Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1849-02-19

now remains but to exchange the notifications o.
, the treaty.
On the next day (the '26th of NIay) the Com
missioners were, for the first time, presented tc
the President of the Republic, and their creden-
tails placed in his hands. On this occasion the
Commissioners delivered an address to the Pres
ident of Mexico, and he replied. In their des-
patch of The 30th Of May, the Commissioners
say: eve enclose copy of OUT address to the
) President, and also a copy OF his reply Several
conferences afterwards took place betH cen Mes
srs. Rosa, Cuevas, Couto and ours Ives, which il
is not thought necessary TO recapltulate, as We
: enclose a copy OF the protocol, which contains
the subject OF the conversations. We have now
the satisfaction to announce that the exchange
of notifications was effected to-day" This des-
patch was communicated with my message OF
the 9th of July last and published by order OF
Congress.
The treaty, as amended by the Senate of the
United States, with the accompanying papers,
and the evidence that in that form it had been
ratified by Mexico, was received at Washington
on the 18th day of July, 1913, and Immediately
proclaimed as the supreme law of the land. On
the 9th of July communicated to Congress the
ratified treaty, with such accompanying docu-
nents as We're deemed material to a full under
standing OF the subject, to the end that Congress
might adopt the legislation necessary and proper
to carry the treaty into effect. Neither the adj
dress of the Commissioners nor the reply OF the
President OF Mexico OH the occasion OF THEN
| presentation, uar the memorandum af converse
tons embraced in the paper called a protocol,
nor the correspondence now sent, We're commune
ncated because they were not regarded i'll
any way material and In This 1 confonned to
prachce OF our Government. 1t rarely Ii ever
happens that all the correspondence and espe-
cially the Instructions to our Minister'S is COM
municated Copies of the 81 papers are now
transmitted, as being within the resolutions of
the House, calling for all such correspondence
as appertains to said treaty"
When these papers were received at Wash
ington, peace had been restored, the first install
ment OF three millions paid to Mckee, the block
AIDES were raised, the city OF Mexico eyae uated,
and our troops on their return home. The war
was at an end, and the treaty, as ratified bythe
United States, was binding on both parties, and
already executed in great degree. III this con-
ditlon OF things it was not competent Tor the
President alone, or for the President and Senate,
or for the President, Senate, and House of Rep
resentatlves combined, to abrogate the treaty, to
annul the peace and restore state of war ex-
cept by solemn declaration Of war.
Had the protocol varied the treaty as amend
ed by the Senate of the United States, it would
have no binding effect
1t was obvious that the Commissioners Of the
United States did not regard the protocol as in
any degree part OF the treaty, nor as modifying
or altering he treaty as amended by the Senate.
They communicated it as the substance of cen
versations held after the Mexican Congress had
ratified the treaty, and they knew that the ap-
proyal of the Mexican Congress was as essential
to the validity of treaty in all its parts, as the
advice and consent of the Senate Of the United
States. They knew, too, that they had 10 au-
hority to alter or modify the treaty i'll the form
in which it had been ratified by the u. States,
but that, if failing to procure the ratification of
the Mexican Government othera Use than amend
msnts, their duty, imposed by express instruc-
! tons, was to ask OF Mexico to send without de-
lay Commissioner to Washington to exchange
raflflcaelons here, 1t the amendments Of the trea
ty proposed by Mexico on being Submitted should
be adopted by the Senate of the United States
was equally we'll satisfied that the Govern
msnt OF Mexico had agreed to the treaty as a.
mended by the Senate Of the United States, and
did not regard the protocol asmedifying, enIarg-
ing or diminishing it's terms or effect. The Pre-
sldent OF that republic, in submitting the amend
ed treaty to the Mexican Congress, in his mes
sage on the 9th day Of May, l84s said ''If the
treaty could have been submitted TO your DELHI
Grafton precisely as it came from the hands of
the plenipo:entiaries my satisfaction at seeing
the war brought to an end would not have been
lessened, as 1t this day u.s. lii consequence of the
notifications introduced into it by the Senate of
the U. States, and which have received the sane
ton of the President" AT present it is sufficient
for us to say to you, that if in the opinion of the
Government, justice had not been 7evinced on
the part OF the Senate and Government of the U.
States in Introducing such notifications, it is
presumed on the other hand, that they are not of
such importance that they should set aside the
treaty. believe, on the contrary, that it ought
to be ratified upon the same terms in which it
has already received the sanction of the Ameri-
can Government. My opinion is also greatly
strengthened by the fact that new negotiation
is neither expected nor considered possible
much less could another be brought forward upon
basis more favorable for the republic.
The deliberations of the Mexican Congress
with no explanation before that body from the
United States, except the letter Of the Secretary
of State resulted in the ratification of the treaty
as recommended by the President of that repub.
lie, in the form in which it@had been amended
and ratified blythe United States The CONVEX
satlons embodied In the paper called a protocol
took place after the action of the Mexican Con-
oTess was complete, and there is no reason to
suppose that the Government of Mexico ever
submitted the protocol to Congress- or ever treat
ed or regarded il as i'll any sense new negotia-
ton, or as operating any modification or change
OF the amended treaty. Ii such had been its eff
feet, it wasa nulIity until approved by the Mex
lean Congress, and such approval was never
made or intinated to the United States In the
final contamination Of the ratification of the trea-
ty by the President OF Mexico no reference is
made to 1t. On the contrary this ratification
which was delivered to the Commissioners of the
United States and is now in the State Depart
ment contains full and explicit recognition O
the amendments of the Senate, just as they hac
been communicated to that Government by the
Secretary of State, and been afterwards approved
by the Mexican Congress 1t declares that Ella
wing seen and examined the said treaty, and the
notifications made by the Senate of the Unitee
States OF America, and having given an account
thereof to the General CONGRESS, conformably tc
the requirement in the 14th paragraph of thl
10th article Of the Federal Constitution ofthese
United States, that body has thought proper to
approve ct the said treaty with the notifications
thereto in all their parts, and in consequence
thereof exer,ing the power granted to me BY the
, constitution, accept ratity, and confirm the
said treaty, with its notifications, and promise