The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-07-26

principles which must necessarily regulate such
before them, in person or by attorney, to exhibit
their own cases, apply their own testimony, and
hear the allegations and evidence which may be ad-
duced against them; they refuse to make and
such rules and regulations as every proper
ly-consttuted Judicial tribunal must necessarily
have to govern Its own proceedings and guide the
action OF the parties litigant A preliminary diff
Guilty is thus presented which, in the opinion of the
claimants, threatens to render the whole convention
nugatory, and, indeed worse than useess.n
Another peculiarly characterized the proceedings
of Mexico, in the execution Of this convention.
which indicates an entire departure, as well from
good faith, from the most obvious principles of
justice. By the first article of the treaty of 1882 it
expressly required that 'the said commissioners
shall be sworn impartialy to examine and decide
upon the said claims according to such evidence as
shall be laid before them" by the parties respec-
lively. Before the signature Of the treaty, in an
swer to a suggestion of Mr.. Martinez Mr. Forsyth
remarked that, "as the commission will be sort of
joint judicial tribunal, it does not appear to be
proper that there should be instructions to it from
the executive Of either country" This declaration
was tacity concurred in, and most faithfully adj
hered to by the United States. Mexico, however,
insdousy disregarded this at least implied pledge.
The very commissions issued by her government re-
qured each Of her representatives execute his unc
tons Gin entire conformity with the instructions that
issued him for the better execution of so mpor-
tant commission" That such instructions were,
in nd foIIo H. II Lasa -.
dividuals furnished the most pregnant evidence. But
it is now placed beyond the reach of doubt, by the
testimony of competent and well-informed wit
ness who says, that "whie in Mexico, was led to
believe, from limitations which received from
reliable source, that the commissioners appointed
on the part of Mexico, under the late convention,
had instructions to render the convention abortve,
by the delay and procrnstnation of the business of
the board beyond the time limited in the conven-
ton for the adjustment of said claims. | believe
that such instructions were gven--notin writing,
but verbally--by those intrusted at the time with
the Mexican government" 81 am not at liberty
to disclose the source from which l obtained this
information but believe it to be entitled to every
confidence" With great moderation of language did
the Committee of Foreign Relations, in their report
of the 9th August, 1912, express themselves on
this point. They say that they ''cannot but per-
ceive that the instructions under which those COM
missioners acted, and the course they pursued, in
the organization, proceedings, and final action of
the commission, were of most questionable validity,
and operated to the serious injury of the parties
interested to IMPAIR il not to defeat, many Of
the beneficial purposes contemplated by the conven-
ton" The committee further expresses its opin-
ion that this with others connected with the same
subject are questions in their present STAGE for the
consideration Of the executive, and for negotiation
between the two governments"
This subject was adverted to in the communica.
ton already cited from some Of the claimants to the
Department of State, of October 10, 1910. 1t is
there said: eThe claimants have no means of know
ing whether the instructions accompanying the pow
ers under which the Mexican commissioners act,
and which, according to our understanding, consti-
tute essential part Of those powers, have been in
any way communicated to our government. 1t does
however, appear to them, in the absence Of any in
formation on this point, that il is contrary TO every
idea they have ever attached TO Judicial tribunal
that the judges should be commissioned to de-
eide in conformity with Instructions given by one Of
the parties ltgan and that such instructions should
furnish the measure of their powers. Nor is this
apparent incongruity diminished by the fact, that
moiey ofthe court required to under powers and
its judicial discretion is to be guided by rules which
their associates neither know nor recognise. I'm
less therefore, these anomalies, thus exhibited on
the face of the documents, and illustrated by the
proceedings of the board, shall have been obviated
by other circumstances unknown to the claimants,
would respectfully suggest to the consideration
Of the executive, whether there does not exist an
inherent and vital defect in the organization Of this
tribunal, rendering it wholly incompetent to the
performance of the duties imposed on it by the
terms and provisions of the convention; whether
this defect has been the result of mere nadverence;
or whether it does indicate on the part of the
Mexican government want of that frankness and
candor which we had right to anticipate at its
hands,"
Here is presented another specimen of the solicit
tude of Mexico faithfully to adhere to her engage
ments! G.