The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-26
For the Union.
MEXICO AGAINST THE UNITED STATES


No. 10.
We have arrived at the period when the conven-
ton of 1899 became solemnzed and perfected, by
the exchange Of ratifcations on the 9Th of April,
ls40
II now becomes our duty to exhibit the course
which Mexico pursued, to prevent this treaty from
fulfilling the hopes which had been entertained by
the parties whose claims were provided for in it.
Every artifce which the most refined ingenuity
could invent, was resorted to; every embarrassment
was thrown in the way Of the claimants; every de-
lay in the progress of the business Of the board was
interposed; every bubble was employed to pervert
the course of justice; and, unfortunately, these
Vaccinations proved but too successful
The third article provided that the board of COM
mssioners created under il should meet in the city
Of Washington within three months after the ex-
change of the ratifcations This was the first act
to be done. The time was duly notified and the
day fixed pursuant to the treaty was the It'll Of
July This provision of the convention was broken
by Mexico. The commissioners were not appoint
ed by her until the Goth of june and did not reach
Washington until the 18th August. The govern
ment of the United States had then perfect right to
declare the whole arrangement at an end.
The commissioners, however, assembled on the
18th August and, by the terms Of the treaty, their
functions were to expire in eighteen months from
the time of the meeting of the board. II became
matter of some moment to Mexico so to manage
matters that large portion Of this time should
be wasted possible and as little left for the actual
transaction of business. The report of the Amer-
can commissioners, transmitted by the President to
Congress June 10, 1e42, (Sen. Doc 800, 9th
Cong, I'd sess. will show how faithfully and ex.
clusvely these objects were pursued, and how sue
cessfuly they were accomplished. It was not until
the 25th of December, ls4O-more than four months
after the first meeting of the board-that the first
cause was brought before it for hearing upon its
merits. (Sen. Doc Ga, 9th Cong, LIST sess.) Near
y onefourth of the entire period allotted for its ex-
istence had been consumed, before one step had
been made in the actual business for which it had
been created; and on the 26th May, l84l--iive
months later, and when more than half the time
during which it was to continue had expired-but
twelve cases had been defnitively adjusted
In the conduct Of the business, the Mexicans ex-
hibited disposition to thwart its progress in every
conceivable mode. No rules or regulations were
adopted for the transaction Of business form pre-
scribed for the claimants to pursue in the presenta-
ton of their cases; in fact, they utterly precu
ded from "a access to il, in person by their
agents; and even the right to present trapsmt d.
rectly TO it any paper document written proofs ,"
(ibid) These measures were resisted and combat
ted by the American members of the board with
equal earnestness and ability. They considered
them erroneous, and they believed that the adop-
ton Of them would be very preudicia if not entire
destructive, to the interests Of the compainans
The very constitution of the board, composed of two
representatives Of each country precuded the possi
bity Of arriving at any satisfactory result; and the
Mexicans would have been completely successful in
have prevented decision any case but that the
American members of the board, "seeing prospect
of coming to an agreement on this important point,
and it not being one which, according to the provi-
sons in the convention, could be submitted to the
| UMPIRE" acquiesced in wrong which they had no
power to prevent redress, "under apprehension
that the objects of the two governments in nsttutng
the commission" would be defeated This was
done so as to leave il the claimants "at their OPP
tion to avail themselves of the circuitous mode of
getting their cases before the board" The Amer
lean commissioners inform their government, that
as all the efforts Of the undersigned to procure for
them he olamants) the exercise of their just rights
had been unavaling, and to insist upon its being as
scented to by their colleagues would have rendered
the convention entirely abortive, the undersigned
consented to proceed in the business for which the
board was organized, without obtaining from their
colleagues recognition Of the obvious right of the
claimants, Of direct access to the board"-(ibd.)
What were the prospects Of a fair and impartial
hearing before tribunal to which the complaining
party was prohibited access, either in person or by
his agents-where no written communication from
him would be recevsd-where he could present no
evidence TO subsantiatc his claim, no argument to
establish his rights--where testimony against him
was received which he was not allowed to know
of and reasons assigned for rejecting his demands
which he was forbidden to hear-may well be con-
ceived by all who have experience in judicial mat
ters.
The subject was brought under the notice of the
government as early as October, 1910, by some of
the parties, in memorial, of which we shall pre-
sent an extract ain the first place, we would sug-
gest whether the entire design and object Of the
government of the United States has not been eva
ded, or counteracted, by that of Mexico. No doubt
exists in minds, that our own government, in the
conversion with Mexico, designed to create judi
cial tribunal, which should, under all the high sane
tons Of the judicial character, examine into and adj
udicate upon the merits of the several claims which
might be submitted to its decision. The uniform
practice in similar cases, the language of the con-
vention itself, the phraseology Of the net Of Con-
gress which passed to carry it into effect, and
the clear and distinct communication of this design
throughout the negotiations which terminated in
this arrangement, and all, are too plain to admit
Of doubt upon this subject.
.Such, however, we apprehend, was not the de-
sign of the Mexican government; and such, I'M
quesonably is not the view taken Of the matter by
the Mexican commissioners. The journals of the
board show that upon this point, wide and essen
Ill Iond halicve