The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-05-19
IEnclo,ure No l.-TanIlatiOn !
DEPARTMENT or FORErGE RELATIONS,
NV' IHNHENEl NE
Mexico, December IL, ls45.

the medium Of your exceLency, the documents rela-
tive to the appointment Of a commissioned OF the
government Of the United States of America for the
peaceabe settlement Of the questions at issue be-
tween the TWO republics.
As you will please TO observe TO the council, the
proposition 10 appoint such commissioner came
spontaneously from the American government,
which made 1t through the medium of its consul IN
Mexico and our government accepted II, with the
declaration that II did 50 in order TO give new
proof that even in the midst of its grievances and
Of its firm decision TO exact adequate reparatlon, It
neither repealed nor condemned the measure Of rea-
son and peace which it was invited so that the
proposition, well the acceptance rested upon
the exact and definite understanding that the com.
missioner should be appointed al hoe-that IL to
say, for the settlement Of the questions Of Texas in
a pacific and honorable manner.
As the council will also in the last official COM
munications among the documents submitted, Mr..
| John SldeIl has arrived in this capital COM
missioner of the United States, but It does not APP
pear that this gentleman has been appointed by his
government a minister instructed specially to
treat the questions of Texas, but with the gene
raj and absolute attributes Of an envoy extraorli-
nary and minister plenipotentary, and that he is TO
| reside in that character near the Mexican govern
ment IN the same manner, and almost IN the same
words used in sccrediting Mr. Wilson Shannon, as
may be seen by reference to the document on that
| subject, herewith submitted
| From these facts naturally flow the following re-
| Elections:
First The mission of this commissioner has de-
generated substantially from the class proposed on
the part Of the United States, and accepted by our
government
Secondly. If this commissioner should be re-
ceiyed simply in the character in which he appears
grounds would justly be afforded for the presump-
ton that the relations between US and the United
States remain free and open; presumption which
would be in reality most erroneous and at the same
.Fs,,r H.. a
Mexico.
Thirdly. Should he be admitted in the character
in which he presents himself however explicitly we
might protest that he received only for the
purpose of hearing his peaceful propositions re-
speeding the affairs Of Texas, it would always ap-
pear to the whole world that he had been received
as and had been minister plenpotentiary residing
near the Mexican republic; and il is evident that
this fact might serve to confuse To diminish the
most clear and direct protests.
FotTthiy. The government Of Mexico neither
could nor ought to refuse the invitation given to it
on the part Of the United States to hear and debe-
rate upon peaceful propositions respecting Texas.
In adopting this course, which morality requires,
prudence counsels, and the most learned and Judi
cIous publicists recommend, the government OBJ
served the principle which they lay down as just
and proper: GAS the evil of war is terrible, in the
same proportion nations called to reserve to
themselves the means OF terminating it. IL is there
fore necessary that they should be able to send min
listers to each other, in The midst of hosiies in
order to make propositions for peace, or tending to
diminish the fury of arms. Ii
may be stated general maxim, that the minister
Of an enemy ought always to be admitted and heard;
that is to say, that alone and Of itself is not
sufficient reason for refusing TO hear any PROPOSE
tion which an enemy may Offer, &c. But if this doc
trine be Just and rational, so also it is Just, that the
fact Of nations having assented to hear PROPOSE
tons Of peace, made to 1t by its enemy, should not
serve as means of obscuring its rights, and sencing
in that way, the demands Of its Justice Such would
be the if Mexico after asserting to receive and
hear commissioner Of the United States, who
should to make propositions Of peace respect
ing the department of Texas, should admit min
lister of that nation, absolute and general, COM
mon plenipotentary to reside near the Mexican
republic.
Filthy 1t is true that in the communication ad-
dressed to our President by the President of the
United States, it is declared that the commissioner is
informed ofthe sincere desire Of the latter to restore
cultivate, and strengthen friendship and good cor
respondence between the two countries; but it is
clear that neither this clause, nor still less the single
word restore, is sufficient to i've Mr.. Slidell the
special character Of commissioner to make PROPOSE
tons respecting Texas, calculated establish peace
firmly, and to arrest the evils Of by defnitive
settlement. The reason Of this is, that the full pow
ers of such minister should be adequate to the bu-
| sness for which he is appointed.
Sirthiy. The settlement which the United States
seek 10 effect in order to tain peace and good cor
| respondence with Mexico, which have been sus.
pended by the occurrences in Texas, is point ne
cessarly to be determined before any other whatever
and until that is terminated entirely and peacefully
it will be impossible to appoint and admit an Amer.
lean minister TO establish hs residence near the gov
| eminent Of Mexico.
| Serenthly. Moreover the President Of the United
States cannot appoint ambassadors, nor any other
public ministers, nor even consus, except with the
consent Of the Senate. This is fixed by the second
paragraph Of the second section article second of
their national constitution. But in the credentials
exhibited by Mr. Sidell, this requisite ndispensa-
BILE 10 give legality to his mission, does not APPEAR
Eligibility Nor could that requisite have appeared
as Mr.. Sldell WINS appointed by the President on
| the 10Th OF November last, and Congress did not
assemble until the first Monday Of the present
| month Of December, agreeably to the second para
graph Of the fourth section article first of the same
| constitution.
.Ninthly, and finally II ia a principle most salu-
tary and natural that he who is about to treat with
another has the right TO himself by inquiries
| as 10 the person and the powers OF the Individual
with whom he il to enter into negotiation. And
this universal principle Of jurisprudence extend,
also to affairs between nation and nation. Henc,
comes the necessity that every minister should pre-
sent his credentials; and hence his examination ant
qualification by the government to which he present.
himself
| From all these considerations the supreme CIV
eminent concludes that Mr. Slide is not entitled tC
be admitted in the case in question a commission
er Of the government Of the United States, with III,
| object Of hearing his propositions and settling upor
them the affairs Of Texas; that it will admit IN,
commissioner whenever he may present himself n
compliance with the conditions wanting in the ere,
dentIals "a above mentioned; and that this shoult
be the answer given to him. The supreme govern
ment, however, desiring to forfy its judgment, in
case OF so delicate nature, by the opinion Of il,
enlightened council, hopes that this BODY will with
out delay, communicate what considers proper "a
4 be done on the affair. "
! MANUEL DE LA PENA Y PFNA.
Il TO BIZ Continued