Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-02-13

|
rics il The ninth article Of he treaty ad bren rc-
tanned, will be enjoyed BY them wlt,ou, any dr.
ference under The article which has been su5si,-
tutedn
Inc ninth article of The original treaty s!pu-
lated Tor The Incorporation OF The Mexican inha-
bilahts OF the ceded territories, and their admis-
sion into The Union, ''as soon AS possible, ac-
coriins 10 the principles OF The Fedora! Cons;i-
luton, 10 the enjoyment oi all he ngnts Of clii-
Gems VI the United STA es" II provided, also
that, ir The mean time, they should b. maintain
ed in The enjoyment OF their liberty, their pre-
perry, and The civil rights now vested III them &C.
cording TO the Mexican laws. Il secured 10 Them
similar political rights with The inhabitants Of
the other territories III the Uni.ed alcs, and al
least equal 10 Inc inhabitants 81 Louisiana and
Florida when They were in territorial condition.
IL .heB proceeded To guaranty iha! ccclesiaslics
and religious corporations should be projected in
the discharge oi The cffices OF their ministry aud
the enjoyment VI their property OF every kind,
whether infYlGna or corporate and, hna,iy, thai
there should be tree commnn'caien between
the ralholcs Of the coded territories and their &C.
| ciesiastcal authorities, "even although such au-
lhorires should reside within The limits OF the
Mexican Republic, as dffned ~ this treaty"
The ninth article o. the treaty, as adopted by
the Senate, is much more comprehensive i'll It's
terms, and explicit in lis meaning. and il clearly
embraces, in comparatively few words, all the
guarantees inserted in the orig final article II is
as follows: "Mexcans who, in the territories
aforesaid, shall not preserve The characte" of
citizens OF the Mexican republic, coniormably
with what is stipulated in The preceding article,
shall be incorporated into the Union OF the
United States, and be admitted al the proper
lime Ito be Judged of by the Congress of the
United States) 10 the enjoyment OF all The rights
Of citizens Of The United States, according 10
the principles Of the constitutions and IN the
mean time shall be maintained aud protected in
The Tree enjoyment Of their Liberty and p!opeily,
and secured in the free exercise 81 their religion
without. restriction" This article which was
substantially copied from The Louisiana lrea y,
provides equally wilh The original article Tor the
admission oil these inhabitants into The UGioa;
ard in The mean time hisllhey shall remain in
a territorial state, BY one sweeping provision, de-
clares that they "shaII bc main AIMED and pro-
leclcd in lie Tree enjoyment OF their li'erty and
property, and secured in The Tree exercise ci their
religion without restriction"
The guaranty embraces every kind oil proper
". whether held by ecclesiastics or laymen,
whether belonging 10 corporation. or individuals.
Il secures 10 these inhabitants Inc tree exercise u
their religion without restriction, whether they |
choose 10 place themselves under The spiritual
authority Of pastors resident within the Mexican |
republic or The cedcd territories. II was, II IS |
presumed 10 place this construction beyond all
question that the Senae sup.radded lie words |
"wilhou, restriction" 10 the religious guaranty |
contained in the corresponding articles ot the |
Louisiana treaty Congress itself Goes not pos
sess the power under The constituted 10 make any
law prohibiting the free exercise OF re'ision.
II the ninth article OF The treaty, whether IN lis
original or amended ioIm had been entirely omit
oil no iohr and Driv |
which either vi them coniers would have been Sc
cure,. 10 the inhabitants OF The coded territories
By The Constitution and laws Of The U. States.
The Proccui asserts that "the American Go
yernmenl, by suppfessiDs the tenth article Of lie
treaty Of Guadalupe, did not IN any way mend
10 annul The grants OF lands made by Maxico
in The ceded lerriories;" that these grams,
Notwithstanding The suppression 81 The article Of
The treaty, preserve The legal value winch lhey
my possess; and Inc grantees may cause their
lsG1iAtaf 'itfrdGsh ~ ssftra%sh'Tf'ts t-'?ts Ste
that. "conormab!y 10 The law ui Tue unHed states,
lroliima,e tides 10 every description Of properly,
personal and real, existing IN inc ceuea 'enI'c-
rifs. are those which we're legitimate lI'les undct
Tho Mexican law in California and New Mexico
nm 10 The thirteenth ot May, 1876, and IN Texas
mn n The second oil March, 1885, The crmet
was The dale ci thc decar ration oil war against
M,rico and the latter hat Of The declaration Of
independence BY Texas
The objection 10 the ienlh article ul Inc orlei-
raj lrealy was not that II protected lreitiha'e
lilies. which our laws would have equally pro
tected without il, but that II most uhus'ly al
tempted to resuscitale grants winch nag oec"he
mere nullily, by allowing The grantees Inc same
oerioi after The exchange OF the ratIllcalIons oil
H.. ,,.a,v IL which they had been originally en-.
