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

United States for the purpose paid the three millions Of
dollars which the twelfth article Of the treaty provided
Government Of the Mexican republic"
The receipt Of that money towards payment for the
territory ceded by the treaty Of itself
ate Of the United States fully ratified by her AS
tce given to her by the letter of the Secretary of
State well by the provisions Of the constitution
the United States and the powers Of commissioners
that any new stpulaton varying from the treaty as
amended by the Senate, could form part Of that in
until approved by that body it follows that by
receiving these three millions Of dollars she acknowledged
that she had made valid treaty with the United States
whether the Protocol should form part Of it not
How could Mexico with honor receive the indemnity st-
puaed by the treaty If she intended at the time to take
advantage OF any contingency such as the rejection Of the
Protocol by the Senate and to maintain that there was
treaty whatever binding her? Would she not be
chargeabe with the grossest imputations she
perseycre in maintaining that though she has received
millions for the territory ceded she viii inyalidate the
title she has given US, and reclaim the country have
purchased Of her. Justice 70 Mexico forbids the suppo
siton that she could adopt such policy All the right
which she could have possibly acquired by the Protocol
f indeed, it intended by III to lay the foundation
for alteration in the treaty right make such
proposition, with the consent of the commissioners
the Government Of the United States In that view of the
subject she took the hazard Of rejecting it, being full
ly aware Of perfect right do without injury
her This Government has refused ratify it, and Of
this she has right complain. 1t has time
garded the Protocol as obligatory The ratification of the
treaty by the Mexican Government brought to this
country, and that Instrument proclaimed precisely in
the form in which it amended by the Senate Of the
United States The Protocol appears to have been
ceyed record Of conversations and by
establishing condition precedent to the ratification of
the treaty by the Mexican Government In the of
the late session Of Congress the President communicated
to each House copy Of that instrument, but neither
thought proper acknowledge it obligatory upon the
United States After il had been communicated the
House OF Representatives. that body passed bill appro-
prang the money due under the treaty, the 30rh of
May 1919 and 1885, and the bill afterwards passed
the Senate, and has become law. 1t be presumed
that either House of the Congress of the United States
had supposed that the treaty. amended by the Senate
had been yated in any way affected by the Protocol
they would not have made the appropriation adverted to-
for no obligation therefor would have rested upon them
At the recent executive session Of the Senate OF the Unit
ed States resolution offered declaring the Protocol
to be part of the treaty This resolution laid upon
the table, and thus eecuay rejected without division
Under all these circumstances therefore the undersigned,
actuated by that spirit Of frankness which ought
characterize the diplomacy Of the United States and re-
solved 10 give room for any possible mputation upon
the honor Of this Government which could arise out Of
silence acQuiescence nhe claim up by Mexico that
this Protocol, signed at Queretaro the Goth of May
last by the commissioners Of the United States and the
Minister Of Foreign Affairs Of the Mexican republic is
paper Of any validity effect las the honor explicitly to
declare to Mr.. de Ia Rosa, that nasmuch that nstru
ment does not on its face purport TO be diplomatic
venton it not concluded according to the forms
usually observed in negotiating by having power to
make such conventions has not been approved by
the Senate Of the United States and the Congress Of Mex
CO. ratified by the President Of either republic agreea
bly, to the requirements Of their respective constitutions
It IS not and will never be held TO be, binding il honor
in law upon the Congress the Executive Of the United
States
It the province Of the undersigned to anticipate
the view which may be taken Of that instrument by the
judiciary in such cases. under the treaty Of Guadalupe
Hdago may be carried before them for consideration
and decision.
In the exercise of the high rrerogave Of constituting
treaties well other laws, conferred upon them by
the constitution their opinions in regard to the treaty as
ratified and exchanged by the two Governments may
may not harmonze with those expressed in the Protocol
but it be believed that they will deem il their du
to consrue the treaty by that instrument And if their
judgments should fail to award Mexcans the rights
which their Government may suppose TO have been
cured to them by the Protocol the Government of the
United States holds itself absolved from any obligation
make amends therefor.
Mr.. de la Rosa however will not understand that the
undertakes either to affirm deny the
soundnes Of the opinions expressed in the Protocol This
is the less incumbent him from the fact that Mr. de 10
Rosa himself has not yet pointed out the difference be-
tween those opinions and the meaning conveyed by the
amendments of the Senate. The undersigned conceives
that behooyes all republican Governments
in aY their transactions, and especially in their dealings
with another, respect sacred those limits which
the people who created them may have prescribed the
several departments into which they divided These
its defined for the wses purposes and essential
the well being Of the systems in which they embraced
and OF the nations by whom those systems have been
daned In their strict observance the Mexican republic
and the United States have equal and common in:
teres Any deviatons from them must be towards sys
tens Of an opposite character, giving just for tr
umph and exuitation TO those by whom the latter
upheld.
The undersigned avas himself Of this occasion to offer
to Mr. de la Rosa renewed Of his very dis
tinguished consideration. JOHN NJ CLAYTON. |
To Senior Dog LUIS LA Rosa, &c.