Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-09-03

II
power Of their Government and could have impart-
ed like forgefuness the Mexican Minister Of Foreign
Affairs 1t is clear, therefore, that the Protocol must
be regarded merely instrument stating the opinions
the commissioners Of the United States upon the amend
ments Of the Senate and utterly void not approved by
that body
! But if for arguments sake, it be for moment con-
ceded as Mr. de la Rosa contends that il is tanamount
10 diplomatic convention why should the negotiators
have entirely dsregarded the forms invariably observ
ed upon such occasions The undersigned is not aware
OF instance in which treaty has been concluded by
this Government where the powers the negotator
not been exchanged The for this ceremony
solid and wellfounded treaty between two sovereign
States is act too solemn and momentous be hastily
unadysedly entered into Whatever therefore may be
the disposition Of party he is bound be that
he is met by the other and that their respective Govern
ments have conferred upon them like powers for
plishng the object of their negotiation. The
surapce OF one to the other whatever may be the conf
dence due to his integrity ought not TO be sufficient lie
liable TO err in regard to both the nature and extent Of
his power and if the other party instead of satisfying
himself of their real character by inspection is
with assurances to their import he Justly
plain Of the consequences of his neglect Why the
ceremony advcrted to dispensed with f indeed it
dispensed wth in the real diplomatic Of the
18th May, is not explained If the Mexican Minister of
Foreign Affairs had not for moment most unaccountaby
lost sight Of the solemn duty to inspect the powers Of the
ENJOYS with whom he says he was about TO make a
treaty. and which is often productive Of the best
Suits he would have required exhibition Of the powers
which the commissioners of the United States claimed
radcton that every granted by the President
the United States for the purpose of negotiating dplo
matte convention has, from the very origin Of this Gov
ernment contained clause requiring condition pre-
ceden to the validity of any such convention that II be
ratified by the President by and with the advice and
sent of the Senate 1t is inconestabc that treaty
had previously been concluded by the United
States with Mexico without exhibition, the part Of
the representative of this Government of power contain
this clause 1t may be asserted with equal confidence
that diplomatic agent of the United States had
before concluded what meant to be diplomatic
venon with the representative of foreign Government
which did not its face require that it should be laid
before the Senate Of the United States for their advice and
consent with view to its ratification Why this clause
is not embraced in the Protocol is not explained Its
omission, however cannot be accounted for upon any
other reasonable ground than belief the part of the
commissioners of the United States that the Protocol
intended to be statement in writing Of their opn
ions and diplomatic convention in any Of that
phrase.
have thus far treated the subject IL the powers
the commissioners of the United States had been
inspected by the negoators the part of Mexico But
this be possible Is il true that Messrs Sewer and
Clifford both presented themselves to the Mexican Gov
eminent commissioners with the rank of ENJOYS extra
ordinary and ministers penipotentiary from the United
States and received by that Government such,
without the exhibition of their credentials and written
authority under which they to act fit BE conced-
ed that their powers were presented then the Mexican
Government solenny forewarned that they not
of the character claimed for them by your Eycelency
Their powers were in the following Words
"JAMEs K. POLK, PRESIDENT OF THE UNITED STATES OF
AMERICA.
q TO all aghom il may concern greeting:
"Whereas have authorized and empowered and do here
by authorize and empower Ambrose H. Sewer and Nathan
Clifford appointed commissioners Of the United States TO the
Mexican rel ublc jointly severaly to exchange the ra
cation the part of this Government of the treaty between
the United States Of America and the Mexican republic
cluded and signed at Guadalupe Hdalgo, the ID day Of
February last by the Of the respective Coy
Senate of the United States for the like ratification the
part Of the Mexican Government of the said treaty. and have
caused the instructions be given to them accord
Now therefore, be it known that full faith and credit
due whatever the said commissioners either of them
shall lawfully do in the premises.
In faith whereof have hereunto my hand and caused
the seal of the United States to be affixed Done
H.. 81 the city Of Washington, this 1sh day Of March,
1915 JAMES h. POLK.
"By the President
GAMES BUCHANAN, Secretary Of State.
"JAMrs K. POLK PRESIDENT OF THE UNITED STATES OF
To al whom these presents shall concern, greeting:
'Know ye that being DESTROYS Of restoring between the
United States Of America and the Mexican republic peace
harmony and good correspondence, and of removing all
grounds Of dissatisfaction and reposng special trust and con-
fdence in the integrity prudence, and abilities Of Ambrose H.
Sewer and Nathan Clifford appointed commissioners Of the
United States that republic have invested them with full
and all Of power and authority for and in the
Of the United States jointly severaly and confer
with any person or persons having like authority the
Mexican Government and with him them TO negotiate and
conclude treaty changing the mode Of payment Of etwelye
the United States that Of the Mexican republic by the
twelfth article Of the treaty Guadalupe Hdago it has
been amended by the Senate of the United States in
which by them may be deemed expedent the said
treaty transmitted the President Of the United States
for his ratification by and with the advice and Of the
Senate thereof
In testimony whereof have caused the seal Of the Unit
ed States to be hereunto affixed. Given under my
hand, at the city Of Washington, the I'D day Of
H. March, in the year of our Lord thousand eight
hundred and forty eight, and of the Independence
Of the United States the seventy-seco
GAMES X. POLK.
"Dy the President;
"JAMEs BUCHANAN, Secretary Of State"
From this it will be clearly seen that the Mexican Gov
eminent have been apprized that the American
mssioners had authority to add to- subtract from,
the amendments proposed by the Senate fthe United
States to propose any new stipulation, except in re-
gard to the mode of payment Of the indemnity, subject,
in that particular Of course to the subsequent APP
prova of the Senate This very circumstance must have
conclusivey shown the Mexican Government that they
had authority whatever to originate propose
any other amendment to the treaty sanctioned by tho
Senate, in any form whatever Upon this subject the
constitution Of the Mexican republic is explicit as the
constitution Of the United States and equally imperative
That constitution declares that the President shall have
the power to direct diplomatic negotiations and conclude
treaties but that the previous appreciation Of the Con-
gress is necessary to the validity Of any treaty.
Although the Protocol does call for the appreciation
Of the Mexican Congress any than that of the Sen
Of the United States Mr. de la Rosa endeavors to es
cape from this difficulty by saying:
The undersigned remembers that in the morning Of the
day in which the Publications Of the treaty
exchanged the Minister Of Foreign Relations presented him
self each the houses Of the Mexican Congress- and read
in open session. the Protocol in Of which he de-
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