The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-02-08
yHIHTIMTH CONGRESS-.
SECOND SESSION.
House Of Representatives.
WAsHINGroN, Feb. 5, l649.

House OF Rspresch cattvess
WAsHlssroN, Feb. 5, ls49.
the MEXICAN rhEArY-ITs VALIDITY QUESTIONED.
Houss that, far he was concerned he withdrew
the objection which he made to the resolutions Of Mr.
ns on Saturday He gave notice that he wished
The resolutions were read.
lThey published In the Herald Of Tuesday,
Mr. SrEPHESs-I move . suspension Of the rules,
that may introduce the resolutions.
Mr. HoUsrOr and otbsrs-There Is NO objection.
| Tbs SrAAxER-The question 10 ON the Suspension Of
Mr. NrcoLL-Thersis NO objection.
There i ro Question ana
The yeas and nays were taken, and the rules were
suspeDded-ysss lsl, nays (Messrs Dickinson Ings
The srrAnrR The question is on tho passage Of the
resolutionD
Mr. SrErHEys eaid that he had no intention this
morning OF entering into discussion Of the subject
He had good to believe that there such
paper Is the protocol in existence and that 1t was
Gig ned by commissioner and the Me xlesn Minister
Of Foreign Affair." previous to the ratification Of the
treaty This morning he wished to call attention to
few Of the points of the subject of the inquiry.
MI KAUFMAN rose to question Of order, whether
. the resolutions were debatesble.
The SPEAKER replied that ths was resolution day |;
but the House. having Suspended the rules, tho
buttons Of tho gentleman were subject tor debate
Mr.. STEPHENS remarked that the resolutions were
panied with the usual reservation, ito fur
nish the information with the pub
10 ntsrests He would state the reason for the oms
ion At the last session, after the ratification Of the
the alton of the President, call
made the Executive for the instructions to the Ams
lean connie but the Executive declined giving
he information the ground that 1t would be incor-
pstbl. with the public interests The message dated
the 28th of July ls4S The refused and
be did accompany these resolutions with
the usual precsuton. The cail was unconditional II
President does not respond Mr. Stephens said that
send for persons and papers The information which
he acted might be from looking at what he
upe Hidago and that with tho treaty as it
passed the Senate, and the explanations and assur
which he held in his hand be ntic
he would not undertake to say but his resolution GALL
ed for correct copy He had however, good reason to
the original treaty He then quoted the ninth article
Ct the original treaty which suppressed by the Sc
nate and contracted it with the guaranty In the
that by substituting the third article Of the
treaty of Louisiana the American government did not
intend in any way to diminish what agreed upon
the territories ceded by Mexico" He likewise read
what tho Senate substtutsd He did not intend to say
whether true not matter Of fact that the
ninth article ratified by the Senate is substantially
the same as the original xrtice agreed to by the Mex
tive Of the United States under the constitution has
right authority himself OF by an agent say to
Mexico rn.t the Ansrs.1 Senate Intended rsS He re-
spseisi agent to say that what tao Senate did
was matter Of form, and not Of substance. He had
striking the latter clause Of tho ninth article in
the original treaty, the vote was-yeas 18 nays 49,
(of whom be aid not intend speak disrsspect
fuly) in favor Of letting the words stand. Twenty
nine Senators raid they should net stand Now, how
the Executive and his agents that those Sens
tors who voted 1t should stand did not diminish,
any way the rights Of the people In those Territories!
alone can declare that they intensdd by striking out
these words "a. tts to strike out other words he
snd thirty. one aga, them. He found, again. the
name Of the sars Sea ~ who was subsequently, ap-
pointed Oft, u,soners, In favor Of the words
remaining as part O. -e treaty but thirty.one were
eanst their go aiming MI Stephens repeated that
the Executive had right to say to Mexico what the
teratiops In the original treaty, and condemned the
in the Protocol applicable othem. The
.S s1sa nHs doynsht n1Ss hs
Senate Of thu United States. He did not recognise
This treaty binding him as the supreme Law of the
and He did recognise the princip that the
President has the right to make treaty call the
House, who hold the purse strings to carry out,
without frst asking the representatives Of the people
20 mako en- appropriation.
orrENcE OF THE ExEcUTvE-wANT IMPUTED
WHO'S.
Mr. Houston, OF Alabama, did not intend to make
,ny remarks on the resolutions He did not anticipate
debate sprneiug up at this stage Of the procesdngs
he that after the reading Of the papers, the
House would find that the speech Of tho gentleman
and that it does gross injustice to the Pre-
ident It's little singular that the gentleman did
nents to refer the message Of the the
iocume nts which accompanied it, whom the treaty
s,urned afei Its and the event proclaimed
sould have found that the letter of MIR. Buchanan to
he Mexican Minister Of Foreign Affairs contained pre-
,sely what the commissioners acted on-the guide
.hich controlled them. And II 1t be true that the
wording of this protocol does not precisely conform to
he letter Of Instructions Of Mr.. Buchanan, he (Mr.
fousten) was that 1t could not be charged Is q
sult spon the government By an examination of this
PROTOCOL, and comparing 1t with the treaty itself as
buchanan, and with the Instructions, as matter Of
course, all these things substantially agree.
stter Of Mr. Buchanan to the Minister of Foreign
Affairs in Mexico and other papers. read them to-
a. the % Ss for 20 ss
he President refused to give them. wish to say In
sply to the gentleman, that Mr. Buchanan assumed
md made an argume Mt to convince the Mexican 60
ernment that the alter atoms matters of FORM
md not matters Of substance. II he could convince
make an argument, and smother thing to make Tho
nni.ter believe that it is co. But the Minister did not
elieve and accordingly he said, fit be so, sign
MIR HousroS resumed-He was Remaining, when in
euped that by comparing the treaty, Is 1t was orr
,ith the protocol there Is essential difference and
his he proceeded to show. He desired to know Why
nsssd into after the tire ty was ratified by tho Next
an Congress; and he read letter from MIR. Sewer to
Al Buchanan in support Of this assertion written on
MT srsruENs said that he was acquainted with that
ser bet the material part is, that Congress is not
bs government Of Mexico. 1t treaty until the
elton of the Mexican executive upon 1t. That exc
,utive refused TO act until he got this protocol.
ME- AsHMuN-T The letter Of Messrs. Sewer and Clif-
lated the SOib OF say, ana the protocol 10 dated the
9th Of May 1s4s 1t four days after this that the
xchanqe took place.
MIR Housr ON remarked that that was unimportant
ONT The gentleman said that the Congress Of Mex
90 IL not the government; but everybody who has
ooked into the constitution Of Mexico, knows that
,,im,stes to our own and that Congress reflects the
entime Of the country; and that when they pass
MEASURE there is no such thing the President Of
hat republic or Of this attempting 70 destroy or
unul IT, The treaty passed the Mexican Congress the
lay before our Commissioners arrived there:
Mr SrrPHENs-There 10 such letter; bat the proto-
al SAYS these expls having been accepted BY
he Minister of Foreign Affairs Of the Mexican Repub
TO- be declared, in the Of the government, that
nth the understanding conveyed by them, the same
would proceed to ratfy he treaty Of Qua
lAlupe, modified by the Senate and Government Of
he United States"
Mr.. HousroS inquired IL this protocol such
material part Of the treaty, why did not the Mexican
Executive send it to the Mexican Congressi The
allure to do shows that xco herself did not con.
idsr IL q part Of the treaty. Debate was not in the