davidaulloa/AmericanStories huggingface dataset:
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1849-02-28

ngeiratiGcalions here, if the amend
mems Of mEtrsaty proposed by Mexico,
on. being Submitted, should be adopted
by the .SeKate:of the United States.
II asse9uaily we'll satisfied that the
governmen of Mexico had agreed to
the treaiys amended by the Senate Of
the Uniled States, and did not regard
The Protocsl:as modifying, enlarging, or
diminishiagsits terms of effect.
The President of that rebuplic, in
submitting Ahe amended treaty to tue
MexicanS Gs5ngress, in his message on
the sthdsysof May 1S4S, said If the
treaty could have been submitted to
your deli6nIation precisely as it came
from the ksGds of the plenipotentiaries,
My satisfaction a, seeing the war at last
brought1o an end would not have been
lessenssd,Sas it this day is, in conse-
quence Of fe notifications introduced
into iis{bYslhe Senate Of the United
States, and s,Which have received the
sanction ofStlle President" SAT pres
ent il is sufficient for US 10 say 10 you,
hat-ifin5lha opinion of tho government,
Justice hadsEot been evinced on the part
Of the, Senate and government of the
U. Statessi5 Introducing such modidca-
tions, il ptesumed, on the other hand,
that thew are not of such importance
l,at,hey5shauld set aside the treaty. |
believe, ooIle contrary, that it oug ht
to be rali6eH upon the same terms in
whichit has Hlreddy received the sane
ton ofihe=American governmeni.-My
opinion issalso greatly strengthened by
the fact tl1atsanew negotiation is neither
expected nor considered possible; much
less could2anplhcr be brought forward
upon basis<more favorable for the re-
publie.nr
The .deliberation Of the Mexican Con-
gress, witlinb explanation before that
body from iIis United States, except The
letter ofthe Secretary of State, resulted
in the ratification Of the treaty as re-
"a al -. b.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1849-02-28

1S4S, submitted the amended treaty tc
the Mexican Congress, and on the 25ll
Of May that Congress, approved the
treaty as amended, without modification
or alteration. The final action of the
Mexican Congress had taken place be-
fore the commissioners Of The U. States
had been officially received by the Mexi-
can authorities, or held any conference
with them, OF had any other communion
ton on the subject Of the treaty, except
TO transmit the letter Of the Secretary OF
State.
In their despatch transmitted to Con-
gress with my message of the 9Th ofJuIy
last, communicating the treaty of peace,
darcd "Ci!y of Querelaro, May 25th,
1S4S, 9 o'clock p. m.," the commits
siuners say: "We have the satisfaction
TO inform you that we reached this city
this afternoon at about 5 o'clock. and
that the treaty, as amended by the Sen
ate Of the United Stales, passed the
Mexican Senate about. The hour Of our
arrival by vote, Of So TO 5. It having
previous y passed the House of Depu.
lies. nothing now remains but to ex-
change the ralifcations Of the treaty."
On the next day, (lhe 9th of May,)
the commissioners were for the first
time presented to the President Of the
republic and their credentials placed in
his hands. On this occasion the conf
missioners delivered an address TO the
President OF Mexico, and lie replied. In
their despatch of the 30lh cf My, the
commissioner say: "We en- ~ copy
Of our address TO The President, and also
a copy ofhis reply. Several conferren-
ces afterwards took place between Mes
srs. Rosa, Cuevas, Couto, and ourselves,
which il is not thought necessary to res
capilulale, as we enclose copy Of the
Protocol which contains the substance OF
The conversations. We have now the
satisfaction 10 announce that the ex-
change of ratifcdtions was effected to-
d""" This despatch was communica-
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1849-02-28

