New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-02-12
THE PROTOCOL.
NtMa:c from the President Of the [. 5.

= : a. :
uin Report from tie Secretary o. Stae, sccompsnie,
Nth al tue documents and correspondence relating {,
the Treaty a Peace concluded between the Unite,
states snd Mexico. ~ Guadalupe Ei1ss1. the q o
February lsi- and 20 the Amendments Of the sensu
thereto requested ty the House IN the sad Rssolu
ions
Among toe documents transmitted vi BE- found
copy 0f the Instructions given % the commissioners
the United states VINO took 10 Mexico TIE Treaty A
amended ~ the Sslse and ratified BY the President
the United states In my Message 70 the House Of
Representatives Of the 29gh of July ISIS gave ny
for declining to furnish these distractions ia
compliance with resolution OF the House. that .r
nv opinion Z would - inconsistent with th- public ia
tere.ts % give publicity T. them az the present me
Although Il may - ID De- doubted whether giving then
publicity 10 our own country and - necessary COO
sequence in Mexico may not have PREF Judicial inia
ence on our public lnterests yet a. they have been
sc.in called for By the House sad called for 10 connec
ton with other documents 20 the correct understand
ng o. which they Indispensable, have deemed il
ny duty O. transmit them.
Ell entertain the opinion expressed 10 the messs-a
referred 70. that general RUE, applicable 70 AL
our important negotiation. with ioreea powers u could
not fall % be prejuicis 20 the public interest 70 publish
the Instructions ~ our Ministers until some time had
elapsed after the conclusion Of su,h negotiations
In these Instructions OF the 18th Of March l-i-, Il
Will b. perceived that the task was assigned b the
Commissioners Oi tn United States % consummstin-
the Treaty Of Peace which was signed At Guadalupe
udslgO on the second day Of February sst oetween
The United -tstes and the Mexican Republic and
which on the tenth oi March last vas rauled by The
senate "a IN snencme nts-
They were informed that this bret statement Will
indicate % you clearly the line OF your duty You are
not 20 Mexico for the purpose o. negotiating sny
new Tresiy. OF changing in any particular the rat
ned Treaty which you viii bear with you. None OF the
amendments adopted b. the senate can be rejected or
modined except b the authority Of that body. Your
whole duty viii then consist IN using every honorable
Effort 10 obtain from the Mexican Government a rsu
icsion of The Treaty IN the form In which Il has been
ratified by the senate snd TINS with the least pracucs
bic delay For this purpose 10 may. aud most pro
psbly will become necessary that you should explain
10 the Mexican Minister FOR Foreign Affairs. or 30 the
authorized agents OF the Mexican Government the
reasons which have Influenced the senate In adopting
these several amendment. 10 the Treaty Ins duty
you will perform As much as possible, by personal con
ferences Diplomatic notes are % BE- avoided unless
10 case Of necessity These might lead to endless dis
cussiOns and inde mite delay. Beside. they could not
have any practical result your mission il confined 10
procuring ratification from the Mexican Government
of the Treaty A. came from the senate and does not
extend the slightest modlncs,ya in any OF It's pro
visions
lhe Commissioners we're sent 10 Mexico TO procure
tie ratification Of the Tr-sty ameaded By the >afe
Their Instructions confined them TO this point IL was
proper that the amendments 10 the Treaty adopted by
the United states should be explained 10 the Mexican
Government snd explanations were made by the sec
Rotary of state in his letter OF the 9Th of March l-is
% the Mexican Minister Of Foreign Affairs, under my
direction. This dispatch was communicated 10 Con
gress With my message OF the 9th OF July last cOmnu
ncating the Treaty OF Peace and published by their
order. This dispatch transmitted by our Commits
.ioners from the City OF Mexico 70 the Mexican Gov
eminent then at Queretsro the 18th OF April, lei-,
and It's receipt acknowledged the 18th OF the same
month During h. whole time that the Treaty, a.
amended before the Congress Of Mexico these ex-
plantations Of the Secretary OF State and these alone,
were before them.
The President Of Mexico, on these explanations on
the 9Th day Of May l-i- submitted the amended
r.. fna and - n
Nav that Congress approved the Treaty A. amended
without modification alteration. The hnal action OF
the Mexican Congress had taken place before the Com
mssioners Of the nted states had been officially re-
ceived BY the Mexican authorities, held any confer
ence with them, or had any other communication on
the subject OF the Treaty except TO transmit the letter
OF the Secretary OF state.
