The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-12

70 DAY. under al shecircumstances which appeared
81 nm. mr.. nAx If you we're examining land
sels. weoid you be setas6ed with mere alb.
AZ. Z: Certainty would not, if could obtain
So Qss.; And for this reason you accented tb;a he.
rs m isnorance Of what the laws Of Mexico were
ans. From the face Of the papers we were s.,.
NED ne had complied with the requirements Of the
Qae:. Then you were satisfied from the depoai.
tons that he was working mines7
Ans. Certainly; and we should have awarded
him damages for the amount of loss he suffered
whether he actually owned the mines or not? We
did not give him the value of his title. We bad
We considered that he had title in Mexico, and
we were Satisfied of his rights there.
Cues. Do you recollect whether the mining
| ordinances were before you?
Ans. We had Mexican book relating to mines
in Mexico?
Cues. Did you ascertain the mode of obtaining
titles to mines?
Ans do not know that we made an examina.
ton to see whether the abstract came from the
right Office or not. We examined the law as laid
down IN (the reporter did not get the name Of the
book,) connection with this case and we discovered
nothing in it in opposition to the law as we dis
covered it laid down in that book.
The Court then adjourned, at fifteen minutes
past four o'clock.
The following is an abstract of the correspond
ence between Mr.. Webster, Secretary of State. nd
the Mexican Minister, Senior de la Rosa, referred
~ ~ our paper OF yesterday, containing the
port OF Fridays proceedings:
Mr.. MAY read to the jury correspondence be-
tween Luis de Ia Rosa, Envoy Extraordinary and
Minister Pienipotentiary of the Republic of Next
CO, and Daniel Webster, Secretary of State of the
Mr.. de la Rosa, in letter dated 18th February,
1851, informs MIR. Webster that Don Jose Maria
Jarero, Mexican general. had presented to the
6oard OF commissioners, under the treaty of Qua
dalupe Hidalgo, claim on Mexico, American in
Its origin, and previous to the date of the treaty
which had been assigned to him in payment of a
debt; and that the board rejected the claim on the
ground thatlt was not then held by an American
citizen. Mr.. Rosa argues against this construction
OF the treaty, and requests that his remarks may be
iald before the commissioners. with recommen
dation in their favor.
Mr.: Webster. on the Sd of March, 1851, answers
that the Board of Commissioners is judicial tri
ouna that, as such, it has conclusive authority to
Judge OF the validity of claims presented to it I'M
DER the treaty; and that no branch of the Govern
nent OF the United States has the power the
right 70 control or influence the decisions of the
board; but that copy of Mr.. Rosa's note, and of
the answer of Mr.. Webster shall, nevertheless be
| communicated to the board
mr.. Rosa, on the 10th of May, 1851, renews the
SUBJECT, and re enforces his former argument The
iaoors OF the commission having been brought to
close, and the awards having been published, Mr.,
Rosa contends that the balance which remains in
the treasury OF the three and quarter million of
dollars ought to be applied to the payment of Cen
erai Jareros claim and that the true construction
OF the treaty is, t'that Mexico reserved to herself
all the interest she would be entitled to in regard
to any surplus sum which might not be appropri-
ated IN the payment of the claims" He urges
that the government of the United States should
'cause the balance to be applied pro tasto to the
liquidation of General Jarero's claim"
mr.; Webster, on the 9Th of July, 1851, describes
Mr.: kosa's application as being an appeal from a
decision of the Board of Commissioners; reminds
Mr. Rosa "that the 18th article of the treaty stip-
uiates that the decisions of the Board of Connis.
sioners shall be final and conclusive;" and adds:
Nevertheless, to avoid any misapprehension
on the whole -oject, the undersigned has the ho-
nor to say to Mr.. de la Rosa that be is not pre-
pared at present to admit that Mexico is entitled
to the balance of the three and quarter millions
OF dollars. This question, however, will be fully
and candidly con sidered whenever a claim for
that balance shall be presented by the Mexican
government"