The Middlebury galaxy. [volume] (Middlebury, Vt.) 1848-1850, 1849-02-13
THE GALAXY.
MlDDLEBURY, VT.
Tuesday, February Is, lS49,
THE MEXICAN TREATY.

IHE MEAlCAN 1hEA
The accidental appearance OF Mexican news
paper in the city of Washington, has brought to
light some startling facts, respecting the Mexican
treaty, which our Government have hitherto care
fully concealed, and which reflect no little discrcd
it upon the persons Immediately concerned in the
final negotiations with Mexico,-and which, in
deed, would seem 10 devolve upon them some
what painful responsibility. The Constitution of
the United States it is well known, vests the pow
or of making treaties in the Executive, q by and
trith the adrice and consent of the Sendte"-virtual
ly constituting the Senate the treaty making pow
er. Accordingly, when Mr. Trist after being per-
emptorily recalled, and deprived of all the power,
originally conferred on him by the Executive, to
negotiate a treaty. did, nevertheless, persist in his
efforts to effect that object, and ultimately sue
ceeded in obtaining the consent OF the Mexican
plepipotentaries to certain articles of agreement
between the two hostile governments, our Presi-
dent referred these articles to the Senate, to be
ratified or rejected, in whole or in part, as they
should see fit. In substance, the whole power rest
ed with that body, to dispose of the case as they
pleased.
After considering the matter, for some weeks
and after many and important alterations, the
Senate finally agreed to ratify the treaty as it
| then stood-two articles, the 9th and 10th being
omitted entire-a substitute, of different import,
being inserted in place of the former, while the
whole subject matter of the latter was set aside.
The Executive Immediately despatched Messrs.
Clifford and Sewer, as Commissioners on the part
of our Government, to exchange notifications of
the amended treaty thus officially recognized and
approved by the President. as Trst's treaty had
not been, land down to within few days of the
present time, everybody supposed that this mis-
sion was entirely successful, and that its object
was fully accomplished. How great is our aston
ishmeht, then, to find that the Commissioners APP
pointed TO secure the ratification of this treaty as
amended by the Senate, and officially recognized
by President Polk, assumed to annul all these a.
mendments-esteemed by the Senate in the high
est degree mportant-did, in fact, set aside the
legitimate treaty entirely, and gave their assent
in substance, and pledged that Of our Govern
ment, to the Legitimate of Mr.. Trist
There is no fiction or mistake in all this-as-
founding as such al announcement appears. The
evidence exists in the following coicl of the trea-
ty,hitheho concealed entirely from our people,
which is nothing else than surrender of the Sen
ate's chief amendments, by our Commissioners.
and is, Of course, SO understood by the Mexican
Government We submit it to our readers, en-
tire without further comment.
PROTOCOL
Of the conference, previous to the ratifca-
ton and change of the Treaty of Peace, be-
tween Ambrose II. Sewer and Nathan Cliff
ford, commissioned as Ministers Plenipotentia-
ry on the part Of the United States of Amer
lea, and Don Luis de Ia Rosa, Minister of For
eign and Internal Affairs of the Mexican Re-
public.
In the City of Queretaro, on the 26th of the
month Of May, 1s4S, at conference between
their Excellencies, Nathan Clifford and Am
brose II. Sewer. Commissioners Of the United
States of America, with full powers from their
Government to make to the Mexican Repnb-
lie suitable explanations. in regard to the a
mendmcnts which the Senate and Government
of the said United States have made IN the
Treaty of Peace, Friendship, Limits and Defn-
lite Settlement between the two Republics,
signed in the City of Guadalupe Hidalgo, on
the I'd day of February of the present year,
and his Excellency, Don Luis de Ia Rosa, !
Minister of Foreign Affairs of the Republic |
of Mexico, it was agreed, after adequate con-
versation, respecting the changes alluded to,
to record in the present Protocol the following |
explanations which their aforesaid Excellen-
cies, the Commissioners, gave, in the name of |
their Government, and in fulflment of the |
commission conferred upon them, near the
Mexican Republic.
l. The American Government by suppress
ing the 9th article of the Treaty of Guadalupe,
and substituting the Sd article Of the Treaty
of Louisiana, did not intend to diminish in any
way what was agreed upon by the aforesaid
article 9th, in favor of the inhabitants of the
territories ceded by Mexico. Its understand
ing is that all Of that agreement is contained
in the Sd article of the Treaty of Louisiana.
In consequence, all the privileges and guaran-
tees, civil, political and religious, which would
have been possessed by the inhabitants of the
ceded territories, if the 9th article of the Trea-
ty had been retained, will be enjoyed by them
without any difference, under the article which
has been substituted.
2. The American Government, by suppress
ing the 10th article Of the Treaty of Guada-
lupe, did not in any way intend to annul the
grants Of lands made by Mexico in the ceded
territories. These grants, Notwithstanding the
of the article of the Treaty, pre-
serve the legal value which they NAV possess,
and the grantees may cause their legitimate
titles to be acknowledged before the American
tribunals.
Conformably to the law of the United States,
legitimate titles to every description of proper
ty, personal and real, existing in the ceded
Territories, are those which were legitimate IL
ties under the Mexican law in California and
New Mexico up to the 18th May, 1876, and
in Texas up to the I'd March, 1886.
5. The Government of the United States,
by suppressing the concluding paragraph of
Art IL Of the Treaty, did not intend to de-
prive the Mexican Republic of the free and
faculty of ceding, conveying, or
transferring at any time, Gas il may judge
best) the sum of twelve millions of dollars,
which the said Government of the United