Piles of the federal constitution Of the uni-
ted States, to the enjoyment OF all The
rights oflhe citizens Of The United States"
1t provided, also, that in The mean lime
they should be maintained .'in the enjoy
ment of their liberty their property, aud
The civil rights now vested in them, ac-
cording to the Mexican laws" ltsccured
TO them similar political rights with Inc
inhabitants of the other territories Of the
United States. and at least equal to the
inhabitanls of Louisiana and Florida, when
they were in The territorial condition. II
then proceeded to guarantee that ecclesias-
tics and religious corporations should DO
protected in the discharge of the Offices oil
their ministry, and The enjoyment OF their
properly of every kind, whether individual
or corporae; and, finally. that there should
he a free communication between The
Catholics of The ceded territories ard The
ecclesiastical authorities, "even although
such authorities should reside within the
limits of The Mexican Republic, as defined
by This treaty."
+ The niulh article OF The treaty. as adopt
ell by the Senate, is much more comPre-
heusive in its terms, and explicit in lis
meaning, and il clearly embraces, in cons
psra,ively few words all The guarantees
inserted n the original article. II Is as
follows: "Mexicans who, in the terrific
rics aforesaid, shall not preserve The char
;cler of citizens Of The Mexican Republic,
conformably' what is stipulated in the
preceding article, shall be incorporated
into The Union OF the United States. and
he admitted, a, the proper time. 10 be
Judged of by the Congress of The United
srates,) TO the enjoyment of all The rights
ofcitizens of The Uniled States, according
10 the principles ofrhe constitution, aud in
The mean time shall be maintained and
protected in the free enjoyment OF their
liberty and property, and secured i'll the
free exercise of their religion without res
lrictinn." This article, which was sub
slautally copied from the Louisiana treaty,
provides, equally with The original article,
for The admission Of these inhabitants into
the Union; and, in the mean time, whilst
they shall remain in territorial state, by
one svpening provision declares that they
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1849-02-28

,-srgned at GaudArupc r11uaiso, y" ~
second day Of February last, between
the United States and the Mexican re-
public; and which on the tenth of March
last, was ratified by the Senate with
amendments.
They we're informed "that this brief
statement will indicate to you clearly
the line of your duty. Yoa arc not
sent to Mexico for the purpose of nego-
,iating any new treaty, or of changing in
any particular The ratified treaty which
YOU will bear with you. None of the
amendments adopted by the Senate can
be rejected or modified, except by The
authority OF that body. Your whole
du,y, will, consist in using every homo
rable effort 10 obtain from the Mexican
government ratification of the treaty in
the form in which it has been ratified by
the Senate, and this with the least prac-
,icable delay "For this purpose, il
may, and most probably will, becomc
necessary that you should explain to the
Mexican Minister for Foreign Affairs,
or to the authorized agents cf the Mexi'
can government, the reasons which have
Influenced the Senate in adopting these
several amendments to the treaty. This
duty you will perform, as much as pos
sible, by personal conferences, Dlplo-
matte notes arc to be avoided, unless in
case of necessity. These might lead 10
endless discussions and Indefinite delay.
Besides, they coull not have any prac'
lical result, as your mission is confined
10 procuring a ratification from the Mexi'
can government Of the treaty as it came
from the Senate, and does not extend tc
the slightest modification in any of ii:
provisions" ,"
The commissioners we're sent to Mcxi'
leo 10 procure the ratification Of the
treaty as amended by the Senate. Thei
instructions confined them to this point
It was proper that the amendments tc
the treaty adopted by the United State:
should be explained to tho Mexican gov
ernmcnt, and explanations were made
by the Secretary of Stale, in his lstte
of the 18th Of Marc 1S4S, to the Mexi
can Minister of Foreign Affairs, undc
my direction. This despatch was COM
munica,ed 10 Congress with my message
of the 9th Of July last, communicating
the treaty of peace, and published By
their order. This despatch was trans
milted by our commissioner from ,h'
city of Mexico 10 the Mexican govern
ment, then at Queretaro, on the III
of April, 194S, and its receipt was ack
now!edged on the l9Ih of the month
During the whole time that the treaty
as amended, was before the Congress o
Mexico, these explanations Of the Sec
retary of State, and these alone, wer
before them.
The President Of Mexico, on thes
explanations, on the 9th day Of May
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1849-02-28

