Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-09-03
THURSDAY, SEPTEMBER !, 1888.
TREATY PROTOCOLS.

It has been an interesting subject Of inquiry, by
some OF our citizens interested in Texas land claims,
how far the Protocol annexed by our Commissioners,
Messrs. SEWER and CLIFFORD, in connection with
Senior Rosa, to the Treaty of Guadalupe Hidalgo,
is binding on the American Government as a real
diplomatic convention, or as an Interpretation of
that treaty That Protocol was annexed by the
Ministers on both sides without the knowledge or
consent of the Senate, and is understood to be, if
valid, either as part of the treaty or as an inter-
probation OF it, an instrument which essentially
changes the treaty, in some important particulars
to the injury OF American interests. During the
administration Of President Polk this protocol was
the subject OF warm controversy between Mr.
BUCHANAN and Mr.. Rosa. A few DAYS before the
end of Mr.. Folks administration Mr. Rosa adj
dressed very able letter in reply to Mr. BUcHA-
NAN, indicating the protocol as diplomatic con-
yention and part of the treaty. Mr. Buchanan
although he denied this position, went out of Office
without answering it. Mr.. Rosa, having thus
obtained an apparent advantage in the argument,
communicated copy Of his letter to the Foreign
Ministers at Washington, to be transmitted by them
respectively to their Governments. Mr. CLAYTON
who succeeded Mr.. BUCHANAN, was informed OIL
good authority Of tais proceeding, and imme
diately resolved to Place our Government right
by full reply to sentr Rosa The note of the
Mexican Minister, unanswered, was eminently cal
cuated to disparage the character Of the American
Government in the view of every foreign Court tc
which he had caused it p be transmitted The re-
ply of Mr.. CLAYTON, written as soon as he learned
these facts, was considered triumphant vindica-
ton Of the American sideof the question at any
rate it silenced the able and estimable Minister Of
Mexico; nor has the Mexican Government ever
since uttered word of disapprobatipn of it. or the
principles of public and international law contained
in it, A copy Of Mr.. CLAYTON note was also placed
in the hands of those Foreign Minister'S to whom Mr.
RosAs had been communicated, AID we understand
that, by all who read the reply, TIE Mexican pro-
tocol was considered dead letter, 1t is singular
however that, so far as we can discover, this cor
respondcnce was not placed bebre the public by
the journals of the day. 1t was communicated to
Congress at the opening of the session of 1849, but
it was several weeks before the two Houses orga-
nized, and the yoluminous documents accompanying
the Message were 50 tardly printed that the public
had forgotten them before they issued from the
Congressional press. Our attention having been
lately called to the subject we have thought VIC
might occupy few columns acceptably to our read
ers by placing before them the able letters of the
Mexican Minister and the American Secretary, Sc
that all persons feeling an interest in the matter
may understand the position of the American Go
yernment in regard to this and all similar questions