Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-09-03
'etary Of State Of the United States.
VI. Clayton to ar. de Ia Rosa.
DEPARTMENT OF STATE,

Nh Clayton to Mr. de Ia Rosa
i DEPARTMENT OF STATE
WASHINGTON, APRIL H. lS49.
/ The undersigned, Secretary of State Of the United
States has submitted the President and has received
his directions to reply to, tn which Mr. de Ia Rosa
Envoy Extraordinary and Minister penpotentary Of the
Mexican Republic addressed to Mr. Buchanan, Under
dates the 23d and oath Of February last upon the subject
of paper called Protocol signed at Queretaro, the
10Th May last by the commissioners of the United States
and the Minister Of Foreign Affairs of the Mexican Re-
public An extraordinary press of public business
this Department has prevented the from max
ing that reply at an earlier period.
Mr. de Ia Rosa is in if he supposes that this Gov
eminent is responsible for editorial remarks which may
be made in any newspaper published in the United States
Fortunately the freedom of the press in this county is
guaranteed by the constitution, and is subject
other restraints than the conscience Gifts colduc
tors and the laws upon the subject of libel may impose
tits true that in the publication Of certain official acts of
the Government preference is shown to particular jour
mails of extensive circulation But this by
rants the inference that they express the sentiments of
the Government upon any topic which they may think
| proper to discuss
In asserting that the Protocol is real diplomatic con-
yention equal in validity to the treaty of Guadalupe Hi
dago ITSELF the undersigned apprehends that Mr. de la
is in error in regard to- the rights of those depart
ments Of the two Governments between which the power
to conclude treaties obligatory upon the respective
tons is apportioned The Mexican Government has up
on no occasion appeared to be ignorant of the provisions
Of the constitution of the United States upon this subject
The very treaty under consideration 1T the close of its
concluding article, spulaes that it shall be ratified by
and with the advice and Of the Senate Of the Unit
ed States and with the previous appreciation of the Con-
gress OF Mexico Having been laid before the Senate of
the United States pursuant TO this provision that body
advised that it ght be ratified provided certain amend
mens adopted by them, should be accepted by the Pre-
sident lie ratified the treaty accordingly and appointed
commissioners to proceed to Mexico for tie purpose Of
exchanging his ratification for that of the President of
the Mexican republic
In the letter of Mr. Buchanan the Minister of Foreign
Relations Of Mexico of the 18th Of March, lS4S that
functonary is thus informed Your Excellency is doubt
less aware that, under the constitution Of the United
States the advice and of the Senate is
to the validity of all treaties, and that this must be given
by majority Of twothird of the Senators present.
Every treaty must receive the sanction of this august
ecutve council in the prescribed by the consti
tuon before it can be binding the United States At
ter stating the motives which he supposed have actu
ated the Senate in adopting the amendments the treaty
Mr. buchanan gives notice of the appointment of Messrs
Sewer and Clifford as the commissioners Of the United
States ard that they had been invested either joint
y or severay with full powers exchange notifications
with the proper Mexican authorities.
This letter promptly forwarded to its destination
and submitted to the Mexican Congress with the
original treaty Of Guadalupe That body approved the
treaty. modified by the Senate of the United States
and Aessrs Sewer and Clifford repaired Queretaro for
the purpose Of executing their trust.
On the 2Gth Of May, l84S however after conversations
with the Minister Of Foreign Affairs they signed the pa
! per called the " Protocol"
This document in its preamble represents that Messrs
Sewer and Clifford having full powers make explana
tons in regard to the amendments adopted by the Senate
to the original treaty Of Guadalupe Hidago had agreed
to record these explanations They recorded them &C
cordngy under three heads and the Minister of Foreign
Affairs, in the same instrument, declared that with the
understanding conveyed by Them his Government would
proceed to ray the treaty modified by the Senate of
the United States This record Of Conversations Mr. de
la Rosa contends is real diplomatic convention and if
should be annued, the ratification Of the treaty made
/ oy the Mexican Government could not subsist.
The American Ministers represent themselves autho-
rzed to make explanations in regard to the Senate's
amendments but they do not represent themselves
horized 70 make interpretations for il have been
well known both parties that the constitution of the
United States had entrusted the power Of Interpretation OF
treaties to others and especially the judicial tribunals
the representative of the Mexican
ed to receive their explanations without ratification by
the Senate Of the United States construction equally
binding with Judicial Interpretation of those amend
ent his consent stood alone for it nowhere appears
that II was the intention Of the commissioners Of the
United States SO to represent them The undersigned is
reluctant to proong this note by needless dispositions
upon the Specification Of words 1t is manifest however
that mere power to make explanations in regard to the
amendments Of the Senate would not have authorized
them to give an Interpretation construction to those
amendments changing their true meaning. Mr.. Buchan
an IN bis letter before adverted to- deemed himself war
ranted py the circumstances in addressing certain expa
nations TO the Minister Of Foreign Affairs Of the Mexican
Government with reference to the amendments made by
the Senate IN the treaty but certainly nothing could
nave been further from his intention than suppose that
the Mexican Government were TO receive or that his
was be bound by these explanations either
as substitute for construction Of the amend
mens Mr. dc 10 Rosa must be aware that the Senate Of
the United States like the Congress Of Mexico though
co-ordnae an entirely distinct and Independent branch
OF the Government in their powers and proceedings the
SUBJECT OF treaties In celebrating upon them they sit
in conoave and though the result Of their deliberations
may be made known to the President they are only
under obligations TO express the reasons which may
have led to it, but the undersigned is not aware of any
instance In which this has been done When they adopt
amendments to treaty. these accepted by the Pre-
sdent they have the force any other parts Of the
instrument and TO be the law Of the land IL
70 by the foreign Government The Senate are content
with declaring what the law may be- aud propery leave
its Interpretation to the judicial authorities TO whom this
function is assigned by the constitution
BY thus exercising their unquesonabe right in with
holding their reasons for any proceedings which they may
adopt in regard TO treaties the Senate DO not intend to
prohibit the President from expressing to foreign Gov
ernmen his opinions to the views by which thew may
have been governed These opinions however are never
authorized by them and from what has been said must
from the necessity o. the case be merely speculative and
conjectura Undoubtedly Mr.. Buchanan SO considered
those offered in his letter to the Mexican Minister Of
Foreign Relations and presumed that they would be SO
received II, however, the President or Secretary OF
State Of the United States has right to trench unop
the attributes Of the Senate by communicating to foreign
Government, as binding upon the United States the rea
which they may imagine to have influenced the
Senate in adopting amendments to treaty still less can
they delegate this authority to others The UNDERSIGNED
will not question that in signing the Protocol Messrs
Sewer and Clifford expressed thor honest opinions in the
hope that would have just influence giththe Mexi
executive but IL Is impossible to believe they meant
that these opinions until ratified by the Senate however
formally expressed should be received as consr,ction
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