garded il as in any sense new nego-
liation, or as operating any modification
or change of The amended treaty. II
such had beenSits effect, it was nullity
until approved by the Mexican Con-
gress; and such approval was never
made or intimaled to the United States.
Ia the final consummalion of the raliti.
cation Of the treaty by the President of
Mexico. no reference is made to it. On
the contrary, this ratification, which was
delivered 10 the commissioners of the
United States, and'is now in the State
Department, contains full and explicit
recognition of The amendments OF the
Senate Just as they had been communi>
Gated 10 that government, BY the Sccre-
tary Of State, and been afterwards ap.
/ proved by the Mexican Congress. 1t
declares that, "having seen and examln.
ed 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, confor-
mabIy to the requirement in the 18th
paragraph of the States, that body has
thought ,properzto approve of tho said
treaty with the notifications thereto, in
all their parts; aRdin consequence there
Of excr,ng the power granted to me by
the constitutions | accept, ralify, and
confirm the said treaty with its modif-
cations, and promise, in the name Of
the Mexican republic, to fulfill and Oh.
serve it, and cause il 10 be fulfilled and
observed"
Upon the examination of this Ploto-
col. when il was-received with the rai.
fed treaty, did not regard it as mate
rial, or as in any way attempting tc
modify OF change lhe treaty, as il had
been amended by tile Senate Of the
United States. s
The first explanation which it con-
tains is 'lhat lheAmerican government,
/ BY supprossins the:ninth article of the
lrealv of Gauadlnpe. and substituting
the third article ofihe treaty of Louisi'
ana, did not intend 10 diminish in any
way, what was agreed upon by The afore'
said article (nintl in1favor of tho in
habitants of thes territories ceded by
Mexico. It's understanding is, that all
of that agreementzis contained in the
third article Of thetreaty of Louisiana.
In consequence, all the privileges and
guarantees, civil, ,political, and religious
which would have been possessed by
the Inhabitants .ofScedcd territories, i
the ninth article ofilhe treaty had beer
retained, will be enjoyed by them with
ont any difference under tho article
Which has been substituted
The ninth article, Of the original treaty
stipulated for the incorporation Of tb'
Mexican inhabitants of The ccded terrific
ries, and The admission into the Union. "a
soon as possible. according TO The princi
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1849-02-28
FOR ORDINARY.

! The Friends Of VIRGIL NJ. WHITE
announce him as a Candidate for the office
Of Ordinary at the ensuing election: ;,
We are authorized TO announce EDWARD
PRESLEY, US Candidate for the Office Of
Ordinary at the ensuing election.
We are authorized 10 aunoance Coi
WILLIAM r. MOSS, as Candidate
for the Office Of Ordinary al the ensuing
election.
Esor., announce him as candidate for the OF
fee Of Ordinary Of this District, al the ensuing
election. :.
We are authorised to announce Nal
w. L. COLEMAN. as a candidate fol
Ordinary at The ensuing election.
The friends of HUGH A. NIXON, Esq.
respectfully announce him as Candidate
for the Office Of Ordinary, at The mex
Election.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1849-02-28
of this you may give them an absolute as

of this you may give them an absolute as
surauce."
On this point The language Of The Proto-
coils free from ambiguity; but if it were
otherwise, is there any individual, Amer
lean or Mcxican. who would place such
construction upon it as to convert it into
vain attempt 10 revive This article which
had been so ohen-, and so solemnly con-
demned? Surely no person could for one
moment suppose that either the commits
sioncrs of the Uniled Slalesfoi the Mexr
lean Minister for Foreign Affairs, ever en-
terlained the purpose Of thus setting at
nausht the deliberate decision of the Pres
ident and Senate. which had bcen cornrnua
nicaled to the Mexican government with,
the assurance tha, their abandonment OF
this obnoxious article was essential 10 The
restoration Of peace.
Bul the meaning Of the Protocol is
plain. 1t is simply that the qualification
Of this article was not intended 10 destroy
valid, legitimate titles to land which exis-
led and were in full force indep pendenlly Of
The provisions and without the aid Of this
article. withsIandins il has been ex-
Plunged from The treaty, these grants were
to .'preserve The legal value which they
may possess" The relusaIIo revive grants
which had become extinct was not 10 in:
validate those which were in full force aud
vigor. That such was Tie clear UNDER
standing of The Senate Of The United
States, and this in perfect accordance with
the Protocol, is manifest from The fact, that
whilst they struck from the treaty this uns
Jnst article. they al the same lime sanction
ed aud ratified The last paragraph of the
eighth article of the treaty, which declares
thar, "In the said territories, property of
every kind, now belonging TO Mexicans
uol established there, shall be inviolably
respected. The present owners, the heirs
Of these, and all Mexicans who may acA
quirc said properly by contract, shall en-
joy with respect to it guarantees equally
ample as if 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
protected under the constilutinn and lava
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1849-02-28
FOR TAX COLLECTOR.

