New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-02-12

been = erect - vas nElty Until Approved ty thf
Mexican Congress snd such approval va. never made
or minated . ihe United safes 10 ihe fnal consum
mat OF the -afhcston OF taa Treaty ~ tie Prssdsu
OF Nsx.co DO reference 5 made % r.
On the cla.rary this ratification. which deliver
20 g. the Commissioners Il the United states and IA
now in the state Department. contains "a. sna eN
picit recognition Of the amendments 81 tie senate
ilsi a. they lad heen communicated 20 that govern
msnt BY the Secretary OF state. and been siterwNi
approved b the Mexican Congress 10 declares That,
having seen and examined the said Treaty sni tee
notifications made By The Senate Of the United >tstes
Of America and having given az sccoun; thereof 20 the
genera Congress. conilrmaby 70 the requirement u
lih paragraph q the 10th article Of the Federal Cor
sfuron OF these United states tbs, body hss thong
proper - approve the ss Tresy wth the moo ica
thereto In AT their psrts and IN c0ns-gg thereof
exsrins The power granted 10 me BY the Constitution,
! sccept rauy, snd connru he said Treaty with ifs
msdf cstOns and promise 10 the nsme 0i the Mexican
Republic % fufl snd Observer snt cause ia TO De full
i.led and observed
Upon an examination OF this Protocol when ., wa.
receives VIII the rsr1ec Treaty, Old not regard q -
material. or Ia any way attempting q modify or
change the Tresty A. bad been amended By the sen
ate 81 the United states
Tne frst expansion which il contains t. that the
American Government. BY suppresns the ninth article
% the Treaty Of Gusdsupe and substituting TIE third
article Of the Tresty Of Louisians DID Tot intend q d.
minsh N any vsy what wss screed upon by the aiore
ssd article ninth IN favor Of the Inhabitants OF TIE
Territories cedcd BY Mexico IL understanding = thst
al II thai agreement Is contained 10 the third article
Of the Treaty OF LOuisisna Ia Quence, All the
privileges and guarantees civil political and religious
which would have been possessed BY the Inhabitants Of
The ceied Territories il the ninth article Oi the lresy
hsd been retained vii De enjoyed By hcm without any
difference under the article which has been substituted
The ninth srcle Of the original Iresiy stipulated Tor
the Incorporation of the Mexican inhabitants oi the
coded territories, and their admission into the Union.
soon possible according % the principles OF the
Federal Constitution 20 the enjoyment Of all the ghis
u citizen. OF the Jnited states u provided, also.
that n the meantime they should be maintained 10 the
enjoyment OF their liberty their property and the civil
rights vested In them, according % the Mexican
laws Il secured 30 them similar political rights with
the inhabitants of the other territories OF the United
states and al least equal O. the inhabitants Of LOls
and Florida when they were In territorial condition
Il then proceeded 10 guaranty that eccessucs and re-
gous coryor lions should De- protected In the discharge
Of the Offices Of their ministry. and the enjoyment OF
their property Of every kind whether ndvdus or cor
poraie and hnaly that there should be tree commu
ncston between the Catholic, OF the ceded territories
and their ecolesascs author lies although such
authorities should reside within the limits OF the MeXi
Eau Republic a. defined by this Treaty
The ninth article the Treaty adopted by the sen
ate Il much more comprehensive In rs terms, and ex
pcit In its esnng and II clearly embraces. in com
psrstyey few words al the guarantees Inserted in the
original article 10 Is As follows MeNicsns Who In
the territories aforesaid shs not preserve the chArac
ter OF citizens Of the Mexican Republic, c0ntormsbly
with what stipulated in the preceding article shall be-
incorporated into the Union Of the United states and
be admitted II the proper time 90 be judged OF by the
Congress OF the United staies 70 the enjoyment Of 81
the rights citizens of the United states according 10
the PRINCIPLES of the Constitution and In the meantime
snail be maintained and protected In the free
OF their liberty and property and secured ia the Tree
exercise Of their religion without restriction. This
article which was substantially copied from the Louis
lana Treaty provides equally with the original article
for the admission Of these inhabitants into the Union
and in the meantime, while they shall remain in Ter
ritoria state by sweeping provision declares that
they shall be maintained and protected in the free
ioyment 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 ecclesiatics or lsymen whether be
longing 10 corporations individuals II secures 20
these Inhabitants the free exercise Of their religion
without restriction whether they choose TO place them
selves under the spiritual authority Of pastors resident
within the Mexican Republic or the ceced territories
wss IL presumed 10 place this construction beyond
all question. that the Senate superadded the words
without restriction 10 the religious guarantee con
tanned in the corresponding article of the Louisiana
Treaty Congress Itself does not possess the power,
under the Con stiuuOn 10 make any AN prohibiting tue
free exercise of religion. u the ninth article Of the
Treaty, whether in its original or amended form mao
been entirely omitted In the Treaty All the rights and
privileges which either Of them c)niers would have
seen secured the Inhabitants Of thu coded territories
by the Constitution and laws of the United sstes.
