Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1849-02-12

grants shall he under he obligation 10 iuhi The said con-
;ions within the periods limited in the same. respective
" >rch periods be counted from the dae OF he
rxcbanUe Of rairnIiors Of this treaty il default u
which The said grants shall mt " obligatory upon tie
SAFE Of Texas in virtue Of lie spulations contained in
this article.
TIE foreiHo stipulation in regard to grantees Of land
in Texas is exten,d 70 all grantees Of land IN The tern
tories aforesaid esep hcrp than in Texas. pu il
sian under srch Grants a~d in default Of the tnhlment
Of the conditions Of any Grant, within the new pc
ri d, which, is ab siirulaioI BEGIN WITH the DAY
ofexchange Of notifications Of this tray The same shall
be null and void.
Tie Mexican government declares that no grant
Whatever Of lands in Texas has been made stree the
second day Of Narcn, thousand eight hundred and
thirty six ard that no grant whatever of lands IN any
of the territories aforesaid has been made since The hir
eenth day Of May one thousand eight hundred ard forty
six
This article was denounced by the President in his
message the Senate Communicating The Treaty and
rejected by that body by vote Of %, to lS.-Mr Sc
vier being Of The IS voting for the retention of the
article objected By the President and the Secretary Of
State
One other point remains. The concluding paragraph
of the 10Th article as follows:
sCerriicaes il proper FORM for the said instruments
respectively. in such shall be desired by the
Mexican government, and transferable nv it, shall be
delivered to the said government by that of the United
Sates'
This paragraph stricken out as well as other clau
Of the article and for many good Yet in
spite Of this action Of The Senate Messrs Sewer and
Clifford undertook the Mexican Minister, that
our Government did not intend to deprive Mexico of the
power of conveying transferring assigning the debt of
the United States.
In the House, on Monday, Mr.. Stephens made a
speech in support Of his resolutions The defence Of Mr.
Polk was assumed only by Mr. Houston, Of Alabama,
who showed very that he was of his depth and
really knew little about the matter He attempted to prove
that Mr. Buchanans letter to on. Commissioners took
pretty much the same ground that the guarantees of the
Protocol covered II was well enough in Mr. Buchanan
to endeavor to reconcile The Nexicans to- Inc mutlated
Treaty. But his mere opinions I'd differences did moi
suffice wheedle The Mexir II Minister The Mexican
congress 'a''led II 1" un these explanations, but it
CURED also '' approval Of the President before its rat-
lfa'lo' vas final. This approval withheld, until he
'ld, il the shape Of Protocol The authoritative exposi-
ton. he beived, Of the opinion Of the American Gov
upon the effect of the striking out, in whole
IN part, Of the 9th 10th and 9th articles of the Treaty.
and the substitution for the first named of the Sd article
Of TIE Treaty Of Louisiana. By this declaration the
President Of Mexico was Of course justified in believing
that the notifications of form, and of substance
and that the original Treaty Of Guadalupe Iidalgo was
point Of fact, Notwithstanding the action Of The Amer
lean Senate, the one he was about 10 sign.
Did the President authorize direct Messrs. Sewer
and Clifford to make the explanations and guarantees in
question If he did, what right had he say that the
Senate when 1t did one thing meant another? In under
taking to say what it meant and did not mean, he was
guilty of disrespec to that body well Of high
ded exercise of power This Protocol to be binding on
the United States should have been, must be laid
before the Senate for its ratification. The Senate 81
course would reject it, To ratify it would be self deg
radiation. The President of Mexico was cheated int
signing the Treaty He the victim Ct fraud and i'm
position. The Treaty approved BY the President Of Mex
cos The Treaty approved BY the President ofhe u
nited States Tile former approved the Treaty. back
amended by Senate not that body intended it &c
be received, but or Commissioners understood it,
Mr. Houston moved amendment that the Pres-
dent be requested 70 communicate 10 he House The in
strucions 10 The Commissioners and such other cores
pondence as relates the Treaty. with the usual prov
''if nc mpable with'the public interests" MI
Stephens objected to the proviso. He wished to make
the call absoue-and gave notice that if the President
should refuse 10 Give the inormaon lie would fol
Committee with power send for persons and papers
! Mr. HOuston's amendment negatived-Ayes 81
noes 90 Mr.. Stephens then accepted as an amendment
resolution like Mr.. Housrons, without the usual words
Of reservation leaving it to lie discretion of the Pres
dent TO furnish the information not The resolutions
thus amended were adopted-Ayes l47, noes 333.
We shall conclude notice Of this extraordinary af
fair by copying the remarks ofthe National Intelligence
of Monday last
THE LATE TREATY WITH MEXICO.
n We trust that Of readers will overlook the
important development which will be found in the min
ues USatuTday proceedings in the House Of Represent
atives touching the Treaty of Peace with Mexico
which, 1t appears, has been proclaimed by Govern
men To have been ratified amended by the Senate
the United States, though those amendments were to
obtain the ratification Of them BY Mexico nullfed By a
Protocol, signed by Ministers to that Governn ent
under instructions from the President, which Protocol
declares in effect the amendments required by the Sen
ate 10 be of no force or validity
The Treaty., understood and required by the Senate
# the United States be amended has been ratified
by Mexico at all; and any attempt by the U. States to
enforce those amendments must be made in the teeth Of
that Treaty, it is construed by Mexico with the
consent the President and without the consent or
knowledge Of the Treaty making power in this Govern
ment.
What is TO be the consequence Of this last unpa ale
led assumption by the President If the United States uf
power palpaby not constitutional, any le
gal, and which he cannot calmas has been done the
case of other angressons Of the sort, as resulting
y his Presidential Office from analogous power in Mo
narchical Governments-we are wholly unable to fore
tell. As at present advised, do not see how this
proceeding of the Presdsnt in the teeth of the Constu
ton. is to be legalzed, but by the Treaty being again
laid before the Senate and that body agreeing from The
necessty Of the case to rafy the Treaty over auan