Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1849-03-08
BURLINGTON HAWk-EYE.

Now let us examine tie articles Of this
protocol. The following is the 9th Arti-
Gle Of Trist's Treaty, which was sup
pressed by the Senate -
"ARr. TX. The Mexicans who, in the
j territories aforesaid Ito wit, those coded
by Mexico in this Treaty shall not pre-
| serve the character Of citizens ofthe Mex
lean Republic, conformably with what is
stipulated in the preceding article, shall be
incorporated into the Union of the United
States, and admitted as soon as possible,
according to the principles Of the Federal
Constitution, TO the enjoyment of all the
rights Of the citizens Of the u. States. In
the meantime, they shall be maintained
and projected in the enjoyment of their
liberty, property, and the civil rights now
vested in them according to the Mexican
laws. With respect to political rights,
their condition shall be OH an equality with
that Of the inhabitants Of the other terrific
ries Of the United States, and at least e.
qually good as that Of the inhabitants Of
Louisiana and the Floridas whenthese pro-
vinces, by transfer from the French Re-,
public andthe crown Of Spain, became ter
ritories of the United States.
"The same most ample guaranty shall
be enjoyed by all ecclesiastical and reli-
gions corporations and communities, as
well in discharge Of the offices of their
ministry as in the enjoyment of their pro-
perry Of every kind, whether individual or
corporate. This guaranty shall embrace
all temples, houses and edifces dedicated
TO the Roman Catholic worship, as well as
all property destined to its support, or to
that Of schools, hospitals and other found
ations for charitable or benefcent purpos-
es. No property Of this nature shall be
considered as having become the properly
Of the American Government, or as sub
ject 70 be by it disposed Of, or diverted 10
other uses.
"Finally, the relations and communica-
ton between the Catholics living in the
territories aforesaid and their respective
ecclesiastical authorities, shall he open.
Tree, and exempt from all hindrance what
ever, even although such authorities should
reside within the limits Of the Mexican
Republic as defined BY this treaty and this
freedom shall continue SO long as new
demarkation Of ecclesiastical districts shall
not have been made, conformably with the
laws of the Roman Catholic Church."
The last paragraph, and afterwards the whole ar
the following substituted by vote of ~ to 4, and
thus II reads in the treaty as ratified:-
cart. TX. Mexicans who, in the Ter
ritories aforesaid, shall not preserve the
character Of citizens of the Mexican Re-
public, conformably with what is stipula-
led in the preceding articles shall be in
corporated into the Union of the United
States, and he admitted at the proper time
to be Judged OF by the Congress Of the
United States TO the enjoyment Of all the
rights Of citizens of the United States, ac-
cordlng to the principles of the Constitu-
ton; and in the meantime shall be MAIN
famed and protected in the enjoyment of
their liberty and property, and secured in
the free exercise Of their religion without
restriction..'
Inc Senate would not promise the admission of
New Mexico and California into the Union Gas SOON
IS possible, according to the principles of the Fede
raj Constitutions but agreed, as will be seem to the
admission of those Territories ssat the proper time
ito be judged of by the Congress of the u States. ~
The Protocol, however, assured the Mexicans that
this amendment was not intended to diminish in anv
way the agreements Of the suppressed article This
was evidently contrary to the intention of the Sem
ate as must appear in their substituting the Sd Ar
Gle Of the Treaty with Louisiana for the 9th Article
taxing the prccaution to amend ii by inserting that
parenthetica clause, Ceo be judged of BY the Con-
gross of the United States.) They did this on the
avowed ground that the people Of New Mexico and
California were not then enlightened as were the
people of Louisiana, and with the design of leaving
II TO the untrammeled discretion of Congress to say
when they should be admitted into the Union.
Inc Protocol declares in its first Article, that call
the guarantees and privileges civil political and re-
lisious," promised by the suppressed article will be
enjoyed by them without any difference, under the
substituted Article; whereas that Article makes no
such provision. The Mexican laws make the Ro-
man Catholic the established religion and it is re-
Rpgnant to our institutions to grant any such exc,u
sive privileges. The Senate was willing to rive
them the freedom enjoyed by other sects, but MOTH
ing more. Mr. Polk, however, assured them. thro,
MS commissioners, that this properly repudiated
article should be observed.
AAS "oSl important Article in the Protocol. how.
ever the 3D. it refers to the 10th Article of the
1uadaioupe Treaty. That article established all the
iand grants made by Mexico in Texas prior to the
iatter throwing off her allegiance to Mexico; and in
California and New Mexico, prior to the declared
recognition Of war with Mexico by our Government
when this article was read in the Senate March ?
ls4s, this same Commissioner SEWER, moved that
II be entirely stricken out and this was afterwards
donc' taking it up by sections; and the treaty was
ratified without any 10th Article, at all.
The action Of the Senate in this matter is very oh
rious to all those who know how numcrou, were
The grants OF land made by Mexico. To confirm
thcse grants would be the destruction of the exis-
ting order OF things-it would nullify titles now
considered valid-and it would confirm single in.
aSauals IN the possession of tracts of land as large
as Massachusetts or Connecticut. These are called
"f'hpfesario grans.' They have been made prin-
scipally to Catholics. Tho famous Mcnamara grant
proposed to transplant 1000 Catholic families into
california, and give to each 1900 acres of land and
2oco acres to each child for the purpose of driving
on the Methodist wolves" But the Protocol ex-
pfessly declares that these grants are not annuled
TINS was at least an unwarranted assertion and at
clear transgression Of their authority on the mart
OF the American commissioners Tho ,a A.,;o,.