The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-08-30

the ceded territories were protected by the cons,
tuition and laws OF the United States, the only
effect Of the tenth article OF the treaty 10 re.
suscitate grants which had been annued by the fail
ure OF the grantees to perform the conditions annexed 10
their grants The suppression OF that article therefore
was equivalent to refusal by the President and Senate
OF the United States to revive grants which invalid
at the time that the treaty made but il did not annu
valid grants Of lands made by Mexico in the coded terri
tories With this simple explanation. il is perfectly clear
that the commissioners OF the United States did not give
wrong construction to the treaty as amended by The
Senate. The second clause Of the Protocol is simple
assurance truth all admtthat grants made BY
Mexico in the territories coded to the United States pre-
the legal value which they may possess; and that
comfortably the law Of the United States, Legitimate
titles to every description OF property. personal and
existing in the coded territories, those which are h
climate titles under the Mexican law in California and
New Mexico up to the 18th Of May 1916, and in Texas
up to the I'd of March, 1885," In TRUTH the whole assu
ance given by the commissioners in their explanation is
given in the eighth article OF the treaty ITSELF which de-
clares, "n the said territories property Of every kind
now belonging to Mexcans not established there, shall
be involably respected The present owners the heirs
Of these, and all Mexicans who may hereafter acquire
said property by contract. shall enjoy with respect 10
guarantees equally ample if the same belonged to ci
zens OF the United States"
The third and last explanation contained in the Protocol
is as follows:
3d. The government of the United States by suppress
ing the concluding paragraph Of article twelfth of the
y, did not intend to deprive the Mexican republic Of the
free and unrestrained faculty ofcedng conveying, trans
carri inns ma mn be stl ha sum
twelve millions Of dollars which the same government Of
the United States is deliver in the places designated by
the amended article.
The concluding paragraph, which was suppressed,
contained these words Certificates in proper form, for
the said istaments respectively, IN such sums shall
desired by the Merican government, and sranysrabey
it. shall be delipered to the said government BY that Of tie
United States" This clause il will be perceived re.
quired that the United States should at once issue cef
Gates Of stock, transferable by the Mexican government
to the amount Of twelve millions Of dollars, and deliver
those certificates to that government The whole Of the
purchase money for California and New Mexico would
have thus been paid, in the form of transferable cer6
Gates to the Mexican authorities at once and the Mex
lean could then transfer those certificates
whom il pleased; and if it then refused to execute the
treaty. the United States would still be bound to the
tent of the unpaid certificates in the hands of third par
Ties The Senate in suppressing tins part OF the clause
Of the twelfth article Of the original treaty. left the
mander of that article in full force which stpuaes that
the United States will pay to Mexico $l2 100000,
annual nstaments OF three millions OF dollars EACH
geher with interest the at the rate OF six per
centum per annum. The obligation thus acknowledge
may be assigned to any person persons by the Mer
L..tt AZ
stand in the same position with Mexico and il Mexico
refused to execute the treaty, the United States might
properly withhold any nsalment which might be due
Such and none other, is the effect OF the third amend
mentioned in the Protocol trefuses to raise gov
eminent stock and to issue certificates for the amouno
be paid to Mexico, the agreed price of New Mexico
and California but II does not deprive Mexico Of the
right which every creditor has Of transferring the obga
ton Of his debtor to other persons when he may think
proper to do So II requires therefore, but moments
consideration to convince any mind, not PLANTED by pre-
judice nor naamed by personal luminosity, that the er
PLANTATION given by the commissioners of the United
States on this point strictly in accordance with the tenor
and effect Of the provisions Of the treaty approved
by the Senate and ratified by the President OF the United
States.
We have now considered every point connected with
the Protocol drawn up Quere,aro, and have vndcaid
the conduct Of the late administration and Of the CON-
mis- sicners who exchanged the aicaions OF the treaty
of peace with the Mexican authorities. We have moi
endeavored to expose the separate msstaiemens and
omissions contained in the official article in the National
Intsi,geneer That task had undertaken il, would
have precluded us from discussing subjects Of greater i'm
portance Besides those misstatemens and omissions
were evidently made by design; and all Of them tend
to cast reproach the administration OF Mr. Polk
and 10 mpeach the conduct Of Messrs Clifford and Sewer
They conspire give wrong and perverted Interpretation
to the treaty in its original form, in order to convey
false impression OF the effects Of the Senaies amendments
and to make them appear inconsistent with the expana
tons given in the Protocol We have contented our.
selves therefore, with stating the facts and circumstances
connected with the Protocol and the character Of thai
paper, and with explaining the effects Of the Sen.
a,e's amendments to which that paper REFERS as the
best and most satisfactory justification Of the conduct OIL
our commissioners and Of the pursued by the late
President in reference TO the Protocol And feel sure
that no impartial mind consider what we have said
and resist the conviction, that Messrs Clifford and Sewer
discharged their duties commissioners to Mexico with
fidelity and ablitythat they did not transcend their au.
thory in signing the Protocol drawn up at Queretaro
that the explanations contained in that paper in strict
accordance with the Mexican treaty, and that Mr. Polk
acted right in treating the Protocol itself he would
have treated the explanations which il contained bad
they been made verbally 10 the Mexican Minister Tor
Foreign Affairs and communicated in despatch to The