The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-07
The Protocol Again.

the late glorious contest with Mexico But in this sup
position mistaken. He forward with his
resolutions of inquiry again on Monday. And the
hemence with which he assailed the Mexican Protocol
must have mortified his friends, if he has any who
better informed than Mr.. Schenck. by forcing them to
recall the valiant deeds of the hero Of La NIancha.
Wing leaders, with their accustomed sagacty, have
denounced New Mexico and California worthless.
and some of them have determined to yield up those
countries in order to benefit the party whose behests they
obey. But the recent developments which prove our
new acquisitions to be the richest which have fallen
to the lot OF nation, was heavy blow to those rabd
revilers OF countrys They were forced to
look around them for some new pretext, no matter how
frivolous by which they might attempt TO dupe the pub
lie credulity-an easy task in their estimation AS the
result of this patriotic effort, the Protocol agreed upon
after the treaty of Guadalupe had been confirmed by the
Senate and President of the United States and the Senate
and House of Deputies of Mexico is brought forward
as evidence that our commissioners nullfed that treaty
We have hes aed whether to attribute this exhibition
of Mr. Stephens to his head or to his heart But due
Difference for the intelligence of his constituents forces
uso believe that they have not sent to the Congress
of the United States representative OF their interests,
one who ignorant of the fact that no act OF the Pres
dent alter, amend, in any manner affect treaty
which had been solemnly sanctioned according to the
constitution of the country The treaty amended had
been approved by Senate ratified and sealed by the
President and despatched TO Mexico by the hands of Mr.
Clifford. Mr. Sewer delayed by sickness few
days; but he also went to Mexico and joined Mr. Cliff
ford The letter from Mr. Buchanan, Secretary of State
to the Mexican Minister of Foreign Affairs, explaining
the nature and character of the amendments which had
been made by the Senate, was forwarded to Queretaro
That this right and proper, we did not suppose thai
even Mr.. Stephens would have had the hardihood to
deny. AT all events. that paper has been before Con
gress and the country since the 9th of July 1s45 and no
one has said aught against it.
Our commissioners detained in the city Of Mexico
several weeks while the treaty amended and approved
by the Senate and ratified by the President of the United
States, under consideration at Queretaro The
House OF Deputies approved the treaty, and the day
(25h May ls4s) on which Messrs Sewer and Clifford
arrived the then seat of government, the Senate OF
Mexico joined in that approval AT this stage OF the pro
ceeding there was no power on earth which could alter
amend the terms and provisions OF the treaty withou
reconsideration by the Senate and House of Deputies Of
Mexico resulting in alterations and amendments which
would of necessity, again be submitted to the President
and Senate, the constituted authorities of this country
All that could be done for the President OF Mexico
to refuse his signature and SEAL and break oil negoa
ton so nearly concluded. The President of Mexico did
do this he only desired explanation Of the nature
and effect of three of the amendments made by the
authorities of the United States the and provisions
of the treaty That explanation had been made by Mr. Blu
chanans letter to the Mexican Minister of Foreign Al
fairs The American commissioners also explained
The Mexican President satisfied by the explanation,
and affixed his signature to the treaty. and notifications
were duly exchanged The mere fact that the explana
ton of our commissioners was reduced to writing and
called Protocol, did not give it any additional force
whatever: it only served of ascertaining pre-
cisely what that explanation was, and nothing more
The President of Mexico although he desired that the
explanations of commissioners be reduced to writing
could have thought that they altered the terms of the
treaty; for independent OF the information furnished him
by Mr. Buchanan to the only mode of making treaty
stipulation under the constitution of the United States,
he knep that he could not. through his minister, (by
protocol otherwise alter the terms of treaty which
had been confirmed by the appropriate legislative depart
ments of his government
| The only question to be considered is, whether our
commissioners in their conversation Protocol, misn
terpreted to the Mexican government the effect OF the
amendments the treaty under the constitution of the
United States If they did, that msinterpetaon would
not have altered in the least the stipulaons OF the
treaty; for they had power whatever the provl
sions of that instruments fact of which MIR. Buchan-
an had notified Senior Rosas, by informing him of the
only constitutional mode in which treaties could be
entered into which would be binding the United
States If they had misled the President of Mexico
honor and good faith would have required govern
ment as soon as the fact made known, to
inform the Mexican government of it, disavow the
acts of its agents, and open another negotiation, il
Mexico required it, This is the only effect which
any explanation or Protocol could have, no matter
what its character might be. But the Protocol which
was agreed upon as the explanation of the terms
of the treaty by Messrs Sewer and Clifford, did not i'm
properly induce the ratification of the instruments
did it give a wrong interpretation On the contrary, when
the Protocol containing that explanation reached Wash
ington, found to be correct; and the communica-
ton addressedby the Secretary of State to the Mexican
Minister of Foreign Affairs containing his interpreta-
ton of the effects of the Senate's amendment I'm strict
accordance with which the Protocol had beer drawn,l
was Immediately communicated to Congress; thus moi
only informing Congress and the country of that inter
preaton but putting them in possession of the fact that
Protocol had been drawn up which contained the sub
stance Of conversations between the representatives oil
the two governments at Querearo. And even Mr.
Stephens must be aware that conversations, whether
reduced TO writing no, cannot invaldate treaty, al
though they may be dgnhed with the title Of Protocols