Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1849-02-19

ton, to the enjoyment of all the rights of citi-
zens of the United States" 1t provided, also
that, in the mean time, they should be main
tanned in the enjoyment of their liberty their
property, and the civil rights now vested lin
them according to the Mexican laws. 1t Sc
secured to them similar political rights with the
inhabitants of the other territories of the Uuited
States; and at least equal to the inhabitants of
Louisiana and Florida when they were in a ter
ritorial condition. 1t then proceeded to grarall-
| ty that ecclesiastics and religious corporations
should be protected in the dis barge of the ofli-
ces OF their ministry and the enjoyment of their
property Of every Kind, whether individual or
! corporate, and, hnalv, that there should be a
| free communication between the catholics of the
ceded territories and their ecc siastcal auhori-
ties, ''eyen although such authoritits should res
side within the limits OF the Mexican Republic,
as defined by this treaty."
The ninth article of the treaty, as adopted BY
the Senate, is much more comprehensive in its
terms, and explicit in its meaning, and it clearly
embraces, in comparatively few words. all the
guarantees inserted III the original article 1t is
DIS follows: "Mexicals W no. in the territories
Aforesaid, shall not the character Of cit
liens Of the Mexican republic, confolnably
with what ID stipulated nfhe preceding article
shall be incorporated into the Union Of the Uni
ted States, and be admitted at the proper time
| ito be judged Of by the Congress of the United
States to the enjoyment Of all the rights of citi-
zens Of the United States, according to the prin-
cipl6s Of the constitution and in the mean ne
shal be maintained and piote ctcd in She free en-
joyment OF their liberty ard property, ard Sc
cured in the free exercise OF their religion with
out restriction" This artiele which was sub
stantially copied from tie louisiana treaty, pro-
vides equally With the original article for the
admission Of those Inhabitants into the Union !;
and IN the meantime, v hist they shall remai1t
III a territorial state by one sweeping provision,
declares that they Nshall be maintained and pro-
tected in the free enjoyment Of their liberty and
property, and secured III the tree exercise of
their religion without restriction.o
The guaranty embraces every kind of proper
ty, whether held by ecclesiastics or aymen,
whether belonging TO corporations or indivic1u-
ais. 1t secures to these Inhabitants he free ex-
ereise OF their religion without restriction,
whether they choose TO place themselves under
the spiritual authority OF pastors resident within
the Mexican republic of the ceded territories.--
1t was it is presumed, to place this construction
beyond all question that the Senate superadded
the words sswithout restriction" to the religious
guaranty contained i'll the core spending articles
OF the Louisiana treaty. Congress itself does
not possess the power under the constitution to
| make any law prohibiting the free exercise, Of
religion.
In the ninth article THE treaty, whether in
its original Or amended form, had been entire-
y omitted in the treaty, ali the rights aud privi
legcs which either of them confers would have
been secured to the inhabitants Of the coded ter
Iiteries by the Constitution and laws OF the q.
States.
The Protocol asserts that Ethe American Co.
vernment, by supp1essiig the tenth article OF
the treaty OF Guadalupe, did not in any way in
tend annu1 the of ln11GS br-h
leo to the ceded territories; p that sthtse grants
Notwithstanding .tile,euppression of the article Of
the treaty, preserve the legal value which they
may possess; and the grantees may cause their
legitimate titles to be acknowledged before the
American tribunals )" and then proceeds to
state legitimate titles to every description Of
property, personal and real, existing in the ced-
ed territories, are those " hieh were legitimate
titles under the Mexican law in California and
New Mexico up to the thirteenth Of May, 1916,
and III Texasu to the second of March, 1886"
war against Mexico, and the latter thai OF the
declaration OF Independence BY Texas.
The objection to the 10th article of the orioi-
nal treaty was not that it protected legitimate
titles, which our laws would have equally pro-
tected without it, but that it most uniusty at
tempted to resuscitate grants which had become
a mere nulity, by allowing the grantees the same
PERIOD after the date of their grants for the pur-
pose of performing the conditions on which they
had been made. In submitting the treaty to the
Senate, had recommended the rejection of this
article. That portion in regard to lands in Tex
as did not receive single vote in the Senate
This information was communicated by the let
ter OF the Secretary OF State to the Minister for
Foreign Affairs in Mexico, and was in possession
OF the Mexican Government during the whole
period the treaty was before the Mexican Con-
gress, and the article itself was reprobated in
that letter in the strongest terms. Besides, our
Commissioners to Mexico. mad been instructed
that "nether the President nor the Senate of the
United States canever consent to ratify any treaty
containing the tenth article of the treaty of Qua
dalupe Hidalgo in favor of grantees Of land in
Texas OF elsewhere" And again-"Should the
Mexican Government persist in retaining this
article, then all prospect of immediate peace is
ended-and OF this you may give them an abb
solute assurance
On this point the, language of the protocol is
free from ambiguity-but fit were otherwise is
there any individual, American or Mexican, who
would place such construction upon it as to
convert 1t INTO vain attempt to revive this ar
tlcle, which had been so often and so solemnly
condemned! Surely no person could for one
moment, suppose that either the Commissioners
OF the United States or the Mexican minister tor
thus setting at naught the deliberate decision OF
the President aud Senate, which had been corn
| lnunicated to the Mexican Governments with
the assurance that the abandonment OF this OBJ
noAious article was essential to to the restoration
of peace.
But the meaning of the protocol is plain. It
is simply that the notification of this article was
not intended to destroy VALID legitimate titles tc
land, which existed and Were in fall force, indie
pendently of the provisions and without. the aid
of this article. Notwithstanding it has been ex.
Plunged from m the treaty. these grants we're t.
sess." The refusal to revive grants which hae
become extinct, We're not to invalidate those
which were in full force and vieor That sucl
was the clear understanding Of the Senate of the
U. States, and this in perfect accordance with
the protocol, ismanitest from the fact, that willis
they struck from the treaty this unjust article
they at the same time sanctioned and ratified
the last paragraph of the eighth oft he trea
ty, which declares that, lin the said territories
property of every kind now belonging to Mexi