die
tated, postponed. 1t was deeply important, how
ever that the fundamental provisions of the conven-
ton, which had been deliberately agreed upon,
should be conclusively adjusted.
But, unfortunately, there exist strong reasons to
believe that there foundation in truth for the
assertion. As late as February III, 1889, in COM
muncatng to Mr.. Forsyth the fact that the ratfca-
ton by his government had not been transmitted to
him, the Mexican minister indicated his ignorance
of such fact and explicitly says, "that he is well
persuaded that the delay in the receipt of this docu-
ment proceeds wholly from the deporable condi-
ton in which things are well known to be in his
unfortunate country" The only evidence Of the
refusal of the King Of Prussia to execute the func-
tons of umpire, for which Office he had been select
ed by the parties, is contained in two letters from
Mr.. Jones 70 Mr.. Forsyth, under date of the 10th
January, 1899, and of the 10Th of the same month,
in which he says that il had been mentioned by the
Mexican minister. II was then designated by Mr..
Jones as frivolous obstacle;' and Mr.. Torncl was
informed that it could not consttute"any solid ground