Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-02-09
MONDAY, February 5, l649.
SENATE

/
MONDAY, February 5, l649.
SENATE.
| Mr. Mansum introduced resolution similar
to that introduced in the House by Mr.. Stephens,
calling on the President for information in re-
gard 10 The instructions 10 Messrs. Sewer and
Clifford, the protocol, &c. Lies over.
MIR. Hunler presented the resolutions oil The
! Virginia Legislature, in reference to slavery, &C
companied by few remarks. in which ne stated
that Virginia will sustain the doctrines OF The re-
solutions Laid on the table AMI ordered 10 be
printed.
Mr.. Clayton, from the joint committee on the
subject, reported the customary resolution, in re-
ference 10 the meeting OF The TWO Houses On The
ID Wednesday in February, 10 open ant count
The votes for President and Vice President, which
was adopted and Mr.. Clayton wa> appointed teller
on the pan Of The Senate.
The Senate resumed The consideration Of the
postage bill, and MIR. Alien replied, al great
Length, 10 The speech OF Mr.. Niles, made on FIJI
day last.
Mr. Pearce iollowed-but The Senate, without
action on the bill, adjourned
HOUSE OF REPRESENTATIVES.
Mr. Sibey, Of Minnesota, offered resolution re-
specting the new mail routes on the upper Missis-
spp Adopted.
'N-c''N'S'i
for seuling Engagements between nations by
arbitration. He moved suspension Of The rules
10 nave the same acted upon. Motion lost.
Mr. Stephens then asked and obtained general
consent to offer his resolutions OF inquiry as 10
| the existence ot protocol 10 The Mexican trea-
| ".
The Clerk having read them,
| Mr.. Wentworth called for The yeas and nays
upon The question Of suspending The rules
MIR. Houston Withdrew MS objections 10 Mr..
| Stephens resolution, and the House, l8l to3
suspended The rules 10 receive The same.
| Mr.. Stephens, in presenting the resolutions,
said that he considered The subject one II great
| importance. He did not intend to discuss The
matter now, but he had good reasons for believing
that such protocol, so signed was in existence.
| Al the close Of The last session, call was made
| upon The President Tor the instructions TO our
commissioners, 10 which the President replied that
| he deemed il incompatible with the public infer
ess 10 furnish such Instructions that The treaty,
as amended by the Senate, had been ratified by
| Mexico and Publications exchanged, and that in
! those instructions The commissioners were only
directed 10 urge upon The Mexican government
| the ratification Of the amended treaty.
II thus appeared Tia. The President had refused
10 furnish the House with copy OF these in
| structions under which these assurances had
| been given.
Mr.. S. proceeded to read The articles Of the ori
| gina treaty stricken out by the Senate, and also
| those substituted, and the protocol having refer
| ence thereto; and commended that, whether the
explanations were or were not correct, the Presi
| dent had nevertheless no constitutional right
| Whatever TO give such instructions. The voc in
the Senate in favor OF part OF the original ninth
| article stood Is 10 g. and among those in favor
Of The original article he found recorded the
M onp Iheec com N, ionprc " hn cubSp.
quently made these explanations, that The change
| was not intended TO affect the rights secured by
| The original article.
So in regard To the other portion stricken oui
| OF the original ninth article The vote stood Is 10
| 81 in favor OF retaining the original words, and
\ Inc name OF the same commissioner was again
| found recorded among the l6, in The affirmative
| The explanations in he protocol, in regard 10 the
| tenth section, he commended, were wholly unau-
| horised and as regarded lands in Texas, wholly
| incorrect ia point Of fact In reference 10 the
| twelfth article-he power 10 transfer or dispose
| Of The 10000, 600 as Mexico might deem proper
he believed the action OF The Senate was in
| tended 10 prevent Mexico from so disposine OF
| il either 10 carry on war o! for any other pur-
| pose.
Whether these explanations nvaidaic The
| treaty or mol, The President hal assumed powers
which he had no right 10 assume. He did MI
himself recognise he validity OF the treaty, or the
| power Of the Presiden, and Senate 10 make any
treaty which imposed upon the House the duty
Of making appropriations 10 carry it mo effect.
| Mr.. Houston, OF Ala, considered the move
ment Of the gentleman from Georgia premature,
and as doing gross injustice 10 The President.
| BY proper examination Of this protocol, and
| comparison Of it and the instructions with The
| original treaty and the treaty as amended, il
| woni be ionEd that there was no discrepancy,
though the language Of the proloci might not be
| the precise language Of The instructions. The
explanations were strictly in accordance with
he provisions OF The treaty as amended BY he
Senate.
Mr.. HI. coulended that il would not b. IN the
power uf the United Staies 10 diyest The holders
| Of lands in the new territories OF the titles which
they hell prior 10 The ratification OF The treaty
and il was folly t. suppose that by any treaty the
government II he United States intended 10 alb
rosate any Of these titles, whether Of church pro-
perry or any other. In his he coiuci!ed with the
doc rines ol Mr. BuehlnaLs letter, from which
ne read 10 sustain his position
The Protocol, though differing slightly in lam
guagc from the letter of Mr. Buchanan is
strictly in conformity with its doctrines and
with The law on The subject. lie further con
tended that the Senate never intended 10 pre-.
vent lcxico from transferring or disposing Of
The $4,000, 600 in such manner a, she nigh,
deem advisable the amendment was made
merely 10 prevent the issue Of certificates Of
debt by our Government.
MIR. Ii denied hat any fraud had been prac.
tised upon the Government OF Mexico, AMI
stated the fact, that the treaty as amended was
formally sanctioned by both Houses Of the
Mexican Congress before the signing OF the
Protocol BY the Commissioners and the Mcxi
can Minister Of Foreign Affairs. II. them the
action OF our Senate is necessary 10 the validi
ty of this Protocol why was it not also submit
ted, subsequently 10 its adoption, TO the action
of the Mexican Congress2 So far from this,
however, the signing of the Protocol was among
the last acts Of The Mexican Government, and
the sanction OF the Mexican Congress 10 the
treaty, as amended, had been given before one
word of conversation had taken place between
the commissioners and the Mexican Govern
ment in regard 10 explanations.
Mr. H. thought, in regard TO the instructions,
ha, reasons might have existed AT the las. session
for the Withholding Of The instructions by The Pre-
sident, which did not now exist; and he concluded
with moving TO amend MIR. Stephens resolutions
BY adding that The President be requested, if not
incompatible with the public interests, 10 furnish
copy of the Instructions to the commissioners