The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-04-14
You would scpulousy avoid either the supprsssto

You would as scmpulously avoid either the suppressio
oeri or the dHegatio fas May not then PROFOUND to
you lew PLAIN and practical interrOgatores not with
any disposition to caechlse or entertaining any doubt
as 10 what your response would be- but as the strongest
mode OF making direct and positive assertions Does il
MOI then awaken some feeling of different character
from mat OF mere surprise or even establishment not TO
say distrus as to the applicability of your legal
propositions, that no one of all the individuals
before whom these cases have been brought Ell
Their professionally as advocates, or, still more
solemny, as statesmen to vindcate, or as Judges
to decide, have ever in single instance thought either
OF anticipating opposition or OF suggesting, consdera
tons vitality affecting these cases. such plain and familiar
grounds OF objection those you have urgedprncples
OF public law familiar to every yro in the profession
either of law poiticsf they had any possible relc
yancy TO the cases' Would professional gentlemen, hav
ing any regard to their professional reputation, employ
their time and faculties in the exhibition and advocacy Of
causes open to such obvious and conclusive objections
Would the wary and asute representatives Of Mexico.
who fulfilled the double duty of first opposing these
claims as the advocates Of their government and then
participated in the adjudication Of Them as part Of the
som;frtss tribunal to pass upon them and perfectly
urge them if there even the color Of plausiby in
the application of them TO these cases, all Of which they
so resolutely ressieda Would the American commits
sones, all Of whom were men of great judicial experience
and acknowledged legal attanments, performing their
high duties under the most solemn sanctions, and
against whom no imputation has ever, so far as |
have learned been whispered that they not both
honest and competent, have shut their eyes to OBJ
ections palpabe and SO fatal Icannot but believe
that little calm elaboration, the sober exercise
of your high powers of mind, candid estimate
OF what was due TO others, would have induced you
to dstrust the fairness and competency OF your anony
nous informant, and TO have searched deeper and
ned more maturey, before you thus gratuously under
took in the exercise OF quasi judicial power TO cud5e
the solemn decisions of legal and constitutional tribu
nao inform the ignorance and correct the errors Of
men whose deepest interests and most solemn duties were
involved in the subjects thus brought under their cogn
zance.
After somewhat singular, and may be permitted to
add to myself not very Ineligible synopsis Of the
Gus claims presented to the board organized under the
convention OF 1889 you thus express the conclusion 10
which you have arrived: Now this $93s,oo76 was the
utmost extent of all the demands which citizens of the
United States held against Mexico l mean such de-
mands by the law OF nations this government would
have right to enforce payment Of 80 ar zoe can learn
from the evidence submitted to the mired No
man knows better than yourself the full force and sgni
cancy of the terms he employs and the portion OF the ex
tract have given from your speech as especially en-
phatc is thus italicized by yourself. gs o.t.
In the schedule of claims forming the foundation of
computation, you include well such have been
deinitvely adudicated by the board others which, al
though sanctioned by the American commissioners were
not finally passed upon by the umpire The hoard itself
had finally passed Judgment upon the cases exhibited to
it, to the extent OF Sc Most OF these cases had
been senuo y, resisted Both parties mad been heard
buna by the will and determination OF the Mexican men,
bers, under which the American claimant was not per-
ntted TO be heard either personally or by counsel and
kept entire and absolute ignorance both of the
evidence adduced to dspove his allegations and the
yuents by which they were combatted. Most Of them
These circumstances to which have thus briefly allu.
ed furnish ample explanation Of fact to which you
advert viz that the umpire reduced on average the
decisions of the American commissioners fifty per cent
To proceed Every man who reads your speech would
naturally infer that you had carefully examined the orgl
nal documents and the evidence upon which the hoard OF
How else to understand your alphabetically itali-
cized anguage"so far learn from the cUidcnce
submitted TO the miIed com'ntss'on"
Now, knowing. as do, that it was distinctly made
ground of complaint against the Mexican members of
hat board that they had distracted from the archives Of
that tribunal after had closed its session. numerous
portions of that evidence; knowing that what remains
the Department of State would require for its perusal
many months of close and assduous labor-that it
sts only in manuscript, not always very easy to decl-
pheT may be permitted to ask whether you have ever
read, will not say the whole Or moiey, but even
bundedh part OF that evidence which is now accessible
Even the opinions and arguments of the members of the
board essential to the understanding Of the grounds upon
printed and fill many hundred pages, to say nothing OF
The memorials and arguments drawn up by the parties
themselves their counsel II you have really taken
upon yourself the labor of going to the department and
examining these vOuminous documents--a task the ac
complishmen of which would not have left at your dis
proprate to other business, either public
will admit that you have indusrously sought the
means Of qualifying you to pass Judgment on these mat
that you have accomplished this herculean labor, will
nreservedy believe the assertions but until learn from
you that it has been done cannot believe that il has
been effected even by proxy I'm.
feel assured, from the knowledge we have of each
other that you will recognise in these observations Moth
ing more than fair, candid, and respectful examination
Of the views you have taken upon subjects in which
am deeply interested You have, in your public and
official character the floor of the House of Represent
atives expressed your opinions on these matters know
you would not willingly or knowingly misrepresent
Them In this expression OF your views, 1 believe,
with equal sincerity that you have done great injustice
TO me, and inflicted serious injury upon the interests OF
others committed to my charge. Your representations
carry their face the appearance OF being lair and full
statements, drawn from authentic sources, and uttered
after full examination and cautious investigation be-
leve them have been honestly expressed under false
and most nformationwlth what
motives furnished with what designs am at loss
to conjecture have any further curiosity to inquire
Coming from you, however, and bearing your endorse
ment they are entitled great respect far beyond what
they would have experienced at my hand had they rested
upon the authority of your informant whoever he may
be- and have been treated in manner widely different
from what they would have experienced in directly
spending to him. No opportunity was afforded to the
claimants reply to your observations when and where
they were uttered and is rarely that parties learn,
and consequently reue, the malignant pfeudiced al
legations that made secretly and nsidousy gno-
rantly to their prejudice The humble individual who
now addresses you cannot pretend to occupy position
which would give to what he may say influence
thority sufficient to remove the Impressions which you
have created You occupy the position OF impartial
and disinterested udgehe of interested party
tanned advocate Independently of other considerations
giving to what you say, consequently go much wider
and more permanent influence this consideration renders
the contest between sufficiently unequal, and leaves
me no other hope in the contest than such as Is wholly
champions In so unequal combat, my first and prima
nv confidence is i'm the Justice and righteousness OF the