The Protocol asserts that the American Government
by suppresing the 10Th article thu Treaty OF Gdads
!ope did In any way intend 20 snnu the grants OF
land made BY Mexico in the coded Territories that
these 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 DO Acknowledged before the Amer
can tribunals and then proceeds 10 state, that con
formally ~ the lay VI the United states, legitimate
titles 70 every description OF property, personal and
real existing in the cedsd Territories those which
we're legitimate titles under the Mexican law In Csof
MA and New NJ xco up 10 the 18th Of May lo4o and In
Texas W 10 toe "a OF March, 1850 The former was
the date Of the declaration OF against Mexico and
the latter thst OF the declaration Of Independence by
Texas
The objection TO the tenth article OF the original
Treaty was not that protected legitimate titles which
our laws would have equally projected without H. but
that il uDjusty attempted 10 resuscitate grants
which had become mere nullty, ~ allowing tne
grantees the period after the exchange OF the
Publications Of the Treaty 20 which they had been ori
enay entitled after the date Of their grants for the
purpose OF performing the conditions which they
had been made In submitting the Treaty 20 the SENATE
had recommended the lection OF this article. That
portion Of Il In regard 20 lands In Texas did not re-
ceive a single vote In the senate.
This information was communicated BY the letter OF
the secretary OF State - the Minister Tor Foreign AT
fairs Of Mexico and was In possession OF the Mexican
Government during the who'll period the Treaty was
before the Mexican Congress and the Article pe ws'
reprObsied In that latter IN the strongest terms beside
our Commissioners 10 Mexico had been Instructed mat
neither the President nor the senate Of the United
States can consent 70 ratfy any Treaty containing
the 10Th Article Of the Treaty Of Guadalupe HldAgO IN
favor OF grantees OF land IN lexas or elsewhere ana
again Should the Mexican Government persist In re-
tanning this Article, then ali prospect OF immediate
peace Is ended and Of this you may give them an ab-
solu,e assurance.
On th. point the language Of the Protocol "a free from
ambiguity but II il otherwise Is there any ind
vidua American or Mexican who would place such
construction upon 10 convert Il into vain stempt
10 revive this article which had been often and -
solemnly condemned surely No. person could Tor one
momen. suppose that eth the Commissioners OF me
United states or the Mexican Minister for FOREIGN Al
fairs ever entertained the purpose u thus setting A.
nausht the deliberate decision OF the President and
senate which had been communicated 20 the Mexican
Government With the that their Abandonment
OF this obnoxious article essential to the restoration
Of peace.
Bat the meaning Of the Protocol IS plain. /, 10 simply
that the nuihcsti0n Of this article DOT Intended u
DESTROY valid legitimate titles % land which existed and
were 10 full force Independently Of the provi.ons and
without the AID OF this article kOtwithstanding u has
been expunged from the Treaty, these grants were =
preserve the legal value which they may possess -
The refusal % revive grants which nsd become extinct
yss not 20 nvsdse those which were Ia ig force and
vigor.
That such was the clear understanding Of the senate
Of the United states and this In perfect accordance
with the Protocol s manifest from the fact that whist
thew struck from the Treaty this unjust article they 81
the same time sanctioned and ratified the last paragraph
Of which declares that.