The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-17

pcy and wholly 10 two facts. viz 10 the administration
OF oath by Justice bye the defendant, and that on
such oath he falsely swoe that all and singular the facts
the memorial were truel The aveIment IL sab
stanally that the statement made oath. and all aud
singular The facts sworn 10, were material II appears
10 me 10 admit OF no other construction, and that the
aveIment is sufficient II by means certain that the
word oath does not itself embrace the statement OF facts
that is sworn To- Oath is "a solemn affirmation decara
ton made with appeal TO God for The ruth OF what is
affirmed" 1t is somewhat Temarkab that Lord Mans
held in the King Ayeti, said (ant the words ital
icsed IN the report OF the case SHE cath must be taken "a
judilial proceeding before competent juysdittsa and
r. 67) and thai the same language should be employed
in . Russ Crs (ls45) $50 1T Is necessary y
should appear on the lace Of the Indictment ,ns,
The oath taken was material 10 the question depending
And IN Whafton's Or l. 4s2 =" II Is sahcen 10 cnase
generally that the false oath was material on Tue a o.
hsissue upon which was aken--il - MOI neoess1y 70
show particularly how il material -lor which ne
cites Stale Mumiord. Dr. (No Ca olo. these
authorities would seem to sustain and Justify me use o.
however in I'd Oh. Cr L. (lSID 307 a tais opinion
expressed by the very able and learned author: The
averment OF materially usually precedes The statement OF
the occasion of administering the oath, and the following
concise statement would should seeD IN all cases sui
flee !" and the jurors aforesaid, on their oath afore-
said do further present. that upon the said trial Cor upon
the hearing OF the said rule, NC. according to the ac
il became and material ascertain the truth OF the
matter hereinafter alleged TO have been sworn TO and
stated by the said G. D. upon his OATH" Her. is no par.
tcular fact stated which sworn to- but generally
that the truth of the matter to and stated on oath
was MATERIAL in which there is less precision than in the
ayeTment under consideration G1e
The 4th and last exception is That the claim IN sup
port OF which false swearing IS charged TO have taken
place was not claim against The United States, but
against Mexico The treaty of I'd Feb lSis, with Mexico
it's 18th. l4lh and 18th articles, provides for claims OF
citizens of the United States which had arisen before the
date OF the treaty, and at that lime were or were SUI
posed to be- valid, and subsisng against said republic
By the first OF these articles the United States engage
:" to and pay 10 the claimants all the amounts
due Them and henceloih to become due, BY reason
r.l. a., and
Mexican republic" under the conventions OF llih
! April, 1882 and 30th January, is43 so that The
Mexican republic shall be absolutely exempt for the
future from all expense whatever account oil the said
claims" BY the l4th article /" The United States do fur
thermore discharge the Mexican republic from all claims
OF citizens OF the United States not heretofore decided
against the Mexican government which may have arisen
previously 10 the date oil the signature OF this treaty
which discharge shall be fnal and perpetual, whether
the said claims be rejected allowed by the board OF
commissioners provided for in the following article,
and whatever shall be the total amount OF those al
lowed" By the 18Th article +" the United States exon
Grating Mexico from all demands on account OF the
claims of their citizens mentioned in The preceding
article; and considering them entirely and forever can
celed. whatever their amount may be, undertake TO make
satisfaction for the to amount not exceeding
three and qaarer millions OF dollars. 10 ascertain
the validity and amount Of those claims board OF com
mssioneIs shall be established by the government OF The
United States, whose award shall be final and concu
sive provided. that in deciding upon the validity OF
such claims. the board shall be guided and governed by
the principles and rules 81 decision provided Tor BY The
LIST and 9th articles OF the unTauted convection, con-
cuded al the city OF Mexico on the goth day OF Novem.
ber si3 and in no shall award be made in ia.
of any claim not embraced by these principles and
rules" What is a claim II is right, or supposed
right TO demand or receive something IN anohers pos
session. Did not the obligation which the United States
assumed by the reced treaty provisions give each per-
son who had heretofore claim against Mexico full
and perfect right TO demand its adjustment from our gov
eminent within the limits OF three and quarter millions
for all claims! seems 10 me il Is impossible 10 contro-
vert it, The United States expressly TO pay the
claims previously liquidaied, aud exempt Mexico from
all liability for them. They discharge Mexico finally
and perpeluay from all unliqudaed claims, cancel them
forever, and substitute their undertaking "to make
satisfaction Tor the same 10 an amount not exceeding
three and quarter millions" No, only So but they pro-
vide the means of making this satisfaction by the 9th
section OF he act Of Sd March, lsi9 in whch> after The
preliminary steps prescribed, the Secretary of The
Treasury directed TO cause certificates of stock OF the
United States 10 be issued 10 the said parties respectively
their legal representatives. for the amount TO which
they may be entitled, which stock shall bear an interest
OF six per csst per annum until pad, and Iedeemable
at any time at the pleasure of the United States " and
two years after, the 81 March, 1884, TO raise the means
to pay in cash, they enact that or the payment OF The
money 10 those entitled under the 18Th article OF the
treaty between the United States and Mexico, concluded
February 81, 1913, according to the provisions Of the
9th section OF act entitled AN act 10 carry into effect
certain stipuatons OF the treaty between the United
States OF America and the republic OF Mexc, of the q
day of February, ls4s the Secretary of the Treasury
hereby authorized TO sell the stock TO be issued under
the said 9th section, &c. The bare recital OF the
deraking, and its repeated acknowledgment, put the
matter beyond controversy. The claimant himself
so understood, and declares II in his memorial which
is part OF the Indictment where he states the par
ties 10 be "your memoriasl on the one side, and
the other the United States, which takes the place
of the government OF Mexico, the wrong doer" What
is TO become OF the surplus OF the three and quarter mil
lions OF dollars which In the treasury will be there
after the awards of the commission paid II belongs
to the United States and they alone interested in the
fund But II is said the claim is Mexican because the
rules by which the awards TO be made pre-
scbed in the 18th article oil the treaty and 10 have in
sisted on that prescription would have been unwarrana-
Bile IN Mexico, if the fund and its distribution X.
clusively Nothing is impairment which is matter
OF agreement, and Mexico might have bad pride OF
consistency in relation TO claims which bad been The sub
Jecs OF conventional arrangement in 1899 and lS43 and
again in lS4S; and il is but fair TO suppose she had a
sense OF justice But no, quite ba, the United
States may not have had principal share IN prescribing
would be admitted 10 participate in fund which was
their own, and which, so far az Il was not absorbed BY
proper claims OF their citizens under the treaty, would
main in their treasury What those prescriptions
Simply heseby article Of the aDra,i6ed convention OF
Goth November 1913, that the claims should be exam
med and decided" according TO the proofs which shall
be presented, The principles OF right and justice, the law
OF nations, and the treaties between the two republics "
and by article Sail claims, &C.. considered by the
mssioners and referred TO the umpire appointed under
the convention Of nth April 1889, and which were not de-
cded by him. shall be referred TO and decided by the
pe TO be appointed provided by this convention,
the points submitted 10 the umpire under the late conven
ton, and his decision shall be final and conclusive 1t
deem il expeden they may submit TO the said arbitrator
new arguments upon the said claims.
These rules were popef The hs, no one could object
to- the last Intended 10 prevent the Introduction oil