The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-25
MEXICAN Ahslrs-The Ten million Treaty. and
che Draft for TbxUc or T0em.

~ y, HcACo TOT tnree lnllnons, balance OF ten
mlihohs due under the last treaty, lear they have
Deen sold; and az the word =" sold is one which
Wohlu seem TO impute blame to the administration
o. Geheai santa Anna, it viii be right in me to pen
lev eAplanat. ry word, apTOpos 10 the Occ isiun
Ar will be seen in the New York Journal of Com
J mere ard HEBALp, Nov. /, 1868, was myself
inst originator OF the ten million treaty. / advo-
cated il on tie pant and by request Of the natio raj
eo,e Of Mexico, in the public press here and
elsewhere and materially thereby insured the treaty
acceptance Iy this government and Congress for all
Of Which, as well as other and previous efforts ~
sustain tie sinking fortunes of the Mexican repuo-
| lie. J lave not myself. as yet, been compensated
! selseaLy To intelligent governmental written obi
eanon and as there seems to be disposition in the
| government Of Mexico with which cond have
Io,hing to do) wrongfuly TO nnliiiy special engage
| menis and acknowl,dg ents of President General
| ssn,a Anna and his administration; and it being
Understood here III Washington that the new govern
ment Of Mexico, with the full knowledge that the
previous stvein eLt has res eived their lyalent
on conditional drafts, had claimed for itsel the three
millions halanse OF the millions due uacer the
recent eaty, seeking thereby to ignore the dr of
General Santa Annals adn Illustration. which would
be serious private injury well Us loss to national
aid governmental credit and honor. For the sstis-
faction o. all nt.eft.d, deem il proper to publish
the ioowng stitemsbt in 10 erence to the drafts in
question. aud also to the treaty under authority of
| which said Ora ts were drawn
BY the words OF the treaty, the ten millions were
admitted to be dEe to the government of Mexico mt
the moment Of its legal ratification, which was on
tie DAY at the end OF which the treaty would have
become u nullity by limitation. The admission OF
thNttn millions being due at the moment Of the "a
tiicutOu OF the Treaty was declared fact by the
seeiai act OF the Congress in this city Of Washing
ton
Congress appropriated not part only but the
whole OF the consideration Of ten millions named in
the treaty. Why! For the reasons that the whole
ao Mt was to he due that the appropriation of the
WHIT lie was necessary ia order TO agree to the terms
OF the tIe.ty, and to inuie its ratification by the
agent If Mexico. Had Congress failed to appro-
pirate the whole sum OF ten millions, the treaty
could not, and would not have been ratified by the
Mexican Minister Extraordinary.
Seven Of the Ten millions weio paid to the repre-
sentative OF the Mexican government at the monent
OF th, rat ftation Of the Treaty; three millions were
reserved not because they were not due at tho mo-
ment OF ratification, but by permission [consent1 Of
the contracting powers as sort of inierentia iar-
antee TO insure the line of boundary being drawn in
d way salts actory 10 the government at Washing
ton, in accordance with the words OF the treaty.
Tie sum Of three millions has been in the treasury
OF the United States from the time OF the ratification
OF The treaty Ieady to be paid to Mexico at any mo
melt Ready, but withheld, not because it was not
due. but because tho sum due, bat not payable.
The consideration OF ten millions admitted to be
due at tie moment Of its ratification the then admit
nistlation government Of Mexico, which nego-
tattd the treaty, possessed at the time the right TO
draw drafts for the reserved three illi0ns subject
to the condition Of the line Of boundary being drawn
satisfactorily, agreeably to the true wording of tho
When General slmonte, for his government, rat
fed Il treaty, had he required the seven millions in
cash. and the three millions in Treasury accep tances,
SUBJECT before payment, to the fnni action Of the
boui diary cmmssion, ngreeably to the terms of the
treaty, lie Honorable Secretary OF State Of the United
States William J.. Marcy. could have made and
woi ID have made 10 oil lection
Tie clase or the treaty relating to the withhold
ing their present payment Of three millions, pro-
peiiy and justly considered and viewed but sort
of conditional bill OF excbangeor deferred then
present obligation TO pay.
