Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1849-02-16

for the President and Senate. or for the Presi-
dent. Senate. and House of Representatives
combined, TO abrogate the treaty, to annui Inc
peace, and restore a state OF war, except by
a solemn declaration OF war.
Had the Protocol varied the treaty as amen
ded by the Senate Of the United States, 1t
would have had no binding effect
Ii was obvious that the commissioners OF
the United States did moi regard the Protocol
as in any degree part OF the treaty. nor as
modifying or altering the treaty as amended
~ the Senate. They communicated il as the
substance of conversations held after the Mex
lean Congress had ratified the treaty, and they
knew that the approval of the Mexican Con-
gress was as essential to me validity OF
treaty in all its parts. as the advice and con
sent of the Senate of the United States. They
knew, too, that they had no authority to alter
or modify the treaty in the form IN which II
had been ratified by the United Mates, but
that if failing to procure the ratification ofthe
Mexican government, otherwise than with a
mendments, Their duty imposed by express
instructions, was tc ask OF Mexico 10 send
without delay commissioner 10 Washington
10 exchange notifications here. ii the amend
ments of the treaty proposed ny MeXlco, on
being submitted, should be adoptei! by the
Senate of the United States.
was equally we'll satisfied that the govern
ment of Mexico had agreed TO The treaty AS a.
mended by the Senate of the United States.
and did not regard the Protocol as modifying,
charging, or diminishing IFS terms or effect
The President of that republic. on submit
ting the amended treaty to the Mexican Con-
gress, in his message on the 9Th day of May,
ls48. said &c If the treaty could have been
submitted 10 your elaboration precisely as II
came from the hands of the plenlpotentlares
nv satisfaction at seeing the war at last bro't
to an end would not have been lessened, as it
this day is. in consequence of the modifica-
lions Introduced into it by the Senate of the
United States, and which have received the
sanction of the PreSident.'' $ AT present it is
sufficient for MS to say to YOU. that if in the
opinion of the government justice had not
been evinceu on the part Of the Senate and
government of the United States, in introdu-
cling such notifications, it is presumed, on
the other hand, that they are not of such i'm
portance that they should set aside the treaty.
believe, on the contrary, that it ought TO be
ratified upon the same terms in which ii has
already received the sanction of the American
government. My opinion is also greatly
strengthened by the fact that new negotiation
is neither expected nor considered possible
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 except the letter OF the Sec.
rotary of State, resulted in the ratification OF
the treaty as recommended by the President
of that republic, in the form in which it had
heen amended and ratified by the United States
The conversations embodied in the paper call
ed Protocol took place after the action o.
the Mexican Congress was complete; and there
is no reason to suppose that the government
of Mexico ever submitted the Protocol TO the
Congress, or ever treated it or regarded it as
in any sense new negotiation, or as opera
ting any modification or change of the amen
ded treaty If such had been it's effect, it was
a nulIity until approved by the Mexican Con
gress; and such approval was never made Of
intimated to the United States. In the fina
consummation Of the ratification of the treaty
by the President of Mexico, no reference i:
made to it. On the contrary, this ratification
which was delivered to the commissioners O
The United States. and is now in The State
Department, contains full and explicit re
cOgniton of the amendments of the Senate
just as they had been communicated to tina
government by the Secretary of State, ant
been afterwards approved by the Mexican
Congress. 1t declares that, g having seen ant
examined the said treaty, and the notification.
made by the Senate of the United States O
America, and having given an account theTeo
to the general Congress, confurmahiy 10 tn,
requirement in the l4th paragraph of TIT
lIOh article of the federal constitution O
| 4 1TnifoI Stofoc fhof h03y, hoe III
proper to approve of the said treaty with th.
in consequence thereof, eXerlng the powe
granted to me by the constitution. accept
ratify, and confirm the said treaty with it,
notifications, and promise, in the name of TIT
Mexican republic. to fulfill and observe it
and cause it TO he fulfilled and observed"
Upon an examination of this Protocol
when it was received with the ratified treaty
| did not regard it as material, or as in ar,
way attempting 10 modify or change the trea
ty, as it had been amended by the Senate O
the United States
| The first explanation which it contains is
that the American government, by suppress
ing the ninth article Of the treaty of Guada
| lupe, and substituting the third article of th
treaty of Louisiana, did not intend tn diminish
in any way, what was agreed upon by the a
foresaid article (ninth) in favor of The inhabi
tants OF the territories ce1e by Mexico IT.
understanding is, that al! of that agreenent i
contained in the thir! article OF he treaty u
Louisiana In consequence, all the privilege
and guarantees, civil, political, and religious
which womb have been possessed by the in
habltantS of the coded territories if The ninlI
article OF the treaty had been retained. will b.
enjoyed by them without any difference unde
the article which has been substituted"
The ninth article of the original treaty slip
ulated for the Incorporation of the Mexican in
habitants OF the ceIed territories, and their all
mission into the Union, Sc as soon as possible
according 10 the principles of the federal con
~tituton. TO the en- oyment of all the rights O
citizens of the United States' 1t provided
also, that in the mean time they shoui b
maintained ''in the en- oyment OF their liberty
their property, and the civil rights now veste
in them, according TO the Mexican !aws."-
1t secured TO them similar political rights wit
the inhabitants OF the other territories of tn
United S,ares, and at least equal 10 the in
habitants of Louisiana and Florida, when the
were in a territorial condition. 1t then proceeI
ed to guaranty that eccIesiastics and religion
corporations should be protected in the dis
charge Of the offices of their ministry, and tn
enjoyment OF their property of every kin;
| h ThorI Il, Il.