The Friends Of Maj. ISAAC BOLES,
announce him as Candidate for the office
of Tax Collector, at The ensuing election.
We are authorized 10 announce Capt.
B.F. GOUEDY, as candidate for lbe
Office of Tax Collector, at the ensuing
election. JAM
The Friends Of Maj. F. W.BURT. an.
nounce him as candidate for Tax Collec-
tor. a, the ensuing election.
= The ftiends Of Col. J. QUATTLEBUM
announce him as candidate for Tax Col
lector, at the ensuing election.
We are authorized TO announce VIM. l.
PARKS, as a Candidate :or Tax Collec
tor, at the next election.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1849-02-28

itua authority of pastors resident within
the Mexican republic or the ceded terrific.
rics. Ii was, i, is presumed, 10 place this
construction beyond all question, that the
Senate superaddcd The words ''wihout
restriction TO The religious guarantee con-
tanned in lhe corresponding article Of The
Louisiana treaty. Congress itself does
no, possess the power, under The constiIu-
ton, 10 make any law prohibiting the free
exercise OF religion. If The ninth article of
the treaty, whether in its original or
amended form, had feen entirely omitted
in The treaty, all the rights and privileges
which either of them confers, would have
been secured to The inhabitants Of the ceded
territories by The constitution and laws OF
the United States.
The Protocol asserts that ''lhe ~hmeri-
can government by supprcssins the tenth
article Of tho liealy o! Guadalupe, did moi,
in any way, intend TO annul The grants
made by Mexico in the ceded territories;
tha. "hese grants, Notwithstanding the
suppression Of The article Of the treaty.
preserve The legal value which they may
possess; and the grantees may cause their
legitimate titles To he acknowledged before
the American tribunals" and then pro-
ceeds to state, that "conformohly to the
law of the United States, legitimate titles
10 every description Of property, personal
and real, existing ia the ceJed territories
are those which were legitimate titles un.
der the Mexican law in California and
New Mexico up to the thirteenth of May
1916 and in Texas, up 10 the second o.
March, 1886" The former was the date
Of the declaration of war against Mexico
and the latter that of the declaration Of in
dependence by Texas.
The objection 10 the tenth article of the
original treaty was, not that il protected
legitimate titles which our laws wone
have equally protected wlhou! il, but tha
i, most unjnslIy attempted to resusciialt
grants which had become mere nulllly
by allowing The grantees the same period
after the exchange Of the ratiticatlcns o
the treaty to which they hal been orIsl
naIly entitled after the date Of their grants
for the purpose of performing the condi
tons on which they had been made. In
submitting lhe treaty 10 the Senate, | hal
recommended the rejection Of this article
That portion Of 1t i'll regard 10 lands il
Texas did not receive single vote in me
Senate. This information was communl'
Gated by the letter Of the Secretary o
State to the Minister for Foreign Affairs o
Mexico, and was in possession of the Mexl
can government during the whole perlot
the treaty was before the Mexican Con
gress, and The article itself was repIobatet
| in that letter in The strongest terms
Besides, our commissioners TO Mexico haf
been instructed that "neilher The Presl
dent Tor the Senate of the United SIate
can never consent to ratify any treaty con
tanning the 10Th article of tho treaty
Guadalupe Hidalgo in favor OF grnnIee
Of land in Texas or elsewhere" AM
again: "Should the Mexican government
persist in retaining this article, then Al
prospect ofimmediae peace is ended; +; an
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1849-02-28
From the Washington Uniou, 9Th inst.
THE PRESIDENTS MESSAGE,
ON THE PROTOCOL.

From the Washington Uniou, 9Th inst.
THE PRESIDENTS MESSAGE,
ON THE PROTOCOL.
TO the House Of Representatives Of The
United States:
In reply to The resolutions of the
House of Representatives OF the ht'll
instant, communicate herewith report
from the Secretary Of State, accompa-
MED with all the documents and cores
pondence relating TO the treaty OF peace
concluded between The United States
and Mexico at Guadalupe Hidalgo, on
the I'd OF February, 1S4S, and 10 the
amendments of the Senate thereto, Ss
requested by the House in the said reso-
lu,ions.
Amongst the documents transmitted
will be found copy of the instructions
given TO the commissioners CT the United
States who took TO Mexico the treaty as
amended by the Senate, and ratified by
the President of the UniIed States. In
my message TO the House of Represen-
tali"es of the twenty ninth OF July, 1S4S,
! gave as my reason for declining 10
furnish these instructions, in compliance
with a resolution Of the House, that sin
my opinion it would he inconsistent with
the public in,eres, TO give publicity to
them at tie present time" Although it
may still be doubted. whether giving
them publicity in our own country, and
as necessary consequence, in Mexico,
may MOI have prrjudicial influence on
our public interests, yet, as they. have
been again called for by the House, and
called for IN connexion with other docu-
ments, to the correct understanding OF
which they are indispensable, | have
deemed il my duty to transmit them.
still entertain the opinion, expressed
in the message referred to, "tllat, as a
general rule, applicable to all our i'm
por,ant negotiations with foreign powers,
il could not fail to be prejudicial TO the
public interests iop1blist the instructions
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1849-02-28
NEW TERMS