he dIa M fbn nd trltif 6rG
Anna for the balance Of the ten millions due under
The treaty cannot. for the foregoing reasons DO
fnsed pa. mtnt by the government at Washington.
| Tie payment of these drafts il plain OF I'M
doubted equity, which no favorable leaning towards
| Lew administration OF Mexico can, will or ehould
for ora . mon .s ent te permitted to set aside.
| this matter is to be viewed.
Ey its pitamble, the treaty il plainly seen TO be
ore which vas entered into to settle mutual terrific
iial and otler din cultes arising out OF previous
treaty. Tie difficulties were comprised chiefly in
! Cit-tlat IN relation to the Mesilla Valley
Now. If the reserved three millions, as has been
enormously stated in some interested quarters, were
net due TO Mexico at the moment OF the ratification
of the teity, but prospec.ivey only on the compile
t.un Of the new lie OF boundary then the govern.
neni OF tic United States would lie dsenttled TO
possession any territory under the treaty until the
boundary commission had completed its labors.
How stands tie case, them
| The Boundary Commission has only now completed
liz hbols but the United States took possession Of
since without awaiting the final action of The Joint
National Conn ission, which to transteritto one
country or the other, ithout permission OF the
govern Ment OF Mexico.
LittCr the three millions we've positively due 90
| the then govern meDt of Mexico. or the United
States usnIped possession Of the Mosa Valley, and
| jifrlnaed tie treaty and their national honor.
The taking possession Of the Mcsilla Valley before
| the lie OF boundary was fully and finally drawn by
| the commission, WIS an aftont to the Mexican gov
ernment 1t was In effect, saying: 1--WE will seize
the Mesiila Valley anyhow whether il shall be
| stittd OF II by the commission or no."
Tie seizuie Of the Mesiiia Valley was deemed TO be
20 fragrant an outrage against the dignity Of Mexico,
| that the present McXican Minister was required by
| the administration OF Gen. Santa Anna to make it q
| question whether the government of President
Pierre had not violated privilege and right by SO
selling tie Mcsilla Valley And whether, admitting
that the Mesilla Valley would probably finally
under the full sway Of the United States, the three
millions due. but not pad ut the moment cf the ra-
tifcation Of the treaty, hal not become actually
payable by the aforesaid premature seizure fpOsses-
| siorl of the said Mesia Valiey2
The Mexican Minister charged the government of
President Pierce with taking possession of the boun
diary by slices, or in parts, suit its own cOnve-
1 OF the con mission.
The Honorable Secretary OF State, VIM. r. Marcy,
in lengthy response, seen aud read by the writer,
serving that if tho Mexican Minister could point out
any special injury to Mexico by the stated possession
of tie Mcilla Valley, such injury would receive the
attentive consideration Of the government of the
| United States.
BY such indefinite response OF this government,
the chorne Of premature action was st bet ;nferen
| tally admitted
There could have been no excuse for such prema-
| tl.le acton on the part Of the government of the
United States, but in this one material fact that il
| owed three millions TO the then government of
Mexico for The Mesila Valley, and that the United
States had right to the posses OF the territory
cCdtd, ~ fast the line OF boundary was carried
| toward by the commission Appreciated under The
treaty and without awaiting the advent of its final
| Hpou.
lf cur government could jutly take premature pos
session OF territory the ground thit money was
| due and to lie paid for il, the other government
clearly in ell reason ard fairness could Justly claim
the premature payment Of money admitted TO be
| due.
The administration Of his Serene Highness, Ge-
reral Santa Anna, the President Of Mexico did not
Insist W on the bitter hus satisfied TO draw bills
| Il exchange for The three millions, subject, bcfor