The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-05-29

Surely senators will not seriously nian that the civil
rights Of liberty and property cannot be enjoyed by the
latter but BY abrdging the liberty or abolishng the proc
erty OF the former And whatever may have been the
other cua rights intended to be secured by the ninth ar
Gle OF the treaty as originally stood and even admitting
that was designed 70 cover and continue IN force the
ton, still those other civil rights were taken out OF
the treaty protection Of the United States, through the
omissions and substutions of the amended ninth article
they ceased to have any operation at all. unless o op
ponens maintain that important provisions excluded
from treaty dssgnsay and expsss haze precisely
many words and il they do, they are no longer to be
reasoned with
ators to the clause OF the constitution OF lSa3 having
survived the cessioa Of California and New Mexico,
those doubts will entirely be removed from bare in
spection OF the negotiations and the instructions ot the
Mexican government to the Mexican commissioners
which preceded the treaty. and the amendments that
were adopted and rejected in executive session IN this
very chamber. when they were under advisement for
ratification II VIII be remembered that the honorable
senator from Kentucky. in the very able speech he de-
q early period o. s w Ss G n
pressiveness interesting extract from the confidential
despatch No i5l Of Ne Trist e the Department of
nuely setting forth what had occurred in conference be-
tween the Mexican commissioners and himself upon this
very question Of the Introduction Or exclusion Of slavery
into from the Territories 10 be ceded to the United
States. | agree with the honorable senator that this
passage has an important bearing upon some Of the is,
he presented and which now under debate; and
their attention 10 that passage once more In reference
to this point Of the conference, Mr., Trist says;
Our conversation this subject was perfectly frank,
and no less friendy and the effective upon their
minds nasmuch was enabled say with perfect sim
ica effect Of sasery as existed the Unted States wer
had doubt entirely erroneous vet there toas probably
,iaDy CONSIDERED itssf and those rcAee they eaieeain
ed concluded by assuring them that the bare nion OF
party wa. absolls mpossibtyi that President Of
the United States would dare any such treaty 70
The whole territory described ft increased tenod
in value and, in addition 70 that covered ioo, 'hck all
,hosd be eIeded theom could not entertain The offer
ngon The mater ended in her being fully sasasd sha.
this topic was one not % be touched and was dropped
with good feeling on both sides
though Mr. Trsfs conduct was subjected 70 strong crit
csms and much Of fell under censure yet no as far
know eyer blamed hun for MS action oa the Subject
in many branches of science in the useful arts and in
yentons and the mighty tactics Of war But in diplomacy
they rival any Of the States Of Chrisendom. and
have taken their position amongst nations in the front
rank do at all but that dplomatsts not 10
be found who WELD and display profounder and more
knowledge but in ready sagacty, unfaling acuteness
and far-reaching dextcrty, doubt Mexican diploma
fists are anywhere surpassed Had there been the slight
est color for the Interpretation which opponents give
to the words ciy rights in the 9th article, as It orgi-
naly STOOD the Mexican commissioners would have de.
thew would have thought Of would have been to risk
formal proposal on such subject when they well knew
that failure necessarily and absolutely put end
to that Interpretation OF the 9th article which, but Tor the
rejected proposal, it might plausbly have borne, M
That these proposals Of the Mexican commissioners to
Mr. Trs the subject Of the exclusion Of slavery
the ceded Territories regarded BY them a. no Light
trivial matter, but object Of the highest moment
and consequence, will be most obvious to senator's II
they will take the pains 10 consider the important docu
ment in Spanish which hold in my hand. and which
accompanied the treaty into the Senate II purporis 10
be the Instructions from the Mexican government 70 the
nd
sve duties in the approaching negotiation. With the leave
OF the Senate, will proceed to read from the title pre-
fixed to these instructions: e# W
Puntos gsx dsbsran en,as confsrencss el
misiopsdo de los Esados Unidos. debaw srrr de
bases =. Dc Merieo Propues.os al exno 81. prsssnse
jun,a de ministries.
Which may be rendered thus ra0
Points which treated Of In the conferences with
the United States and u'.s rrps az &c os
dent by he Minister of Foreign Relations and approved
by his excelency In council OF ministers dss assf
Now, the 18th article of those instructions makes
known in unmistakabe terms. the deliberate and
ous purpose OF Mexico TO the exclusion of slave
ry from the Territories: f@@
u. Los Esados Unidoss eomyrometuan NO eo~sesfir
Ia escapud Ia parfs del sTfforfo qss adqwiedu al
fraiado ft
Which means:
The Unifed States shall bind srsevs not {, pUmif thai
slavery Be otabtishsd IN the fsifmss esdsd BY the treaty
These instructions bear date Mexico, August "a. ls47.
and at the foot bear the imposing names OF LOPEZ DE
SANTA Anna, T. r. PAcHEco, NJ RoMERo. ALcoRTA,
and RoxpERo; and the whole document attests the
solemn earnestness OF Mexico upon the subject referred
TO. .tssssnft3
One briei reference TO memorable movement
which took place in the United States Senate while the
treaty was under advice for ratification. and will not
trouble the Senate moment longer upon the vexed ques
ton whether the clause in the Mexican constitution
aboshing slavery remains in force in the ceded territory
or was withdrawn with all its other PROVISIONS TO give
way 10 the jurisdiction and supremacy Of our own p
Having established. hater myself, that in the same
moment OF the ratification OF the treaty, when Mexico
parted with the ownership and jurisdiction, the United
Sates and without the lapse OF single instant acquired
bo,has the United Staes il is conceded held excnsive
jurisdiction during the whole period OF their hostile occu
pancy II would be marvellous indeed, II, BY adding TO
their rights ipuadsrs their rights as eonqueros and 10
these their rights as purchasers, they diminished the
rights they bad before. ~, ,,...,
proceeding took place. il stands recorded upon the
| Journal OF the Senate OF that date:
On motion OF Mr.. Baldwin, the following words
20 witi
provided shall be neither very involuntary
ssrvude the territories hereby ccded otherwise than IN
punishment Of crimes whereof The party shall have been
duly convicted" -A
ss N
Those who voted In the affirmative
Messrs. Ahenon, Bsdwn Clarke, Clayton, Corwin Ds-
Wis OF Massachusetts, Dayton, DIX, Greene, Hale. Miller
Niles, Phelps, Sprusnce, and Upham. 6sses &a
Those who voted In the negative were -
Benton, Berfien, Bradbury Bfeese, Bright, Bnrier, Cal
houn, Cameron, Csss Crticnden, Davis OF Mississippi,
Dickinson Douglass Downs, Felch, Foote Hannegan Hun
ter Johnson Of Maryland, Johnson Of Louisiana johnson