The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-01-24

United slass had ratified the treaty of Guadalupe Hdaao
w'ih amendments The articles IN That protocol. which
were signed by MessTs Sewer and Clnofd on the one
side, and Don Luis De La Rosa the olher
sefed, by the Mexican government surely, as restoring
he whole treaty stood before The Senate amended IL
They claimed that, and insisted upon il. And now lei
US trace the history OF that matter briefly In order that
we may see how II compares with the case before US
9 oat commissioners, Messrsa SEWER ana Clihord, haa
TWO ges when they went TO q esaero 10 exchange the
rathcatoDs Of The treaty. The one was simple power
10 exchange sbe treaty amended by the Senate The
other was power $50 make explanations in regard 10 the
amendments OF the Senate" And il the will look
INTO the documents transmitted to Congress in December,
s49 he will mud both those powers set out in those doc
amenls Here them was an express power to make
ptssaison" They made them, and they recorded them
III whai we call the PROTOCOL in three articles, which as
said bs!oro, the Mexican commissioners considered as
res,lscaing every clause Of the treaty. as was osl
naiy negotiated by Mr. Trst, The commissioners on
boh sides signed the protocol, and then exchanged ra-
cations The Mexican minister, as he asserted, took
that protocol inlo the Mexican Congress, and there de-
caTed ii to be agreed TO by the commissioners both
sides part Of the treaty., and asked that il might be
ed as pa4of ts treaty on The records OF the Mexican
The treaty came back here and the rahcations OF it,
as amended by the Senate without the protocol, were
published and proclaimed by Pfeslden, Polk u alter
wards became my duty 10 defend him in despatch, as
Secretary State for all that he had done in regard TO
that matter. So lar from mputing censnre to the com.
mssioners who acted they die, defended them. and
also The Secretary OF Stale under the administration OF
Mr. Polk who had given the instructions IN regard TO The
whole matter; and the despatch in which did defend
Congress IN lS49. There circumstances belonging
the history OF that precedent which can never forget
The President, under call IRON the House OF Repre-
senatives year the protocol had been made sent
to Congress. He never gave the members OF either
House, anybody else, any Information IN regard 70 II
for more than year; but when he did. ne sent his
easons for considering utterly and absolutely void
He said that could bind this government, because
had been submitted. and not intended 10 be sub
med to the Senate OF the United States. MI: De La
Rosa was not satisfied with that was he satisfied with
the debates in both houses Of Congress, from which he
saw thai the Congress of the United States intended to re-
pudiate the protocol and sustain The President and the
letters to Mr. Buchanan as Secretary OF State,
claiming the validity Of the protocol Mr. Buchanan re-
Piled and he eonsa ~ Two 3 h nhs EaSas
a. 1S49each OF them most eaboratey discussing the
question; and the last one, that Of February "a, VIII
say, in justice to Don LUIS DE La Rosa is one OF ihe
abes papers, for The argument which he had TO urge
that have read SO condent be, and so con-
hdent were his friends, that he had, 10 common
phrase "hoored" the American government IN the agu-
nent. and shown that i. had exhibited bad faith towards
Mexico, thai he placed copy OF that despatch IN me
hands OF the foreign ministers residing this govern
nenl-in The hands (among ohers) OF the British mn-
iser and the Russian minister. Accidentally, even
ing al kpfe party IN this city, one oi the ministers
came aud complained o the bad faith OF this gov
ernmen reference 10 Mexico, particularly IN regard to
this protocol. He ne had copy OF Mr. DE La Rosa's
placed his hands by that genlleman with the
REQ that should be transmitted 10 his, as II would
be every other government IN Europe, IN order that
olher people-acIoss the oceaD-ntgh understand win
what faith Americans maintained their treaties
lost time stating these things 10 the President
OF the United States and he directed without delay
To apply myself to the subject, and write an answer TO
NJ De La Rosa did SO, and the senator IRON Michigan
must have long sinee seen among ihe published cor
r. sondcucs. The ground taken that reply was, that
fae si.xcz ylnniser saw, By the words OF the power
gwen TO our commissioners exchange raiIfcations
mat no oher treat, thai which amended BY the
Senate and asu amsSdsdby the s. nHs could be ex-
changed by them tnai 8iexico HoubeJ, by the
very powers winch were exhibited 10 her minister al The
moment OF ratification, OF the full extent 10 wbch our
commissioners could go; that commissioners had no
right give any interpretation OF The treaty could not
do IL consistently with the Constitution and that every
foreign minister negotiating with tais government must
understand II So The conclusion arrived
was inasnuch this protocol was not IN any sense
a diplomatic convention, as II bad never been SUBJ
mitted to the Senate OF the United States, a. II had
never been published exchanged BY the President OF
the Unied States, and the Mexican minister fore
warned Of this by the very papers which were exhibited
10 him by MessTs Sewer aud Clifford, The Mexican gov.
eminent had no right to complain, and this government
would hold itself absoved, IN all tune 10 come, IRON any
obligat constfue toe treaty o. Guadalupe idago
by ANYTHING contained IA the protocol signed al Quefeta
ro stated 10 hm distinctly mat we held ourselves
bound efhr in honor iaio 10 observe that protocol
and that hs government might thoroughly undsrtt
that The only letter which ever came IN reply was
bnef note OF Mr. De La Rosa informing me that the
subject was important that be should transmit me
note to his government Tor theif insuucuons NO m
structons 9 yer came No complaint made but
the Mex xcsn submitted entirely TO The con-
strucon put upon that protocol by the American govern
meui and the Congress OF tue UDeu States susaiheu
Mr. Polk in the ground which he TOOK, that the pfotocoi
was absolutely and utterly void
SIR after this am told by who sustained President
Polk in this matter, that because suffered the British
had in the archives OF his own legation a
copy OF se whole argument OF the American government,
and thoroughly understood the principle assumed by us IN
references 10 this very subIeciio inform me, at the time
OF the exchange OF the rahcalons oil the treaty OF 1850,
that her Britannia Maj ssys settlements at Honduras and
its dependencies not included ~ that treaty, had
admitted the validity OF The declaranoni Although did
not sign II although counier.deeared u by stating that
the treaty did include all the Central American States.
with their Just limits and proper dependencies. although
counter. declared il by informing him that alteration
could made the Treaty without the consent OF the
Senate and that did not understand him desiring
TO alter II; although informed him what the de-
to show that the British released from the obga
tons of the treaty by the looseBess OF ts phraseoogyl
say that, although did these things, and had power.
and proiessed 10 have powell 10 make explanations,
the gentleman comes here and contends, IN effect IN
part o his speech that the declaration OF
Sir Henry is equivalent TO diplomatic convention If
so. the British government is absolved from The oblga-
lions of the treaty OF 1850 Such the resutsucb the
sacrifice be has made oil his counys interest TO crafty
his wounded pride
Did he ever pretend that the Mexican government
ab-olved from the obligations OF the treaty OF Guadalupe
Hidslgo amended by the Senate Will any Ameri.
senator stand up and that Mexico was discharged
from that treaty by the protocol which was signed both
by The Mexican and American commissioners No pro-
toco was made in 1880 by Sir Henry and myself
signed such thing and Sir Henry bad attempted TO
deny the facts my reply to his declaai'oD should not
have exchanged with him. BY exchanging upon II, he
waived every objection that could possibly be made to
any statement contained in the reply SI the senator
from Michigan persevetes IN taking The side OF The British