The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-09

abstraction to inform you that We reached this city tins
afternoon at about 5 o'clock, and that the treaty, rs
amended BY the Senate OF the United Saies passed the
Mexican Senate about The hour OF arrival BY vote
Of SO s. 1t having previously passed the House OF
Deputies nothing now remains but 10 exchange the
ION the next day, he goth Of May) the
were for the first tune presented TO the President of the
republic and their credentials placed in his hands. On
his occasion The commissioners delivered address TO
the President OF Mexro and he replied In their despatch
Of The 30h OF May the commissioners say: 1--WE enclose
copy OF address TO the President and also copy
OF his reply Several conferences afterwards took place
between Messrs Rosa, Cuevas, Couto and ourselves,
which il is not lhoaght necessary 10 recaPtulae. we
enclose copy of the Protocol which contains the sub
stance OF the conversations We have the satisac
ton 10 announce thai the exchange of rat1caons
Effected 10 day" This despatch communicated with
nv message OF the 9th OF July last and published by
The treaty, as amended by the Senate of the United
Safes with the accompanying papers, and the evidence
that in that fern il had been ratified by Mexico.
ceiyed Washington the 4th day OF July, ISIS, and
msdiatey proclaimed the supreme law OF the land
On III 9Th OF July communicated 10 Congress the
fed treaty, with such accompanying documents were
deemed material 10 iu understanding OF the subject 10
the end thai Congress might adopt the legislation
say and proper to carry the treaty into effect Neither
The address Of the Commissioners the reply OF the
President OF Mexico the occasion OF their nta
on nor the memorandum OF conversations embraced in
the paper called PROTOCOL the correspondence
sent communicated, because they not regard
ell in any way material and in this conformed TO
the practice OF government II rarely if ever, hap
pens that all the correspondence. and especially the in
suctions TO our ministers. is communicated Copies OF
these papers transmitted as being within the
resolutions of the House, calling for all such corre-
spondence as apperains to said treaty"
When these papers were received at Washington.
peace had been restored the first instament OF three
millions paid to Mexico. the bockades were raised the
city OF Mexico evacuated and our troops their return
home. The was at an end. and the treaty rs rat
and already executed in great degree In this cond
ton OF things it was not competent for the President
alone, for the President and Senate or for the Pes
dent Senate and House OF Representatives combined, to
abrosate the treaty. annul the peace. and
state of war. except by solemn declaration OF
Had the Protocol varied the treaty amended by the
Senate OF the United States, 1t would have had no bind
ing effect
II was obvious that the commissioners of the United
States did not regard the Protocol as in any degree part
amended by the Senate They communicated il as the
substance OF conversations held after the Mexican Con-
ges had ratified the treaty, and they knew that the APP
validity Of treaty in all it's parts, as the advice and con-
sent OF the Senate OF the United States They knew too,
that they had authority to alter or modify the treaty
in the form in which it had been RATIFIED by the United
States but that if failing to procure the ratification of the
Mexican government, otherwise than with amendments,
their duty imposed by express Instructions to ask
OF Mexico TO send without delay commissioner to
Washington 10 exchange Publications here, il the amend
mens OF the treaty proposed by Mexico on being sub
mtied. shoald be adopted by the Senate Of the United
States.
was equally we'll satisfied that the government of
Mexico had agreed to the treaty amended by the Sem
ale of the United States and did not regard the Protocol
modifying, enlargng, diminishing its terms or ef
The President Of that republic, in uniting the
amended treaty TO the Mexican Congress- in his message
on the sh day Of May lsis sa,d; ~ the treaty could
from the hands OF the plenipoienares, my sats.
faction seeing the at last brought TO end would
not have been lessened as i this day u.s. in
the United States. and which have received the sanction
Of the President" AT present is sufficient for US to
you that il in the opinion OF the government jus,
ce had not been evnced the part Of the Senate and
government OF the United States 10 introducing such
notifications it is presumed. on the other hand that
they not OF such importance that thsy should set
aside the treaty believe, the contrary. that it ought
be ratified upon the terms in which has already
received the sanction OF the American government My
opinion ia also greatly strengthened by the TACT that
negotiation is neither expected considered posi-
be much less could another be brought forward upon
basis more favorable for the republic"
The deliberations OF the Mexican Congress, with no
explanation before that body from the United States es-
cept the letter OF the Secretary OF State resulted 10 the
ratification of the reay recommended by the President
Of that republic in the form 10 which i had been amend
imboiea in the paper called Protocol took place after
the action of the Mexican Congress was compeisI AMI
there no reason to suppose that the government OF
treated il regarded il "a in any sense new neso-
liaon operating any modification or change OF The
amended treaty Il such had been It's erect, y was
such approval made or animated to the Uni
ted States In the final contamination OF the ratification
OF the treaty by the President of Mexico. refersnce Is
made to it On the contrary, this ratification, which was
delivered the commissioners OF the United Ntes and
is now in the Stale Department contains full aad ex-
pc recognition O the amendments OF the Senate lust as
they had been communicated TO that government by tne
Secretary of State and been afterwards approved by the
Mexican Congress 1t declares that. having seen and
examined the said treaty. and the notifications made by
the Senate OF the United States of America and having
given an account thereof TO the general Congress- con-
formally to the requirement in the i4th paragraph OF the
10th article of the federal constitution OF these United
States that body has thought pope, to approve OF the
said treaty with the notifications thereto. in all their
parts and in consequence thereof exerting the power
granted to by the constitution, accept, raty, and
confirm the said treaty. with its notifications and promise
in the name of the Mexican republic, to fulh and OBJ
serve it, and cause il to be nlilled and observed"
Upon an examination of this Protocol. when II was
received with the ratified treaty. did not regard 1t as
material, in any way attempting TO modify or change
the treaty. it had been amended by the Senate OF the
United States.
The first explanation which it contains is, that the
American government by suppressing the ninth article
OF the treaty of Guadalupe, and substituting the third
article of the treaty of Louisiana. did not intend to d
said article (nnih) in favor OF the inhabitants OF the
territories coded by Mexico Its understanding s, that
all Of that agreement is contained in the third article OF
the treaty OF Louisiana In consequence, all the PRIV
legee and guarantees, CIVIL POLITICAL and religious winch
would have been possessed by the inhabitants of the
ceded territories, il the ninth article OF the treaty had
been retained will be enjoyed by them without any dif-
ference under the article which has been substituted"
The ninth article of the original treaty stipulated for
the incorporation Of the Mexican inhabitants OF the
ceded territories, and their admission into the Unon Gas
soon possible, according TO the principles OF the fede
raj constitution TO the enjoyment OF all the rights OF citi
OF the United Saer IL provided also, that in the
time they should be maintained " in the enjoy
Of and thn fvhf