The Daily spy. [volume] (Worcester [Mass.]) 1845-1850, 1849-02-10
THE PROTOCOL.

The latest development of the usurpation OF
the President Is certainly the most astounding.
1t forms the fit conclusion to war commenced
without the concurrence OF the war making pow
er, aud carried on in disregard of the laws and
the constitution. The simple facts are these.
The Senate refused to ratify certain stipuations
in the treaty Of peace concluded with Mexico;
but struck out the obnoxious articles and substi-
tuted others. The treaty, as amended, was sent
back to Mexico for the exchange OF notifications,
and the Mexican government refused 10 agree to
the amendments, which were very important
The American Commissioners, in order to remove
the objections of the Mexican government, sub
scribed to an agreement which explained away
these amendments and left the treaty substantial
ly as it was when it first came before the Senate
This agreement, though to all intents part of
the treaty, has never been communicated to the
Senate for ratification, but has been kept secret
ly in the archives of the State department. Its
discovery was accidental and was made through
the Mexican Minister at Washington, who was
Minister of Foreign Affairs at the time OF the
treaty, and who negotiated and signed it on the
part of Mexico. What excuse is to be made for
all this, remains TO be seen.
The amendments made by the Senate, and af-
forwards disregarded and repudated by the Presi.
dent, were among the most important stipulations
of the treaty. Phe original treaty provided that
the territories coded by Mexico should be admit
ted into the Union as the principles oil
federal constitution would permit that is as soon
as they should acquire the requisite population
The Senate considering the hai-civiIized charac
ter of the people OF these provinces and their I'M
fitness for self government especially for part;c
patton in the government under constitution
would not consent to admit them at once to tn,
right of American citizenship, but amended the
article so that the territories should be admitted
into the Union cat the proper time to be judged
Of by the Congress OF the United States" This
amendment was carried by vote of al to 5.
The original treaty provided that the relations
between Catholic citizens residing in those ter
ritories and their ecclesiastical authorities shoulo
remain unchanged, unless new demarcation o.
ecclesiastical districts should be made conorma-
bly, with the laws OF the Roman Catholic Church
and this ''even although such authority should re
side within the limits OF the Mexican Republic
This monstrous proposition may not strike the un
informed reader at once in all its enormity. |
confirms to the Roman Catholic Bishops all the
power which they now exercise over the priest
hood and the laity OF their Church. This is no
only absolute in ecclesiastical concerns but it,
tends TO civil disabilities, and in cases tc
criminal Jurisdiction. According 10 this, an Am
| erican citizen might be carried to the city
| Mexico, aud tried before a Mexican ecclesiasti
cal court for an offence committed on American
| soil. The original treaty also provided that the
immense grants made for the support OF the Ro
man Catholic Church, shall never be diverted
| from that purpose. The amendments of the Sen
ate struck out all this, and substituted only thu
general guaranty of religious freedom and protec
ton which our laws extend to all denomination
| and all creeds.
! The original treaty left TO the Mexican govern
ment the right to negotiate and transfer the
! $12,000,000 of the indemnity to be paid in stated
instruments. The Senate refused to ratiy this
on the ground that the transfer OF the debt would
remove all security for the faithful performance
of the treaty, and would furnish Mexico with the
means OF carrying on the war, should she be dis
| posed to renew it,
All these amendments were explained away by
the Commissioners, who signed protocol declar-
ing that the meaning and intent OF the reaty stood
unchanged, and that the government was bound
to carry it out asst was originally negotiated and
this agreement, binding our government to such
degrading conditions, is not only kept from the
people, but even from the Senate, without whose
consent no treaty can be constutionally made.
Well may the correspondent OF the Philadelphia
North American say, that this transaction has
"degraded the character of American diplomacy
below the juggling OF horse jocky."
Providence Journal
IN