The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-02-11

seen and examined The said freely and the m,diass
res, end having given shsrsof 20 the gene
18th paragraph o. the iiesh srtes Of che federal con
stuton Of these ned Statss that body has thought
proper approve Of the said treaty With the moddes
lions thsrsto mall their psrts ana In eoassq
soo.p ns s eng sosst% q. :d 10
with its odin oations PROMISE In the Of ths
Mexican republic to fun snd observe It, and cause II
Upon a. examiaation Of this protocol, whom IL wss
received with the ratified treaty did not regard -
tho or :: n Sy sh
nate Of the United States.
The first explanation which 1t contains L. that the
ole Of the treaty Of Gusdsups aud su6stituting the
third article Of the treaty Of Lousus did not ntsad
sao. Of sS
the territories oeded by Mexico It's Is
that all Of that agreement 10 contained In the third
article the treaty Of LSuisisns In oouseQuence ell
tt privileges and civil political and rel
gous which would have been BY the inhsbi
tsnts Of the oedsd territories tns ninth srss ., sns
without any under the article wnien mas been
substituted"
The ninth article Of original treaty stipulated
the Of the Mexican Inhabitants OF the
ceded territories and their admission Into the Union
- soon As possible according to the OF the
Of citizens of the United State" 1t provided, Also
that in the mean time they should be maintained " In
civil rights now vested in them, according to the Next
can aWsn II secured to them similar political rights
with the inhabitants Of the other territories OF the
ted States and at least equal to the Inhabitants Of
Louisiana Florida, when they were In territorial
condition 1t then proceeded to gusrsntee that eccie
sastics and religious corporations should BE- protected
in the discharge Of the offices Of their ministry and
the poy of their property OF every kind whether
individual corporate; and, finally that there should
be free communication between The Catholics OF the
oedsd and their ecclesastica authorties
eve although such authorities should reside Within
the limits of the Mexican republic, a. defined by this
treaty"
The ninth article Of the treaty - adopted by the
Senate 10 much more comprehe In It's terms, and
comparatively few words, all the guarantees Inserted
in the original article. IL IL IS folows Mexicaus
who in tho territories Aforesaid shall not pI essrve the
character Of citizens Of the Msxiosn republic conform
ably with what is stipulated in the preceding article
shall be incorporated into the Union Of the United
States, and BIZ admitted, Ut the proper time ito be
Judged OF by the Congress of the United Stsse the
enjoy ment Of all the rights Of ctssns Of the United
States according to the pncinies Of the
and in the time shall be maintained and pro-
tected In the free enjoy Of their liberty and pro-
perty and secured in the free exercise OF their religion
without restriction This article which subsEsn-
tally copied from the LousisnA treaty
~ with the original article for the admission OF these
Inhabitants into the Union; and, In the mean time
ping provision declares that they "sha be main
tanned aud protected In the free enjoyment OF their
liberty and property and secured in the free exercise
of their religion without restriction
This guarantee embraces every kind Of property,
whether held by eoclesastics or lay men, whether b.
pgng to corporations individuals secures to
these Inhabitants the free exercise Of their religion,
without restriction whether they choose to place them
selves under tho spiritual authority Of pastors resident
within The Mexican republic or the cedsd territories
1t was 1t is presumed to place this construction bs
yond all question, that the Senate supsrsdded the
without restriction" to the religious guarantee
in the corresponding article Of the Loui-
siana treaty. Copgrees itself does not possess the
s IT to
of the treaty whether in Its original amended FORM
had been entirely omitted in the treaty all the rights
and privileges which either Of them oonfers, would
have bee ured tho Inhabitants Of the oedsd
ritoriss by the constitution and laws OF the United
States.
the protocol asserts that I" the American govern.
ent BY suppresspg the tenth article Of the
Guadalupe, did rot In any way intend to snnui the
RESP that these grants, Notwithstanding the sup
preston Of articles of the treaty preserve the legal
value which Mey may posfsss; and the Grantees may
cause their legitimate titles to be before
the American tribunals !" and then proceeds to state
that comfortably to the law Of the United States,
titles 70 ns n sn o. per-
those which legitimate titles under the Mexican
law in California and New Mexico up to the thirteenth
1885," The former the date Of the declaration Of
against Mexico and the latter that OF the dscara
ton Of Independence BY Te.ss ,., ~ ~, ,..,
treaty was that protscted egmase titles Witch
would have equally protected without 1t, but
that 1t most upjusy attempted to resuscitate grants
which had become mere nuility, BY allowing the
the period after the exchange OF the rat
Of tns 70 M s
psse Of performing the conditions on which they had
been made In submitting the treaty to the Senate,
had recomne ndsd the ejsetion Of this article That
portion Of it In regard to lands in Texas did not
eeive . single vote in the Senate. This information
was BY the lsttsr Of the Secretary OF
and was in possession OF the Mexican government
during the whole period the treaty Was before the
Mexican Congress, and the article itself repro
bsted in that letter in the strongest terms Besides
our commissioners to Mexico had been instructed that
neither the President nor the Senate OF tae United
States can consent to rstify any treaty contain
ing the tenth article Of the treaty Of Gasdalups HI
dago in favor Of grantees Of land In Texas or else
vheren And again " Should the Mexican govern.
mt persist retaining this article then ell prospect
of immediate peace 10 ended and OF this you may give
them absolute assurance"
On this point the language Of the protocol Is free
from ambiguity; but II IL other is, Is there any
individual, American or Mexican, who would place
such upon II as to convert It into vain
TO revive this article which had been often
and 90 sole nny condemned! Surely NO person could
for one nome suppose that either the
Of the STATES o. as the ~ 10.
at naught the deliberate decision Of the Presi
dent and Senate which had been communicated to
the Mexican government with the assurance that their
aba mt of this obnoxious article essential 20
the restoration OF peace.
But the meaning Of the protocol Is plain 1t 10 sim.
py that the nuLihcation of this article was not To-
tended to destroy valid legitimate titles to land which
existed and in full force Independently Of the
prOvelOnS ana Wltnoub Iuo hu VI tuiy ekttoio NOts
ding IL has been expunged from the treaty,
these grants to preserve the legal value whioa
they rasy possess" The refusal to revive grants
which had become extinct not to invsldste those
" heh were In full force and vigor. That suoh
the clear understanding of the Senate Of the United
States and this perfect accordance with the proto-
COL is manifest from the fact, that whilst they strack
from the treaty this unjust article they at the
time sanctioned and ratified the last paragraph Of the
eighth article Of the treaty, which declares that, la
the said territories property of every kind, be-
longing to Mexcans not established there shall be in
volabiy respected The present owners, the heirs Of
these, and all Mexicans VINO may hereafter acquire
said property by contract, shall eojoy with respect to
It equally ample as II the same belonged to
citizens Of the United States"
without any stipulation in the treaty to this effect
all such valid titles under the Mexican government
would have been projected under the constitution
and laws Of the United States.
The third and last explanation contained Ia the
protocol IL, that :" the government Of the United
States by suppressing the concluding paragraph OF
article twelfth of the trenty did not intend to deprive
Mexican republic Of the free and unrestraned IA
Guilty Of ceding, conveying or transferring, at any
time las may judge best tho sum OF twelve millions