The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-09

sweeping provision declares that they shall be main
tanned and protected the free enjoyment of their liberty
and property and secured in the free exercise OF their re-
| iIgon without restriction"
This guarantee embraces every kind of property,
whether held BY ecceslastcs or symen, whelher be
longing to corporations Ii secures 10
Inhabitants The free exercise OF their religion without
restriction whether they choose 10 place Themselves
Der ihc spiritual authority OF pastors resident within the
Mexican republic or the ceded territories Ii was is
presumed 10 place thus construction eyond all question
thai The Senate superadded the words swiihou. esc-
,'oh 10 me elisous guarantee contained in the cores.
poning article OF The Louisiana treaty Congress itself
does mol possess the power, under the constitutions TO
make any law prohibiting the free exercise of religion.
III the ninth article OF the treaty. whether in lis original
or amended form, had been entirely omitted in the treaty
all The rights and privileges which either OF them coniers
would have been secured the inhabitants OF the ceaed
States.
The Protocol asserts that ",he American government,
ny suppessng the tenth article Of the treaty OF Guada-
lupe did not in any way intend annu the grants of
land made by Mexico in the coded territories !" that
these grants, notwithstanding the suppression of the
Article oil The treaty. preserve the legal value which they
may possess and the grantees may cause their legitimate
titles to be acknowledged before the American bu-
nails - and then proceeds to stale, that comfortably
the law of the United States, legitimate titles to every
description OF property personal and real existing in the
coded territories, those which legitimate titles
under the Mexican law in California and New Mexico up
to the thirteenth OF May, 1876 and in Texas up TO the
The dec araon OF against Mexico and the latter that
OF the declaration OF independence by Texas.
was no, that protected legitimate titles which our laws
would have equally protected whou, il. but that it
unjusly attic mped TO resusciiae grants hch had be-
come mere nulliy, by allowing the grantees the same
period after the exchange OF the publications. of the treaty
TO which they had been originally entitled after the date
OF Their grants for the purpose OF performing the cond
treaty 10 the Senate had recommended the rejection
of this article. That portion of il in regard TO lands
IN Texas did not receive single vote in the Sem
ate. This information was communicated by the letter
OF the Secretary OF State TO the Minister for Foreign
Affairs OF Mexico. and was in possession of the Mexican
government, during the whole period the treaty be-
lore the Mexican Congress- and the article itself
reprobated In that letter in the strongest terms Besides,
our commissioners to Mexico had been instructed that
neither the President nor the Senate OF the United
States Tatfy any treaty containing
the 10th article OF the treaty of Guadalupe Hdago in
favor OF grantees of land in Texas elsewhere" And
again Should the Mexican government, persist IN retain
ing this article then all prospect of immediate peace
ended; and OF this you may give them an absolute as
surance.
On this point the language Of the Protocol is free from
ambiguity; but If il were otherwise is there any ndvid-
ual. American Mexican, who would place such a
construction upon il to convert il into vain attempt
10 revive this article which had been often and
| solemny condemned Surely person could for one
moment suppose that either the commissioners of the
United States, the Mexican Minister for Foreign Az
fairs. ever entertained the purpose OF thus setting al
naught The deliberate decision of the President and Sen
ate, which had been communicated to the Mexican
government with the that their abandonment
OF this obnoxious article was essential to the restoration
OF peace.
But the meaning of the Protocol plain II is simply
that the notification of this article not intended to
destroy valid legitimate titles TO land which existed and
in full force independently OF the provisions and
without the aid of this article. Notwithstanding il has
expunged from the treaty these grants were to ge.
refusal to revive grants which had become extinct was
not to invadaie those which were in full force and
vgor. That such was the clear understanding of the
Senate of the United States. and this in perfect accord
ance with the Protocol, manifest from the fact, that
willis: they struck from the treaty this unjust article,
they at the same time sanctioned and ratified the last
paragraph Of The eighth article Of the treaty. which de-
eares that In the said territories properly of every
kind, belonging to Mexcans not established there.
shall be involably respected The present owners the
heirs of these, and all Mexcans who may hereafter
quire said property by contract shall enjoy with respect
TO gaaranees equally ample as ii the same belonged to
Without any stipulation in the treaty to this effect, all
such valid titles under the Mexican government would
have been protected under the constitution and laws Of
the United States.
The third and last explanation contained in the Proto
col s that the government OF the United States by sup
pressing ihSconcuding paragraph Of article twelfth Of
the treaty. did intend to deprive the Mexican repub
lie of the free and unreslfanad faculty OF cedng, con-
veying. or transferring. at any tune, las may Judge
best,) the of twelve millions OF dollars which
the same government OF the United States deliver in
| the places designated by the amended article"
The concluding paragraph, or rather sentence, OF the
in the following language "Esrii6ca,es. IN proper FORM
for the said insiaments respectively IN such sums as
shall be desired by the Mexican government and trans
| by that OF the United States"
From this bare statement OF facts the meaning OF the
Protocol Obvious Although the Senate had declined
to create government stock for the twelve millions OF
dollars and issue transferable certificates for the amount,
! in such the Mexican government might desire
vet they could not have nten led thereby to deprive that
OF the faculty which every creditor possesses
OF transferring for his benefit the obligation OF his
debtor, whatever this may be worth, according to his
will and pleasure
1t cannot be doubted that the twelfth article Of the
treaty, az il stands, contains positive obligation,
sin consideration of the extension acquired by the bound
aries of the United States, 10 pay TO the MEXICAN re-.
public twelve millions of dollars in four equal annual
instruments of three millions each. This obligation may
be assigned by the Mexican government to any person
whatever but the assignee in such case. would stand in
no better condition than that government The amend
of the Senate prohibiting the issue OF government
Transferable stock for the amount produces this effect
and no more. .
| The Protocol contains nothing from which it can be
inferred that the assignee could ughuqy demand the
payment Of the money in case the consideration should
lail which is stated on the face Of the obligation.
With this view Of the whole Protocol, and consider ing
that the explanations which contained were in accord
ance with the treaty. did deem necessary 10 take
any action upon the subject Had i varied from the
of the treaty amended by the Senate, although 1T
might have required that should make this fact known
to the Mexican government This not being the case,
treated it ia the manner would have done had
these explanations been made verbally by the commits.
soners 10 the Mexican Minister for Foreign Affairs, and
communicated in despatch to The STATE Dspa% %n1
! WAsmNeroS, February s. 1919.
Documents accompanying the Message
Among the documents reported to the President of the
United States by the Secretary Of State the following
! A.. H. C.,..~ o,J A. f,y;tJo~J frou, a..