The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1849-02-16

Il HS.
tue of the stipulutions contained in this
article.
The foregoing stipulation in regard to
grantees ofland in Texas is extended to
all grantees of land in the territories ..
foresaid, elsewhere than in Texas, put in
possession under such grants; and, in de-
fault Of the ful6llment ofthe conditions Of
any such grant, within the new period,
which, as is above stipulated, begins with
the day ofthe exchange Of rati6cations
Of this treaty, the same shall be null and
void.
The Mexican government declares tha:
no grant whatever of lands in Texas has
been made since the second day of March,
one thousand eight hundred and thirty six;
and that 10 grant whatever of lands. in
any of the territories aforesaid, has been
made since the thirteenth day ofMay,
one thousand eight hundred and forty y-six
The above article, expunged by the
Senate, must certainly have had some
meaning, else the Senators stulti6ed
themselves.
The 18th article of the treaty, as origi.
nally made. it will be remembered by the
careful reader, provided two modes Of
payment for the $l2 100000 due to Mexi.
CO after the first nstalment of $4,000 900
had been paid: The first was to create
a Government stock bearing interest pay
able annually at the city Of Washington,
and redeemable at pleasure after the ex-
piration Of two years. The certificates
cfsuch stock to be transfsrable:-The
second mode was to pay by yearly install
men;s. of which the following is the con,
cluding paragraph:
Certificates in proper form, for the
said ins,alments, respectively, in such
sums as shall be desired by the Mexican
government, and transferable by it, shall
be delivered to the said government by
that oflhe United States"
The Senate refused to create stock
aud struck out the first mode entirely, and
also the paragraph above, which is par
ticularly referred to in the third explana
ton of the Protocol.
The President, in his reply to the reso-
lutions of Mr.. STEPHENS, admits that
such protocol was returned with the
treaty, but excuses himself for withhold
ing it from the Senate on the ground that
it is of no consequence. He endeavors
to sustain his position by long course Of
reasoning.
1t is something remarkable that the
protocol is ofno consequence, and yet the
President of the Mexican Republic re.
fused to give his assent to the treaty
without an understanding that the Senate
had made amendments and stricken oul
entire articles, which did not in any way
effect its meaning. 1t is something re
; markable that the Senators ofthe United
/ States should spend seventeen days in ex
amining the treaty, discussing it article
by article, and after all, modifying it il
such manner as not to alter its sense il
the least. OfMr. Folks justification, we
| leave tine reader to judge. We have Civ
on him the facts in the case.
; But it is also remarkable that MI
Polk should Withhold this protocol from
the Senate and from the public, claiming
f to himself the right tojudge ofits effec
, upon the Senate's amendments, and pro
ceeding to publish his proclamation o
Peace and to make provisions to carry thu
treaty into effect. 1t was one of ihos'
, assumptions Of power, ofwhich the pies
, ent Administration has been guilty, eve
: since its formation. The President il
q the first place, in direct violation Of .h'
q provisions Of the Constitution, plunge,
, the country into war, and afterwards Il
violation of the provisions of the same in
s,rument, which gives to the Presiden
n and Senatejointly the treaty making pow
er, he makes peace-thus exercising tn
/. prerogatives Of the most absolute monarc
s in tho teeth of written and republica
}. Constitution. 1t is even worse. Fo
G forms sake, he first asks the advice of tn
" Senate and after obtaining it, he proceeds
}, in direct opposition to their "advice an
o consent" to make the treaty, thus addin
l. insult to the Senate to Constitutions
o violation. For what is il but saying
the Senate of the United States. "yo
J.. have made amendments which have n
It meaning and which shall not insist uT
onl"
In this Government ,theP President and
, Senate can make treaty. The House
, it is true can refuse 10 make provisions fo
carrying it into effect, ifthey see prope
In Mexico, it requiers the action ofbot
Houses of Congress and the assent of tn
= President. The treaty, as amended
, our Senate passed the Congress Of Mex
=, CO; but the President refused to sign
=, without the explanations embodied in I'll