The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1849-02-14

count the votes for President and Vice Presi
dent, which was adopted, and Mr.. Clayton was
appointed teller on the part of the Senate.
The Senate resumed the consideration o.
the postage bill, and Mr.. Allen replied, at great
length, To the speech of Mr.. Niles, made on
Friday la>:.
Mr.. Prarce followed, but The Senate, without
action on the bill, adjourned.
HOUSE OF REPRESENTATIVES,.
Mr.. Sihley of Minnesota, offered a resolution
respecting the new mail routes on the Upper
Mississippi. Adopted.
Mr.. Tuck Offered IA preamble and resolutions
for settling dsaerccmcnts between nations
by arbitration. lie moved suspension OF the
rules, TO have the same acted upon. Motion
nsl.
Mr.. Stephens then asked and obtained gen
era consent to offer his resolutions Enquiry as
to the existence ola protocol to the Mexican
treaty.
The Clerk having read then,
Mr.. Wentworth called for the yeas and nays
upon the question Of suspcndng the rules.
Mr.. Houston Withdrew his objections TO Mr..
Stephens resolution, and the House, lSl TO 3,
suspended the rules TO receive the same.
Mr.. Stephens, in presenting the resolutions,
said that he considered the subject of great i'm.
porlancc. He did not intend to discuss the
matter but he had good reasons for believe
ing that such Il protocol, so signed, was in exls
fence. Al the close Of the last session, 4 cal.
was made upon the President for the instrnc.
tions to our commissioners. to which the Pres.
idcnt replied that hc deemed it Incompatible
with the public interests to furnish such instfuc-
tion<; that the treaty, as amended by the Sen.
ale had Lren ralidrdhy Mexico and rali6calon>
exchanged, and that in those instructions the
commissioners were Only directed to urge upon
the Mexican government the ratification Of the
amended treaty.
II thus appeared that the President had re.
fused 10 furnish the House with copy OF these
unIer which these assurances had
been given.
Mr.. S. proceeded to read the articles ofthr
original treaty stricken out by the >enate, and
also substituted, and the protocol having refer.
ence thereto; and cOntended that, whether the
explanations were or were not correct, the
President had nevertheless no constitutional
right whatever 10 give such instructions. The
vo;e in the Senate in favor Of part The original
9th article stood Is TO 30 and among the Etvorer
ofIhe original article, he found recorded the
name Of Que OF these commissioners, who sub
made these explanations, that the
change was not intended TO affect the rights Sc
rurcd hy the original article.
SO in regard to the other portion stricken
out Of the original OH article, the vote stood l6
10 81 in favor Of retaining the original words,
and The name of the same commissioner was
again found recorded among the l6, in the
affirmative. The explanations in the protocol,
n regard to the lOlh section. he contended
we're wholly unaulhnrSrd. and as regarded
ands in Texas, wholly incorrect in point of
act. In reference To the l2lh arlicc-the
power to transfer or dispose of the 100000
Is Mexico nigh, deem proper he believed the
ciinn ni the Senate was intended 10 prevent
'lryico from so diSpo.irg of il either TO carry
N war or for any other purpose.
Whether these explanations inyaldaie the
:ca,y or not. the Prpsilcn, had assumed pow.
RS which he had no right to assume. He did
lot himself recognize the validity OF the treaty.
" the power of the President and Senate to
make any treaty which imposed upon this
lousc the duty Of making appropriations to
AIRY il into effect.
Mr.. Houston, Of Ala, considered the move.
nont of the gentleman from Georgia prena.
!irc, aud as doing gross injustice to the Presi.
rmt. Bv n proper examination OF this prolo-
ol, and comparison of it and the instructions
With the original treaty and the treaty as
it would he found that there was no
i<crrpaucy, though the language of the proto.
ol might not be the precise language OF the
Instructions. The explanations were strictly
n accordance with the provisions Of the treaty
s amended by the Senate.
Mr.. II. conirnd"d that it would not be in the
owrr of the United States to divcst the hold.
RS of lands in the new territories of the titles
hey held prior to the ratification Of the treaty
nd it was folly to suppose tha, by any treaty
he government Of the United States intended
u abr"gatr any of these titles. whether of
hnrch property or any other. In this he coin.
ilrd with The doctrines OF Mir. l}uchanans
.ttrr, from which he read to sustain his position.
TIE protocol, though differing slightly in
,nglaue from the letter Of Mr.. Buchanan. is
Ircty in conformity with his doctrines, and
With the law on the subject. He further con.
ended that the Senate never intended TO pre-.
rnt MrSico from transferring or disposing Of
ne $4,000, 900 in such manner as she might
rern adviSable-thc amendment was made
l"rely to prevent the issue Of certificates Of
ebt by our government.
Mr.. II. denied that any fraud hal been
ractisrd upon the Government Of Mexico. and
lated the fact that the treaty, as amended. was
,tma!ly sanctioned by both houses of the
Irxcan Congress, bc:1rc the signing Of the
and the Mexican Minister Of
'oreign Affairs. II, then, The action of our
"na,e is necessary to the validity OF this pro-
,col, why was ii not also submitted, suhse
uenl!y to its ahnplinn, to tn" action of the !
lr>icau Congress! So far from this, how