The daily national Whig. [volume] (Washington, D.C.) 1847-1849, 1849-01-23
MEXICAN CLAIMS AGAIN.


MEXICAN CLAIMS AGAIN.
Since our last on this subject, the Com
mittee on Foreign Relations in the House
Of Representatives, have reported back the
Senate Bill Of last session, providing, among
other things, for ascertaining and paying the
unadiusted claims of our citizens upon Mex
leo for spoliations, with amendments, that
do not affect the principle Of the Bill, which
Is, that the amount to be paid shall be limit
ed to the sum set down in the Frsit treaty.
Mr.. , r lngersoll has ofereda substitute ior
the Bill, which substitute provides, among
other things, for asceraning the sums justly
due by Mexico for spoliatlons upon our COM
merce, in those cases which have not yet
been before any tribunal for adjustment, and
for paying them, without reference to the
Limitation article in the treaty Of peace with
Mexico.
One Of the main arguments relied on by
those who contend, that the United States
are bound to ascertain and pay all unadjust-
edsclaims OF American citizens upon Mexico,
for spoliatons up TO the date Of the treaty,
is, that the U nited States, in undertaking to
discharge Mexico from all liability to these
claims without limitation, assumed, as a
necessary consequence fthis act, the burden
Of doing what Mexico would be otherwise
bound to do, namely, Of paying all just claims
OF our people upon her for spoliations. The
advocates Of this doctrine, and we confess
we are one Of them, because it appears to
US to be irreiutable, regard assumption as
the corollary Of discharge. The party hav-
ing the necessary authority, steps in between
the plaintiff and defendant, and releases the
latter from all obligations to the former. -
The effect Of such release, we think, is
justly regarded as an assumption, by the
party releasing, Of all the demands, which
the plaintiff may have against the defend
ant.
The tunctonary, who negotiated the trea-
ty Of peace with Mexico, whose acts have
all been sanctioned by the constituted author
tiles Of the United States, appeared to re-
gard the discharge, by the United States,
Of Mexico from all liability to be called on
to pay the claims Of our citizens for Mexi-
can spoliatlons, as necessarily involving
the assumption, by the United States Of all
the claims which their citizens would other
wise have against Mexico. We submit The
views Of Mr.. Trist, without further remark,
in the belief that they will not fail to carry
conviction to the minds Of Representatives
and Senators, in their deliberations on this
question, f..
-hemorandttm-S Saturday night, January %, lS4s
ASSUMPTION OF CLAIMS, g..
1.-THE article this subject as it stands In the orr
"Ginal project from Washington was objected &c
"by the Mexican Commissioners (as respects tn.
non-liqudated claims) the ground Of the ques.
tions and discussion for which il affords room in
consequence of the assumption and discharge being
blended together, and the former being united in
point of amount and otherwise qualified; thereby
afording ground for the objection, when the treaty
shall come under discussion, that, IN VERY Ma
"TuRE OF THINGS, the discharge could not but be
"lhnted and qualified in the same way. -
They proposed that there should be No LIMITATION
of the amount as to THIS GLASS OF CLAIMS either
'in connection with the discharge or with the as
"vove contradiction, that Mexico should receive
San UNQUALIFIED DISCHARGE from q class OF claims
the amount OF which could not be precisely known
at the time, the discharge was given, and yet thai
the amount assumed by our government should be
"a limited one. Suppose, that the amount of the
"claims allowed by our Board of Commissioners as
lust should exceed that LIMIT, what would the Uni
" ted States do then -? .a .'.
" / answered, that in the first place. the limit,
(which had been fixed, was founded on data suffi-
Client Tor a near approximation to the highest sum,
(which, in all probability, could be necessary 70,
paying the just claims and that, in :he next place
"if that sum should prove insufficient the DISCHARGE
"aivEN TO MEXICO, WOULD pRRsEST A CASE ron
THE JUSTICE AND EQUITY OF OUR CesGREss in ne
"sPEcT TO WHICH, THERE WAS NO DANCER OF ITS
"BEEa DIsREaARpED. Because the obligation Il
pay, noi1 contracted, was limited to u certain
amount it did not all follow that If justice should
require the payment Of a larger amount, prorison
Foutd not he made for paying he erceSS. '
49, Norsdid such restriction Of this obligation wea
ken the force of any other Of. farther obligation
(which might be involved or implied in the dis
charge given TO Mexico, any more than IL weakened
the force OF any other stipulation contained in the
treaty its sole eject lears that other or Eie,
obligation nhdtersr il might be, TO BE JUDGED OIL
AND DEALT WITH by ITSELF"
Mp. TRlST.
. To JAhEa BucHANAN, Secretary Of State ..
Erecaire Document, Senate No, So Isl .Sess, 30n
Congress, p. 293.
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Preparations for the President.
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