National Republican. (Washington City (D.C.)) 1872-1888, 1873-05-17
THE MEXICAN QUESTION
MEXICO AND THE UNITED STATES

Cession OF Territory--Tho Treaty stIpu-
lations In Regard to Claims a mounts
Mt Issue.
Gen. II. V. Boynton, In the following lettC
TO the Cincinnati Gazette, reviews our relI
lions with Mexico, which will 10 found {
particular Interest at the present time;
The indications here are unmlstakable thu
the Administration Is soon to have Mcxlca
question on Its hands.
The claims before the commission now OF
ganlZed, those which Mexico insists upon Of
account OF the deprecatlons Of Indians from
Arizona and New Mexico; and lastly. tn,
bitter complaints from our ToIan border o
incurslons from Mexico, and tho enormous
claims which the Rio Grandc commission hal
| agreed upon "a proper damage for thes,
deprcdatiOns, oil point to serious pccuniarJ
obligations toward the United States on the
/ part OF Mexico. The present commission
cannot consider any Of the claims heretofore
examined and reported by tho commission
now upon the Rio Grande, nor those which II
/ Ia now ready to present for the information
| OF tho State Department In q second report
But without these the balance against Mexico
must reach many millions.
| The Mexican question is fast resolving
Itself into these elements:
!. The establishment against Mexico OF
claims on account Of damage done American
| citizens exceeding by at least twenty. OF
thirty millions all claims established by Mex.
leo against tho United States.
y. An exhausted Mexican treasury.
| 3, cesslon OF territory to tho United
States.
=. An assumption by the United States Of
the claims Of American citizens.
TREATY CLAUSES REGULATING CLAIMS.
In UiatV nf ha all -.
tween the United States and Mexico, ii Is In.
toresting TO look at those articles Of our
treaty under which such enormous claims
have arisen between tho two nations. The
treaty o! commerce and navigation, concluded
April 8, 1885, contained the following In re-
gard to Indian incurslons,
Art. 80. 1t Is likewise agreed that the two
contracting parties shall, by all the means In
their power, maintain peace and harmony
among the several Indian nations who inhabfl
the lands adjacent to the lines and riyers
which form the boundaries OF the two coun.
tries, and the better to obtain this object both
parties bind themselves expressly to restrain
by force all hostllltles and incursionA on the
part OF the Indian nations living within their
respective boundaries, go that the United
States Of America will not suffer their Indians
TO attack the citizens Of the United Mexican
States, nor the Indians inhabiting their terri.
tory; nor will the United Mexican States per
init the Indians residing within their terrific
ries to commit hostllities against the citizens
Of the United States Of America, nor agalnsl
the Indians residing within the limits Of the
United States, In any manner whatever"
Tho remainder OF the article contains q pro-
vision by which each Government agrees TO
return all prisoners captured by Indian,
within their respective territories.
By the treaty OF Guadalupe HIdaiRo. signed
February 9, 1913, the United States engaVeo
70 assume and pay all amounts then due il,
citizens by reason of claims already llouI.
dated and decided against Mexico, and the
United States furthermore discharged Mexico
from all claims of citizens OF the TnIte,
States which had arisen previously to the
date above named, and agreed that such dis
charge should DO final and perpetual.
The same treaty contained the following
article in regard to the lncurslons of Ind anp
into Mexico:
Art. II. Considering that prcat part of
the Territories, which, by the present treaty
arc to be comprchendcd Tor tho future within
tho limits OF the United States. ia now occn.
pied by savage tribes, who wifi bcreafte, h,
under the exclusive control OF the Govern.
ment OF the United States, and who 40 Incur.
slons within the territory Of MeXIco wonId
DO prejudlcial In the extreme. IL Ia solemniS
agreed that all such incurslons shall be for.
chilly restrained BY the Goyernmcnt Of The
United States whatsoever this may be neces.
sary; and that when thew cannot he prevented
they shall be punished by The aid Govern.
ment, and satisfaction for the same shall be
exactedr--Ap IN NE same way, and with eauAI
'dfff1enceand ensryy, as N the same incur
sions were medltated or committed within il
own territory, against Its own citizens"
The remainder of the articleprohibited the
purchase Of captiyes made by Indians, and
provided for their prompt return.
The second article Of the Gadscn treaty of
December 30th, 1853, contains an abrogatIon
Of both the articles quoted above. and IL,
terms form Just now the basis OF an important
controversy between our Government anu
that Of Mexico.
Tho article, as II appears In the English
translation, reads as follows;
art. Q. The Government Of Mexico here.
by releases the United States from ali llabIlIt,
on account Of the obligations contained III
the eleventh article of The treaty Of Gnada.
lupe HIdalgo; and the said article and thu
twenty-third article Of the treaty Of amIty,
commerce, and navigation between the Uni,
ted States Of America and the United Mexi-
can States, concluded at Mexico on the 5th
day OF April, 1881, arc hereby abrogated."
This article was not In the original draft
OF the treaty as concluded, but was Inserted
as an amendment by the Senate OF the United
States, translated at the State Department,
subsequently, ratified by the Mexican Com
gress.h
Il Is now claimed that the translation was
not such us to make the article as 1t appeared
In the Spanish version retroactive, as il IL held
by our authorities TO be. The Mexican an.
thorites, on the other hand, hold that the
United States Ia liable for all claims arising
on account OF invasion and depreciation Of
Indians from the date Of the treaty OF Gauda-
lupe Hldalgo, February Q, 1913, 10 the signing
OF the Godsen treaty December 80, 1888, and
that the release thus agreed to BY Mexico aid
not apply till the ratification OF this latter
treaty. II Mexico insists upon this Interpre-
tatlon, and the translation made il Judged by
Spanish scholars to warrant II, and the United
States continues to hold that II Is retroactive,
then under the commonly received provision
OF international law relating to such cases,
the whole article of abrogation falls, and
leaves the United States still bound by The
former articles.
This question Of translation Il now pending.
and those who have given the matter profes.
slonal study intimate their belief that The so-
called 'error" in translation was moi an error
but a version designcdly made Tor Ihs pur.
pose Of more readily obtaining The assent of
The Mexican citizens,
Tho Mexicans have already presented
lpterpretauon OF inns Article, and ss,ooo,OOo