The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-02-11

WASHINGTON, February 8, l84O
INC <Tss'ss~f'' Message ~ relation to the TSsste
| --M,wesot0, etc.
AIter the transaction of business In tha Hans.
no especial public importance the President ~
mo united States communicated a message in "a
ply 10 me resolution of the House of the 9Th ia.
stant' calling tor certain papers connected vi,,
me rathcation OF the treaty between this coun,,v
and Mexico He incoses mass of docum..,.
such as official letters, and copy of the iustrrc
lions to our commissioners, who were sent "a
Mexico with the treaty as amended by the Amer.
can Senate. Their duty was to get it ratified bv
Mexico, with the least practicable DELAY. and I.
explain to the Mexican Minister the reasons which
influenced the Senate IN making the amen tments
This they were to do by conferences, and were NOT
to resort to diplomatic notes, except when abso-
,aiy necessary Their instructions dd not ex-
.end to modification OF the treaty in any of its
provisions. 1t was proper that the amendments Of
t1e American Senate should be explained, and OK
Ma,Oh Were made by our Secretary Of State
dent OF the United States These were commnn,.
caied 10 the Senate of the United Statrs and
puo!sheo by their authority During the time tho
Mero as an, dheaaed, was before the Congress Of
NeAco, Me explanations OF the Secretary Of
state state , were known to them. On the s,6 Of
May, 1S4s, the Mexican President subm;,,sJ
mem; men and on tho 2sth of May. the Mex
-. 'PPio'eu the treaty, without ameud-
ment or alteration. The final action took nIscs
before tho American commissioners had suv com.
munlcatlon with the Mexican government ~,
me next day, the commissioners were presented e
the Mexican government, and delivered an xddresa
to which the President of that republic reolisd
The protocol referred to was regarded merely al
an explanation OF the amendments. The treaty
was was returned from Mexico on the fourth Of July,
Io4S, ana was then proclaimed as the supreme law
Il the land Neither the papers nor the protocol
were communicated to the Senate; il rarely han
ems, In such cases, that all the ACCOMPANYING On.
ers are sent When these were received. peace
was restored the first instalment of three millions
was paid, the blockade had been raised and our
troops were on their return home; the treaty was
been executed. 1t was not competent for the Pro-
sldent and the Senate combined to annu the treaty
line commissioners did not regard the protocol a
part OF the treaty, or as modifying the anne nd-
ments OF the Senate. They had no authority to
alter or modify their instructions, which were. in
erect, to procure the ratification of the treaty and
with the least delay to send it to Washington
The President says that he was convinced that tho
Mexican government did not regard the protocol
as part OF the treaty. He then enters into an ar.
gument to show that the protocol is merely expla-
natory.
In the House, the chairman of the Committee on
Territories reported the Senate bill to give Ter
enc OF which proposes that the act shall take effect
on the tenth OF March next This is to give the
incoming President the patronage which will ro-
suit II Is highly probable that this bill will be-
come alaw before the adjournment of Congress.
In the Supreme Court, to-day, Justices Wood
bury, Daniel, and Nelson, conceded in the views
OF Chief JUSTICE fancy. delivered yesterday, ad-
bers, that the alien passenger laws of New York
and Massachusetts are unconstitutional O.