The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-25

if-fouhiH DAY-IuEsDAY, MAY II, 1883
I'm ooHTKuATIoE,l
MI FEkDALL continued as follows:
Tue uelehdant refused, have said 10 20 TO Mexico in
any eohheaon with The Senate committee. He rejected
an ibe propositions OF the government. OF any OF lis
pIaheh or Officers. but determined 10 go himself be
haa iiSht ou1 lie was on bail, and no one had the
hshl 70 complain But he made representation Of some
sol OF IN some way other, the assistant Secretary OF
he Treasury. and that oscer put =, his disposal rev
70 mexeo We now, If he had thus gone, what would
nave been the position OF the executive branch OF the
government of the United States in The case of a suit
against Inc bail, who had consented 10 his going
wheh the President OF the United States would not only
nave consented 10 his going, but would have sent him
away IN public vessel II was by the meIes accident
that we learnt the tact but did learn il,
lhe Pnsuent directed the order 10 be countermanded
| This was done
Surprising that you are now prepared to define the share
OF Jour own government in the alleged conspiracy oil
tons against individual, now nvilc your attention to
The Mexica1 branch OF that conspiracy You have been
told that Mexico had strong and powerful motive for
entering into it, because she claimed the surplus OF $Il
6s2 o. which remained after paying The awards OF
the three and quarter millions OF doll lars provided for by
the treaty OF Guadalupe Hdalgo and that. the
principle, she would claim the amount Of any award
which bad been made and which afterwards might be
discovered TO have been fraudulent Now, we have
read to You The correspondence between the Mexican
minister, Mr. Rosa and the then Secretary OF State
Daniel Webster, on that subject. You recollecl thai
Mr.. Rosa dissatisfied with The action of the board
OF commissioners In rejecting The claim OF Gen.
| eral Jarero, citizen OF Mexico, who had become
the assignee OF claim held by citizen OF the United
States Alexco and had prcsenedit before the board
OF commissioners The board rejected it on the ground
that they were authorized TO award money 10 American
citizens only and that General Jarero not Amer
lean czen. His view was, that the claim being Ameri-
Can origin, did lose its American character by
being assigned to hin. The board OF commissioners
thought differently. Mr.. Rosa, at the instance OF Gen.
Jlrero, on the 18th OF February 1851, addressed let
TO the Secretary OF Stale setting forth bis preiensons,
and requesting that his remarks mgAl be laid before The
comm!ssloners, with recommendation in their favor.
Mr. Webster, on the 81 OF March, 1851 answered that
The board OF commissioners was hnal tribunal, and
that he had no revisoty power over lis action.
Mr. Rosa, on the 10Th OF May, 1851, claimed that the
rue construction OF the treaty "lhat Mexico
served TO herself all The interest she would be entitled
in regard 10 any surplus sum which might not be ap
proprated in The payment OF the claims ;" lie urges
lat the government OF the United States should cause
the balance 10 be applied, pro ato, the liquidation OF
Gen. JaTero's claim"
Mr. Webster, on the sth Of July, 1851, describes Mr.
Rosas application being appeal from decison of
tue board OF commissioners remlads Mr. Rosa ''that
the 18th article OF the treaty spuales that the decision
of the board Of commissioners shall be final and concu
siye :; aud adds Nevertheless, to avoid any msappre
hension on the whole sufIec the undersigned has the
honor 10 say Mr. de Ia Rosa that he is prepared
present 10 admit that Mexico entitled TO the balance OF
he three and quarter millions OF dollars. This ques
ton, however, will be fully and candidy considered
whenever claim for that balance shall be presented by
the Mexican government
This shows that Mr.. Webstel's clear understanding
that Cain had been presented by Mexico for this
balance. Mr.. Rosa had tried 10 get General Jareros
claim settled IN the principle that The United States
bound pay to Mexico the surplus remaining after
the payment OF the awards But Mr. Rosa had never,
the minister OF Mexico presented claim ter tha, surplus
Mr. Webster understands and Tells him, and r
Rosa understood it, Mr.. Webster was "not prepared at
present. to admit that Mexico is entitled TO it." This is
only mild mode OF denying any tile in Mexico the
surplus MIR. Webster, with the courtesy belonging to
diplomatic intercourse, says that the question will be
fully canddly consdsred whenever claim for that
0alancc shall be presented by the Mexican government"
[Nr CARLISLE remarked that Mr. Brodhead, who
ms q The OF the Senate admit
| ed The title OF Mexico to The surplus
| Now, since the correspondence between Mr. Rosa
and Mr. Webster, has Mexico made any such claim
Never. Two yea have passed-aimos the period Of
limitation for this Indiclmentand Mexico has not made
any claim ior the surplus Aad what would be the re-
suit il she 10 make IT We see plainly the opn-
| lon Of Nj Webster Of the ablesl constitutional
lawyers ever bad in this country.
IL happens, among the manifold efforts OF the gen.
tlemen the other sae behalf of the defendant IN
this cause, was an attempt TO get rld OF The indictment
by demurrer and OF the grounds OF the demurrer
that this was clam not against The United States,
ut against Mexico, and that the surplus belonged 10
Mexico You will observe, gentlemen. that under the
law II must be claim against the Uuited States, or il
would not be matter Tor the jurisdiction OF this court,
and therefore the gentlemen argued with all their power
hat il was a claim against Mexico.
Mr. BRADLEY, Not particle OF this is in evidence.
| The DIsrRicr ATTORNEY The demurrer has, in the
progress Of The cause been repeatedly referred To- IT is
one OF The records IN the case, and have right 10
meet any argument OF the gentlemen by any illustration
which may deem suitable. Their assertion that Mexico
toe Jury the correspondence between the minister from
Mexico and the Secretary OF Stale.
Well gentlemen OF tue jury, on the Sth oil June last
ibis court delivered its opinion and decision overruIng
the demurrer. And TO this particular point "What,"
asks The court s TO become OF the surplus of the three
quarter millions OF dollars which is in the treasury,
or will there after the awards OF the commission
paid biongs 10 the United States, and they alone
were Interested IN the fund."
suppose, quite clear 10 you gentlemen, that
color given by the surplus question to the allegation OF
conspiracy. Mexico had claim in law, this court
has sad, and in point OF fact has made any claim
this money But because General Jayero had become
the assignee OF a claim which had once belonged to
American citizen and thought he ought to have that
paid by the board OF commissioners, who only
lhorzed pay claims then in the hands OF American
citizens, and tailed 10 get II and because M Rosa, hs
country man, desiring him to get this money made apa
cation for it TO the Department Of State and sought TO
induce the Secretary interfere with The board OF com
mssioners, and failed in the efort-because this, and
nothing more, has been done, tod that 1t is not
only sufficient reason for Mexcos becoming party 10
the conspiracy, but is offered fact To show that she
is consplraor. good deal OF the running argument
and examination OF evidence the other side has been
on that assumption, Nor is this all Though MeyIco
has made claim yet the mere possibility that she
may at some time make one, however unfounded, is
deemed sufficient TO faint the testimony OF every witness
offered The part OF the prosecution who has conceived
himself al any moment TO be directly or indirectly con-
cened in any claim against Mexico. You recoee with
what severity Togno. Wright, Atocha, and all the other
witnesses have been examined about what claims they
had in order show that they had bias, and might
not be able TO tell the truth II was stated that they mad
claims against Mexico which had mol been paid and that
n this should be recovered they might be paid
You will also recoec when we had questions as 10 the
dmissblily of evidence here that the gentlemen OBJ
ected to testimony being given OF what persons said IN
md that thntyUn IN