The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-28
lNTELlIGENCE By THE MAIls,

Our w darlington rresPondcnce.
WASHINGTON, June rs, 1873.
Tie Pat Administration aud the Present-7s<
Protcecl-1Ir. Clayon's Course in tive Matler-
Ow Foreign Policy, &c.
An effort Is being made on the part of certain
fiien6s Of the last administration to smooth over
the protocol affair, and induce the public to believe
That the present cabinet concurs in the position
taken by Mr.. Buchanan upon that celebrated, or,
rather, notorious, paper. The Union IN noticing
the rrmor that the Mexican Congress had disagreed
in the view taken Of that measure by the Mexican
minister here-and consequently agreeing with Mr.
Clayto ropositon-c0ngratuate itself upon tbs
fact, and gives the parties VINO first dragged the
protocol to light a delicate slap en- passant Mr..
Senator Fooe, too, In his long letter to Mr.. Wise
at Mr. Benton, takes occasion uiumphanty to
say
after thorough scrutiny Of all the facts, with
American feeling Il am not afraid to do them justioeJ
refused to sustain Mr. Benton in his protocol move
ment, and nobly resolved to maintain and vudicate
the and policy in reference this grave mat
ter adopted and prosecuted by tho administration OF
MIR. Polk; Mir Clayton formally sending for (ths
much can say without violating senatorial secrseyJ
and authorizing to declare for the new admiuis-
traton their determination in this respect and
tnaily handing me resolution drawn up under his
direction, asscrtive OF the validity OF the treaty"
We cordially deteSt huuibug III any shape, and
cannot, therefore, permit such statements as the
foregoing to pass without word or two OF expla-
nation. Mr. Clayton was one of the pruclpal
movers in the Senate against the protocol aud il
scarcely be believed that the fact Of his being
invested with the office of Secretaryof State could
change his judgment as respected that document.
The PROTOCOL which Processes TO be- an explain alton
at the amendment made TO the treaty by the
Senate declares in effect that every article whlch
was struck out Is Just as much In force il it
had remained: Ii any person doubts this, let
HIM look at the document, and he will see we
draw the only inference which can be made. Mr..
Clayto having moved to strike out nearly every
article which was omitted in the treaty, amended
that body upon the subject, saw at glance, doubt
less, that the "protocOl" was at direct variance
with the treaty; that it WIS Illegal, and not bind
ing and 50 stated at the time it was first made
The last administration boldly took the ground
that the protocol did not, IN the slightest degree,
conflict with the treaty and upon this view OF the
case, correspondence ensued between the Mexi-
can Minister and the Secretary of State, Mr.. Bu-
chanan The correspondence was no secret here;
the Mexican Minister having sent copies of It, as
we understand, to the different foreign ministers.
Senior Rosas, adopting Mr. Buchandn's ground
that the treaty and the protocol were one aud the
same thing-neither conflicting with the other
proved that, under the protocol" all the en-
pressarlo grants were in full force, and broadly
limited that still greater concessions could also be
enforced under il. To this communication Mr..
buchanan made no reply, and the Senior boosted
that he had cornered his antagonist. Thus mat
into office. And now comes the portion of his
tory" which Mr. Foote has touched upon.
1t will readily be believed that the Mexican mi.
mister felt DESTROYS OF pushing, his supposed .ad
vantage, and procuring from the present cabinet
an acknowledgment OF the binding character OF
the protocol. His imagination doubtless revelled
in The idea that two-thlrds Of California and New
Mexco-not TO speak of Texas-would have TO
be delivered over to Mr.. Macnamara, and the other
fortunate owners of the "cmpressarO" grants.
Already, was the Catholic religion established by
law ~ those golden countries. The. ''protocol."
II binding document guaranteed all these bless
ings-and binding the last administrator had de-
clare it 10 be; only they differed as to the proper
Interpretation Of Its clauses. Mr. Clayton at oucs
took the stand that the treaty, as ratified by tho
Senate here and the Congress Of Mexico, was all
| that was binding upon euher country; that he was
prepared TO carry out its provisions in good faith,
that under 1t the Mexican government had already
received several nstaments of the fifteen millions
we were 10 pay her; and that the protocol" was
known, at the time II was drawn up by the Amcri-
can commissioner and the Mexican government, to
be merely piece OF waste paper, Unconstitutional
upon lis face, and lnslncere IN It's character. Ii
was in fact suggested by the Mexican 90
| vernment to blind their own people, without 4
| thought that 1t was to be considered as part o.
the treaty-that, even were i a part and parcel o
the treaty, II amounted to nothing because it qua
rantied what was in direct violation Of the c6nst,-
tuition OF the United States, namely, State reli-
| glen, and 1t revived grants which could not b.
claimed under our law5-t!iat il is the duty of all
| governments, in making treaties with other powers
| TO make themselves acquainted with the constitu-
tons OF those countries and that uncOnstitution
al provls on Is binding In any treaty: Senior Rosas
WAS sllcnced He AT once forwarded the whole OF Mr..
| Claytons correspondence to his own government;
| ard as MIR. FoOte acknowledges that government,
seeing the high ground taken by the American
Understanding that the protocol was not bind
irg-,and despsiring of bullying government pre-
sided over by the hero of Bnena Vista, at once
guessed in Mr.. Clayton's views, and so the matter
is settled. What reason the last administration
has to congratulate Itself tor bringing this about.
is matter which we confess we cannot compre-
hend Had Mr.. Clayton followed out Mr.. Bu-
! chanan's course OF argument, we can re IDLY UNI
derstand how easily we might have become ia-
| volvrd In disgraceful position, aud our national
honor furnished 1t would have been no diffiouk
matter to have pointed to us nation who
| " Keep the word of promise to the ear,
And break II to the hope"
| In other words, wooden nutInegs and Eastwood
! hams would be regarded az fit emblems of our
policy; and instead of being able to hold up our
head, and proudly point to the manly course we
sneak ont of position at once humiliating and
dishonest
/ In the statements we have made we do not wish
to o. understood as possessing any private infer;
knewn IN diplomatic circles here, and accessible,
we suppose, to any person. We have reason to
believe our statements correct, and ifthey not,
IT Will be an easy matter, doubtless, to correct
them and prove where they err.
From indications too plain 10 be mistaken, tbs
foreign policy of the present administration will be
far different from that which preceded it. We
will have no more " protocols" to be discovered
merely by accidept-no secret negotiations for tho
purchase of countrics-in word, none of that
Metteinichlan diplomacy which, however neces-
sary in cespotsms is utterly beneath our character
and position. II il our pride to boast of the sim
pIcity and freedom of our institutions May we
for the future regard with as honest pride the
high toned feeling and purity which will pervads
our intercourse with other nations Omega
WASHINGTON, June 26, ISl0
Ex-senator Ucstcou and the Surgeon Generai-A
Flesh Supply Of Gsid-A,ripal Of General 1ay-
lars San, Dtcs-NIcjor General Seott-Ihs Eff
feet ofa Tight Finger Erng-Shuster, &c.
We arrived at the War Department to- day, '.jua
in time to be too late" to witness passage at