Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1849-02-19

de-i territories are these which were legmae titles
ucder the Mexican law in Catturnia and New Mexico
un to the thirteenth Of Nav 1876 and IN Texas NJ To
the sernd Of March. 1885, The Turner the
date Of the declaration Of the against Mexico, and
The latter that If the declaration u independence BY
Ievas.
The objection The tenth article NJ the original treaty
not that it protec ed legitimate titles which laws
would have equally protected without H. but that il
most unJusy attempted 70 resnscitae grants which had
become nullity by allowing the grantees the
period after the exchange of the hcatun Of The
w. to which they had been originally entitled after
the date Of their grants. for the purpose Of performing
The conditions which they had been made. In submit
ting hetreaty othe Senate had recommended the reec
ton of his article. That portion OF II IN regard to land:
in Texas did receive sing lie vote in the Senate
This information communicated bv the letter Of the
Secretary Of State t. the Minister for Foreign Affairs OF
Mexico, and was in possession of the Mexican Govern
during the whole period the treaty was before the
Mexican Congress and the article setwas eprobated in
that latter in the strongest terms Besides our Commits
soners Mexico had been instructed that 'neher the
President The Senate Of the United States ever
consent 10 atiy treaty containing the tenth article
Of The treaty Of Guadalupe idagp in favor Of the gran
tees Of land in Texas ei,ewhe Ard again !;
"shouId the Mexican Government persist ii retaining
this article then all prospect Of immediate peace en-
ded and Of This you may give them absolute
ance"
On TINS point he language Of the protocol is free from
ambiguity; but if il otherwise, is there any ndi-
vldual, American or Mexican. who would place such a
sTuction upon TO convert ii into vain attempt
torevye this article which has been 81 often and 50 h.
EMMY condemned? Surely person could, for mo-
men suppose that either the Commissioners Of the L
nted States the Mexican Munster for Foreign Affairs
ever entertained the purpose of thus setting at naught The
DELHI rate decision of the President and Senate which
had been communicate! 70 the Mexican Government,
with the that their abandonment OF this ubaUX
/ Du IN o
But the meaning of the protocol IS plain. 1t simply
that the nuIh alton of his article was not intended 10
dooty va' .fimate titles Il land, which existed and
IN tull force independently ot the prnvsi,ns ana
without The aid Of this article. Notwithstanding ii as
been eXpunged from the treaty, these grants TO
pres The legal value which they may possess. 60
Ahp refusal ~ revive grants which Ind become extinct
was not invadae those which We're il full force and
vigor that sIch the clear understanding Of the
Senate IF lie United SaJe and his in perfect accordance
With the PROTOCOL is manifest from the fact. that whilst
they struck from the treaty this unjust arrlr they,
the same Tine sanctioned and ratified the last paragraph
Of tile eighth article of the treaty. which declares that In
tie said territories property Of every kind now belonging
Mexcans not established there, shall be involably
speced The present owners the heirs of these and all
Mexlcans who may hereafter acquire said property by
contract shall ENJOY with respect it guarantees equal
ample as if the same belonged citizens Of the United
Sales" w ithuul stipulation in the treaty to !hS
effect, all such valid titles under the Mexican Govern
and laws Of the United STATES.
The third and last explanation contained 10 the proo-
col is that 1.-The Government Of the United States. by
SURPRISING he concluding paragraph Of article twelfth
Of the treaty did no. intend u deprive the Mexican
public Of tile free and unrestraned faculty o cedlng con-
veyng. transferring any time (as it may Judge bes
tie sun of Tie twelve millions If doais which Tie same
Government NJ tie United States, i u deliver in the
plac : designated BY the amended article"
The concluding paragraph u The original twelfth Az
tce thus suppressed by the Senate Is in the following
language Certificates proper form fur The said in
staimcnts respectively, srch shall be desired
By the Mexican Government, and transferable by IT, shall
be delivered to the said Government BY that O the Uni
ted States.7
From the bare statement of facts the meaning Of the
protocol is obvious. Although the Senate had declined ID
create Government stock for The twelve millions If dol
lars and issue transferable certificates for
such sums as the Mexican Government light desire
vet they could have intended thereby to deprive lha
Government Of The faculty. which every creditor possess
eS OF transferring for his benefit the obligation Of h
debtor whatever this may be WORTH according to his vii
and pleasure.
1t cannot BE doubted that the twelfth article fthe trea
ty as stands, contains positive obligation. ''ir
consideration Of the extension acquired by the bounda
res Of the United States" t, pay the Mexican repub
lie twelve millions Of dollars, in tuuT e4ull annual install
mens Of three millions each MS u6Il CATION may bt
assigned BY tile Mexican Government any person what
ever bnl tile assignee ID such case would stand in
better condition than that Government. The amendmen
ufthe Senate prohibiting the Issue Of Government
erabe stock for le amount produces this effect and
more
The protocol contains nothing from which can b
inferred that the assignee could rghtluly demand tn
payment Of the money, in the consideration SHOULD
fail. which is stated on the face Of the obligation.
With this view of the whole protocol and consdern!
that the eXpldnaonS which it contained nacco-
dance with ihe treaty. did moi deem it necessary to tax
taI ~ e. 81