In their dispatch transmitted 10 Congress with my
Message Of the 9th of July last communicating tho
Treaty Of Peace, dated CITY of Queretsro, May %
ISIS o'clock NJ" the Commissioners say We
have the satisfaction 10 inform ou that reached this
city this afternoon At about o'clock, aud that the
Treaty AZ amended by the Senate Of the United States
passed the Mexican senate about the hour Of our ARR
val by vote Of 80 TO II having previously passed
the House Of Deputies nothing now remains but 10 ex
change the Publications Of the Treaty
ON the next day the 2tfh of May the Commission
ers for the hrs time presented 70 the President OF
the Republic and their credentials placed In bis hsnds
On this occasion the Commissioners delivered an I'D
dress 10 the President OF Mexico, and he replied In
their despatch Of the 30th OF May the Commissioner
say we enclose copy Of our address 20 the Prcs
dent and ssoa copy OF his reply several conerences
afterwards took place between Messrs Rosa, Cueva'
C0utO aud ourselves which 10 u not thought necessary
70 recapitulaic ~ enclose copy OF the Protocol
which contains the substance OF the conversations. We
have the satisfaction 20 announce that the exchange
Of rstfca atoms effected today This despatch w,s
communicated with my Of the 9Th OF July lsst
and published by order Of Congress
The Treaty ~ amended by the Senate Of the United
states with the accompanying papers and me evidence
that 10 that form Il had been ratified BY MeHce was
received Al Washington the ith day Of July. l-i-
and Immediately proclaimed A. the supreme law OF the
and On the dth Of July communicated 10 Congress
he ratified treaty with such accompanying documents
a. were deemed material 10 full understanding OF me
subject % the end that Congress might adopt the ieg
laf0n necessary and proper 10 carry the Treaty into
effect Neither the address Of the COmmssioners nor
the reply II the President VI Mexico the occasion OF
their presentation, nor the memorandum OF converse
lions embraced Ia the paper called FrOtOcOi, nor the
correspondence now sent, were communicated, Oe
Cause they were not regarded In any way material
and in this coniormed 10 the practice OF our Govern
ment IL rarely II ever happens that Al the correspOn
dence and especially the Instructions 70 our ministers
!. communicated Copies OF these papers are no"
transmitted Is being within the resolutions OF the
House calling Tor al such "cOrrespOnfelce as spper
tans 10 said Treaty
When these papers were received At Washington
De ace had been restored the fret instament Of three
millions paid - Mexico the bOckades were raised the
City Of Mexico eyscgsted aud our troops on heir re-
home. The war Wzs AZ An end. and inc UtAy' As
ratified BY the Uniiei STATES binding both par
tee and already executed IN great degree. 10 this
condition OF things IL was not competent for The Presi
dent alone or tor the President and senate or Tor the
President senate and House VI Representatives con.
bned u aorogste the treaty 10 snnu the peace, and
restore a state Of war except ~ solemn declaration
Of
Had the Protocol varied the treaty amended BY the
Senate Of the United states Il would have had no bind
ing effect
Ii was obvious that the commissioners Of the United
states did not regard the Protocol Ia any degee
part OF the Treaty. modifying or altering to-
Treaty a. amended By the Senate. They eommuni
Gated IL the substance OF conversations held alter h
Mexican Congress had rstihed the Treaty, and they
Knew that the approval Of the Mexican Congress
as essential to the validity Of Treaty in al rs parts a.
the advice and consent " the Senate Of the United
states They knew too thsi they had authority b
Alter o. modify the Tresry IN the form IN which Il had
been ratified By the United states but that u falling -
procure the ratification Of the Mexican Government,
otherwise than with amendments, their duty imposed
BY express Instructions 20 ssk OF Mexico 70 send
without DELAY = commissioner 70 Washington b ez
change Publications here, II the amendments Of the
Treaiy proposed BY Mexico On being submitted should
b. adopted by the senate OF the United states
va. equally well SATISFIED that the Government Of
Mexico had agreed b the Iresty a. amended oy the
senate Of the Unitet states and did not gard the Pro
toco ~ modifying enlarginz. or diminishing Us terms
or effect
The President Of that Republic, In submitting the
amended Treaty ~ the Mexican Congress IN his mes
sac on the IN day OF May l-i- said " II the Treaty
could nave been submitted TO your deloeration pre-
ri.ly As IL came from the hands q the plenpotsurs-
res nv satisfaction Il seeing the war At last brought 10