The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-30


mortal addressed by the Mess Hagous Brothers the
Department State the subject OF the deferred
stamept OF the treaty Of Meia This document enters
fully into the constitutional and legal idera with
which the question il invested. After noticing the fact
that the present provisional Of Mexico had
instructed it's Minister at Washington to press the claim
Of right On It's own behalf to receive the deferred install
men IL proceeds to show that no government which
claims to se constitutional establish any law or de.
I'm pairing the ob alton OF contracts Such course
would be directly oppo ed to the principles laid down y
nte ernationa law, which expressly aairm that there
no difference between the sanc!iy contract made by
nation with citizen and With foreign nation. In
cee', II there be any difference It IL the more bind
ing from the dignity OF the and the weakness Of the
other. In the present case number Of American cs
zens entered aiy int competition in tho open market
n the world, with the merchants and capitalists of other
pAtons and the purchasers OF what they deemed
10 be admitted public debt Of their government
s very low rate Of prospective profit The question
fore the United Sttes government had in way
complicated by their intervention since tie cspi,a.ts
France, England Germany would have taken the
loan still terms, had they declined
taking IL.
The emorial then proceeds 70 show that the
pursued BY the government Of the United States las al
wsys been consistent with these views Notwithstanding
that within the last forty ycsrs there had
than thirty persons Claiming The right exercise
supreme executive authority In Mexico, government
had invariably gone the procp.s Of recognizing
different national Administrations. Ths r,Is of non
Intervention in the changes In other
tries 6rs laid down BY Mr. Jefferson In his letter
instruct to Gouverneur Norris Of .he 18th March
17e3 and again reiterated by Mr. Webster January H.
1852 In letter to Mr.. Rivss the American Minister 10
France. This being ests ssbed principle Of action
the government Of the United states It w,ud b, ineoI
sistept in the highes: degree for citizens OF the
United states TO be called upon 70 reason upon any
form Of government which they might find exist
ing In . country With vhish they might have
relations to inquire as to the precise ormsty of It's
public contracts ard convsyances They 70 be
sidered In the present innocent holders under
de dcto authority which they hsd right to overt
and therefore fully entitled to the protection Of
their in the assertion Of rights scl ued
under that autbori y.
With regard TO the legal questions raised the memo
rial enters into an elaborate argument 10 show that
neither the delay in tine payment Of the tn zee mil
hons tue running and marking Of the ne Of
original Of the conveyance and consequently
did not render contingent the payment of tue c,n.ders
ion money bat only pos, poned It. The three million
LAT therefore constituted subsistng tbs
United States to MEXICO which assgnable win by
Presicen Santa Anna The right Of the Mexican r.
ment to dispose Of this deferred nstaent II con ENDS
pain It's right to receive the Hrst to make the
treaty itself. The bills given for H. and whi,i
made payable at ths proper tms, or, In ether words,
whenever the boprdafy line shoaid be surve, ed
marked and established, we're paid fr At the full mar
st value by their present holdera BY them they were
mediatey presen'ed TO o government OF the United
States he psyee asmes whi,h d.closd sccep,aoce 10
advance, not urou the ground that here debt
due, but because Il not the custom n any OF tho
departments to endorse scceptinces payable q. future
tericd. The bills were therefore wi.hdrawn until the
precedent! formally required by the treaty should be
carried into effect.
In fine he remorialists contend that not otly
CARDS the form a tie negotiation and assixnmsn have
Mexican law and usage been complied with but that the
case Is In sub.fantia conformity with tie preceSsnts "
their own government. Every formsIi'y required by
American Law Lad been fulfilled and the rgh, purchase
ia open mari e. chosr 10 action, unmaturei debt
sovereign nation, had bssn fully established by tho
government o the rnitec States ite whsn pu chased
nssi,nent not yet Duo Of tie debt created BY the
acquisition 81 California and secured by the treaty OF
Guadalupe Hdaigo. This 5ebt expressly made pay
ste 70 the de do government of MEXICO and paf.
chased in the instance referred TO- from sssgnss Of
that government Under those circumstances, the
moriss,s aim that upon the acceptance Ani payment
Of tho drafts drsva BY Mexico against the deferred n
stament Of The Mess balance, the United states wi
be in possssEicn Of voochars mprsgnsbe against any
further ci.ims on the subject.