Lower Sandusky freeman. (Lower Sandusky [i.e. Fremont, Ohio]) 1849-1849, 1849-02-24

all the correspondence, and especially the instruc-
tons to our ministers, is communicated. Copies of
these papers are now transmitted, as being within
the resolutions of the House calling for all such
Correspondence as appertains to said treaty
When these papers were received at Washing
ton peace had been restored the first nstalment OF
three millions paid to Mexico, the blockades were
raised the city of Mexico evacuated and our troops
on their return home. The war was at an end,
and the treaty, as ratified by the U. States, was
binding ON both parties and already executed in a
great degree In this condition of things it was
not competent for the President alone, or for the
President and Senate or for the President, Senate
and House Of Representatives combined to abro-
gate the treaty. to annul the peace, and restore a
state of war, except by solemn declaration OF
war;
Had the protocol varied the treaty as amended
by the Senate of the United States, it would have
had no binding effect
It was obvious that the commissioners ct the u
States did not regard the protocol In any degree
part of the treaty, nor modifying or altering
the treaty as amended by the Senate. They COM
municated it as the substance of conversations held
after the Mexican Congress had ratified the treaty
and they knew that the approval of the Mexican
Congress was as essential to the validity OF treaty
in ali its parts as the advice and consent of the SEN
ate of the United States They knew, too that
they had no authority 70 alter or modify the treaty
in the form IN which it had been ratified by the
United States but that if failing to procure the rat
iication of the Mexican government otherwise than
with amendments, their duty by express instruc-
tons vas to ask of Mexico to send without delay
commissioner to Washington to exchange ratihca-
tions here if the amendments of the treaty propos
ed by Mexico, on being submitted, should be
adopted blythe Senate of the United States,
was equally well satisfied that the government
of Mexico had agreed to the treaty as amended by
the Senate of the United States, and did not re-
gard the protocol as modifying, enlarging or dmin-
ishng its terms or effect.
The President of that Republic, in submitting
the amended treaty to the Mexican Congress IN his
message on the sth of May, 1s4s, said: "If the
treaty could have been submitted to your delbera-
ton precisely as it came from the hands of the plen-
ipotentiaries, my satisfaction at seeing the war
at last brought to an end would not have been les
sened, as it this day is in consequence OF the mod
icatons introduced into it by the senate OF the u
States and which have received the sanction of the
President" At present it is sufficient tor to say
to you that if in the opinion of the government JUS
ce had not been evinced on the part of the senate
and government of the United States in introduce
ing such notifications, it is presumed, on the 9TH
er hand that they are not of such Importance that
they should set aside the treaty. believe on the
contrary, that it ought to be ratified upon the same
terms in which it has already received the sanction
of the American government My opinion is also
greatly strengthened by the fact that new nego-
tation is neither expected nor considered possible;
much less could another be brought forward upon
4 basis more favorable for the Republic"
The deliberations of the Mexican Congress, with
no explanation before that body from the United
States except the letter of the secretary of state,
resulted in the ratification of the treaty as
mended by the President of that Republic, in the
form in which it had been amended and ratified by
the United States. The conversations embodied in
the paper called protocol took place after the
ton of the Mexican Congress was complete; and
there is no reason to suppose that the government
of Mexico ever submitted the protocol to Congress,
or ever treated it or regarded it as in any sense
new negotiation, as operating any modification
or change of the amended treaty. If such had
been its effect, it was nullity until approved by
the Mexican Congress; and such approval was new
er made or intinated to the United States In the
final consummation of the ratification of the treaty
bv the President of Mexico, no reference is made
to iG
On the contrary, this ratification which was de-
lvered to the commissioners of the United States,
and is now in the state department contains full
and explicit recognition of the amendments of the
Senate just as they had been communicated to that
government by the secretary of state, and been af-
terward approved by the Mexican Congress. 1t
declares that, shaving seen and examined the said
treaty and the notifications made by the senate of
the United States of America, and having given an
account thereof to the general Congress, conform
ably to the requirement in the 14th paragraph of
the 10th article of the Federal Constitution of these
United States that body has thought proper to ap-
prove tbSaid treaty with the notifications thereto,
in all DE barts; and in consequence thereof ex-
erting the bower granted to me by the Consttu-
ton, accept ratify, and confirm the said treaty
with the notifications and promise, in the name of
the Mexican Republic, to fulfil and observe it, and
cause it to be fulfilled and obseryed."
Upon an examination of this protocol, when it
was received with the ratified treaty, did not re-
gard it material, or as in any way attempting to
modify or change the treaty, as it had been amend
ed by the senate of the United States.
The first explanation which it contains is, 'that
the American government, by suppressing the 9th
article of the treaty of Guadalupe, and substituting
the Sd article of the treaty of Louisiana, did not in
tend to diminish in any way, what was agreed up
on by the aforesaid article (ninth) in favor of the
inhabitants of the territories eeded by Mexico Its
understanding is that all of that agreement is con-
tanned in the third article of the treaty of Louisiana
In consequence, all the privileges and guarantees,
civil, political and religious which would have been
possessed by the inhabitants of the ceded terrific
ries if the ninth article of the treaty had been
tained will be enjoyed by them without any differ
ence under the article which has been substi
tuted"