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

TIE PROTOCOL TO THE MEXICAN TREATY.
Nr. dc Ia Rosa TO Gr. buchanan.
TRANSLATION
MEXICAN LEGATION,
WAsnlsoToN, FrpRuARY "a, is4I

uLGeTsIEntu, LnVOy EAIaOTUnhTy NIlnlstel
Plenpotenary Of the Mexican Republic has the homer
to address the honorable Secretary State of the United
States in order to declare him that il would be npos
sble for the undersigned without serious injury TO the
rights and interests Of Mckee 10 remain silent with
gard certain expressions which have been employed in
the message Of his Exceency the President addressed to
the House Of Representatives on the 9Th Of the present
month, AMI in newspaper OF this capital which IS re-
puted the Official organ Of the Government of the Unit
ed States, respecting the character and validity OF the
Protocol Of the conferences which were held between the
Minister Of Foreign Relations Of the Mexican Republic
and the Commissioners Penpotennary Of the United
States previous the ratification Of the treaty Of
between Mexico and the United States.
If the undersigned should allow such expressions to
pass BY as unnoticed the day might come when such ST.
lence might be alleged proof against the right which
Mexico has to maintain that certain articles Of the treaty
OF Guadalupe never have any OTHER sense other
understanding than that which naturally flows without
any need OF Interpretation from the explanations contain
cd in the Protocols and that this Protocol is real dp,o
matte convention concluded between the Government
Mexico and that Of the United States and equally bind
ing on both.
Nothing Of this has been hitherto denied by the Gov
ernment Of the United States; but the undersigned
pea's that as well in the message Of his Exceency the
President in the newspaper above referred there
expressions which appear to be intended 10 place in
doubt the character and validity Of the Protocol and the
undersigned must declare TO the Government Of the Unit
ed States that such expressions not in accord with the
value, character and Importance which that document
possesses in the opinion Of the Government OF Mexico
The newspaper, which is reputed to be the official
gan the Government Of the United States has gone
far TO say that the Protocol is Insignificant paper
and that il has value importance whatsoever As
it may possibly be believed that doing the newsra
per question expressed the opinion Of the Government
Of the United States the undersigned declare to the
Secretary Of State that Mexico viii not agree in any way
to the Of convention Of character high and
important the Protocol in the light Of an Insignificant
document, without any value or importance.
The Secretary Of State viii allow the undersigned TO
remind him Of what Vattel in his work the law Of
lions says with regard the Interpretation Of treaties
is be presumed that sensible persons should have
intended to do nothing whilst treating with each other
engaged in any other serious proceeding The inerpre
tation which would render null and without effect
therefore, cannot be admitted It is species Of absurdi
ty that the very terms Of document should reduce to
1.-THE condition OF saying nothing It be interpreted
in such that il may have its effect and not be-
come vain and iusoy before the ratification Of the
treaty Of Guadalupe, the Commissioners Penpotentiary
OF the United States met the Minister Of Foreign Relations
OF Mexico and they conferred at length upon points Of
very great interest to both countries and upon which
they not in accord" Upon these points they sue
ceeGed in coming to an agreement and they fixed the
terms Of their agreement in document which they rem
dered authentic by marking with their respective seals
and signatures and would be absurd say that all this
was Of no value thai i sgniied nothing, and that it
amounted TO no more than sheet CT paper Of in
portance.
The undersigned has found It the more necessary to
ter upon the examination Of this point there in the
message Of his Exceency tie President passage which
II badly understood might alegea;n support Of the on
organ cf the Government Of the United States This ex-
preston is the in which his Ezceeney says that he
did not communicate tie Protocol Congress, because
be did not consider it in any way material
IN the message LIS Exceleucy the President says
that the Protocol is memorandum Of the conversations
contained IN paper called protocol The undersigned
must say 70 the honorable Secretary Of State, that the
Mexican Government believes that the plenipotentiares
Of the United States, well the Minister Of Foreign
Relations Of Mexico, have most properly given the name
Of Preoccto the document to which the message REFERS
and that il in way be presumed that the commits:
sioners Of the United States in using the word protocol
ignorant Of the true and meaning Of the word
Tie undersigned must also say that his Government viii
meyer agree that the aTlomac convention contained in
the Protocol should be called memorandum Of converse
items. Tie Secretary Of State viii have observed that
once and only once in the English version has the word
conversations been employed and then, the min
listers pienipotenaTy OF the United States agreed that
that word should be rendered in Spanish by coneren-
oias, (conerences The undersigned regrets most deep
y 10 be obliged to occupy the attention Of the honorable
Secretary OF State by observations relative the meaning
Of words: but the undersigned can omit nothing which
may tend in this affair render more clear and to
tain, the rights Of Mexico
The commissioners Of the United States in speaking Of
the conferences held OF QgereGro before the signing Of
tie Protocol observe that Mss-s Cueva and Couo were
present them, besides he Minister OF Foreign Rea
tons As his Exceeney the President refers in his
sage this communication, and might he inferred
from this circumstance that the conferences did have
an official character, inasuch two persons were pre-
them who did not belong the cabinet the
oIsgned must also MAKE On explanation upon that point
essrs Cuevas and Couto the commissioners who had
made the treaty Of peace with Mr. Trs invited by
the Minister OF Foreign Relations the conferences in
order that they might afford assistance by their informa
ton and their complete knowledge Of all the circumstances
under which the treaty concluded But their sigma
lures do appear in the Protocol because this
real diplomatic convention concluded in consequence Of
the preceding conferences between the Minister Of Foreign
Relations as the representative Of the Government Of
Mexico and the penpotentaTies Of the United States
the representatives Of their Government Consequently
neither the presence q Messrs Cuevas and Couto
the conferences in any way take from their character Of
Official and diplomatic discassions can the want Of
the signatures Of those gentlemen the Protocol in the
least degree diminish the importance and validity Of that
document.
In the newspaper which Is reputed to be the official
organ Of the Government OF the United States it has
been said that the Protocol Of the conferences of Qaere
'aro had been signed when tie Mexican Congress had al
ready ratified the treaty Ct peace and it indeed appears
10 the undersigned that the thing has been asserted
IN debate by Of the honorable members Of the Sem
ate In order to avoid all mistake with regard to this the
undersigned must say 70 the honorable Secretary Of State
that according to the Federal constitution Of the Mex
republic, the Congress oIly has the faculty Of ap
proving the treaties which The President NAV make with
foreign Powers but that becngs exclusively 70 the Pre-
sdent himself direct diplomatic negotiations under
his responsibility and rafy treaties after the
have been approved By Congress. When the Protocol
was signed at the city Of Queretaro, tic Congress- by ap-
proving the treaty or peace modified by the Senate Or
the United States, had left the President at liberty 10
ratfy il in the sane terms in which Congress had ap-
proved H. or under conditions which he might consider
fayorableto Mexico II therefore the fact that
al TIE time when the Protocol signed, not only was
the treaty not ratified but the Mexican Government
liberty to refuse ratfy it, II it should judge thai
proper
-. 80. Ol.4nS 4.