xwo DoLhARs and Furry CENTS. perannu!n
ifpa,d in advance--S3 ifnot paid within sly M
months from the date Of subscription ahc =,
siifno, paid before the expiration of the tn
Wear. All subscriptions will be co son.lnnsa r1;sa
unless otherwise ordered before the expire
lion or the year but no paper WI. D;d DI u,I mr
coatiuued until all arrearages are pa'a' I'll
less at the option of the Publisher: ,
4 NV nerson procuring FIVE responsible SUD
% scribers. shall receive the paper Tor one
year, gratis. ,sar,oda,75
esrta per square, tl2 lines, or less, Tor os tne
srs,irser.on. and S7a for each conl'nuanss nr' 'S;
Those published monthly or quarterly, ,on,, w,
be charged 81 per square. Au1es"Sud s,;ens mark ed
nv @ ,hsm her Iill b. continued uutil ordered ou
Communications, postpaid, will bepFo1'pe
" and strictly attended 10.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1849-02-28
FOR CLERK.

NJ We are authorised to announce
WSi. NJ. JOHNSON, ESQ.,, candidate
for Clerk of the District Court Of Edgefeld
at the ensuing election.
% The friends of PETER QUATTLE-
BUM, Esqt.. announce him rs candidate Tor
the Office Of Clerk of the Court OF Common
Pleas, of this District, at the ensuing election
We are authorized TO announce IHOS.
G. BACON, candidate for reelection as
Clerk of the Court, fur Edgefeld District.
The friends .of Z. PENN, announce
him no Candidate for The Office of Clerk
ut the ensuing election.
Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1849-02-28

--.-.- 49, -luC JuIeu
States is 10 deliver in the places designa-
ted by the amended article"
The concluding paragraph, or rather
sentence, Of the original twelfth article
thus suppressed by the Senate, is in the
following language: Z" Certificates, in prop,
err form, for the said ins,aIments fespec.
lively, in such sums as shall he desired BY
the Mexican government, and trans(erra-
bic by il, shall be delivered to the govern
menl by lha, OF the United Stales."
From this bare statement Of facts, The
meaning of The Protocol is obvious. Al.
though The Senate had declined 10 create
government stock for The twelve millions
Of dollars. and issue transferable certificates
for tho amount, in such sums as the Mexi-
can government mi eht desire, yet they
could not have intended thereby to deprive
that government of the faculty which eve-
ry creditor possesses Of transferring for
their own benefit tho obligation of his deb-
tor, whatever this may be worth, according
10 his will and pleasure.
II cauuot be doubted tha, the twelfth ar.
lice of The treaty, as it now stands, con-
lans pusilive, obligation, in consid era
ton of The extension acquired by The boun.
daries of the United Sates," TO pay the
Mexican republic twelve millions Of dol
lars in four equal apnual instalnsnts Of
three millions each. This obligation may
be assigned by the Mexican government
TO any person whatever; but the assignee,
10 such case, would stand in no better con-
dirion than thai government. The amend
ment Of the Senate, prohibiting the issue
Of government transferable stock for the
amount, produces this effect. and no Inore.
The Protocol contains nothing from
which it can be inferred that the assignee
could righlfully demand tho payment of
lhe money in case the consideration should
fail which is stated on the face Of The obi-
gallon.
With this view of the whole Protocol.
and considering that the explanations
which il contained were in accordance with
the treaty. did not deem it necessary
to take any action upon the subject. Had
it varied from the terms Of the treaty, as
am ended by The Senate, although it would
oven then have been nulity in itself, yet
duty might have required tina, should
make this fact known to The Mexican eov-
ernmeut. This not being The case. lrea-
ted in the saline manner | would have
done had these explanations been made
verbally by the commissioners to the. .Mex-
lean Minister for Foreign Affairs. and
communicated in dispatch 10 The Stale
Department.
JAMES X. POLK.