,iiel auc, the date If heir grants, Ter me pnr-
nose al aerormin2 me conditions On when 'nrv |
I'D becn made In submitting The treaty 10 be |
SrnaI. had recommended The ffIrcion oi th's |
article That portion OF II IN regard !" ian1s ~
Texas did not receive single vo'e " nc De- |
naie. Thi, information was communicate oy !
me letter Of The Secretary u SAFE ~ hs Hihis-
Ter for Foreign Atiaiis 81 Nisalc", an was III
possession OF the Mexican GovfiEmsi.' a.f'hs
Inc whole period The treaty was peioic me heAr
can CONGRESS, and The article iise.i was rep'rpa-
,eI IN ina, etrcr in the strongest terms Besides,
IN, commissioners 10 Mexico had been ln-
s,rnc,ed that "nei,her the President nor Tie ST.
na,e Of the United States can ever conscnt 10 "a
ilv any treaty. containing The tenn aftlcle o. Inc
l,e,ry ol Guadalupe Hida 90 in favor OF grantees
a, land in Texas or elsewhers. hnh AGAIN
should The Mexican Government persist 10 re.
,ainiu- his article, hen all prospect ot imme'
d,a,e ceace is ended; aud OF this yon may give
| them an absolute ASSURANCE,
! On This poin. the language OF the pro'ocoi y
free from ambiguity; but II II were o'n,, N.s.i
| there any individual, American OF Ne@aa"'
wb, would place such a construction upon a
| - c,rv,r, !, inio a vain auempt 10 revive lhl>
| .r,;rl. which had been SO often ana ~ soe'''h5
cnn.lemnec3 Surely no person couln, LOT one mo,
| ,p.nt snnpcss hal either Inc CoH-'i,.S'u'ia "
| ~. IInitci States or the Mexican miH'sel ioi
| F,,esn 4 Eairs, ever enler'ainea me r"l pose "
Inns setting a. naushl the deliberate hec'sioh u
| The President and Senate, which had peeh com
municacd 10 the Mcxican Government, VIII
! tho assurance that their abandonment oil 'his %
noxous article was essential 10 lhc res'otdeiop
| II peace. l: ~;
Bn, The meaning Of the protocol is plain us
.;,onGy,ha, n, notification Of This article was
MOI intended 10 destroy valid. legitimate tues 70
l.nd which existed and we're in lni force, inde-
nenden,ly ol The provisions and without Inc AID OF
| mic article Notwithstanding II has Deen e4-
nunssd from the trca,y, these grants were 10
/, s,nreserye the legal value which hey may pos,
/ scss II The refusal 10 revive grams which haa
hscome extinct was not 10 inValidae those wh'cn
wer. in full force aud yigor. That such was
tre clear understanding OF the Senate OF ne =.
States. and this in perfect accoIdance WIN ~,
nro,ocol, is manifest from me Iac', .nas W."
hey struck from line treaty This uhJus, a', .ei
NOV a, he same time, sanctioned anu t".ii.u
,he lac, naraoraph Of Inc eighth article OF lhe
eay Which declares that "in me saa .s'f NOTES
properly OF every kind now bsons.ns " :" Me
pare M, established there, shall BE- tnVioiapy
,ssnac,ed The present owners, the heiis VI 'hese'
I'D ali Nexicans who may hereafter acqu"e
s,;d nronerly BY contract, shall ENJOY WIN res
100, r. !, guarantees equally ample as u me same
baiorsei n citizens of The United SAFES WIN,
~, INV stimulation in the treaty to lhls ehec', al
such valid titles under the Mexican uoselnueus
wound have been protected under the constitution
and laws of the United States
a' The ,hird and ias explanation contained d IN
The protocol is ,ha, "'he Government Of Inc UNI
led States, by suppressing the concluding para
granh OF article twelfth Of the treaty, d,a no. IN.
lend 10 deprive the Mexican Republic OF me ifee
and unfesraned faculty OF ceilne, CONVEYING. y,
transferring al any Tune las y may luass ~ ~
VIZ su ~ !. ...sL s, is II l.e