The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-25
WASHING TON.
The Mexican Indian Claims De-
cided for the United States.
THE GENEVA AWARD.
The Safety of National
Bank Loans.

VAoniNuiON, ApEn a, Aot4s
The "1ndfan Depred alton" Claims OF
MexicO-Decisfon or the Test Case In
Favor OF the United states by Sir Ed
ward Thornton, the Umpire Of the
Mixed Commission.
Al the meeting OF the United States and Mexican
Claims Commission, held on Wednesday las:, the
opinion OF the UMPIRE Sir Edward Thornton, was
nled In the case OF Rafael Aguerre VS.. The United
States awarding that the motion heretofore made
by the agent OF the United States to dismiss and
reject this claim be allowed and the claim was &C.
c0riingly rejected This was the test case OF the
class known as "Indian depreciation claims''
against the United States the aggregate OF which
amounted to some $31,O00,OO0. Mexico as
serted the liability Of the United state mainly by
reason OF certain provisions OF the old treaty Of
peace OF lsls. The United States, through their
agent Mr.. J. Hubley Ashton, maintained that
II any liability attached to them under
that treaty on this account, such liability
was released by the ''Gadsden treaty OF 1887 The
Commissioners having disagreed upon the ques-
tons raised by the motion OF the agent OF the
United States. referred the matter to the umpire
for his decision, with the result above indicated.
The opinion Of the umpire is regarded by those
familiar with the matter with which 1t de ais as
masterpiece OF judicial exposi tlon, ana evinces
such thoroughness oil research and cOnclusveness
ofreasoning as might be expected from its distin-
gulshed author. Both governments are to be con-
graduated upon the final solution OF this long
agitatcd question. 1t only remains for the Com
missioners to apply the principle laid down by the
umpire In the test case to the 1856 other similar
cases before them and this, 1t is understood VIII
be done so soon the necessary formal inspection
OF the cases can be made.
The following Is the text Of the opinion of Sir
Edward Thornton, as umpire in the United States
and Mexican Claims Commission on the motion to
dismiss the test case OF the class OF claims called
''Indlan depreciation caimsn VS.. The United
States:-
In considering the case OF Don Rafael Aprierre
vs.. The United states, No. 49, and the motl0n OF
the agent OF the United States OF October TO- 1870,
the umpire has carefully perused and studied all
tue documents which have been forwarded to him
by the United States and Mexican Claims Com
mission. Alter due reflection he mas become salts
fed that the points upon which the question OF the
motion principally turns are the causes which led
to the conclusion o. the treaty OF December 80.
the meaning OF the words OF That treaty. one OF
these causes 1t Is evident to the umpire, were
the complaints constantly made by the Mexican
early date after the conclusion Of the Treaty OF
Guadalupe Hidalgo till near the end OF 1858; that
the srpulatiOns OF the eleventh article OF that
treaty had not been fulfilled by the latter govern
ment, aud That 1t consequently owed indemnity
both to the Mexican government and to citizens
OF Mexico on account OF the damages incurred
through this failure. The correspondence be-
tween the two governments was Of an irritating
on both Sides 1t was therefore the interest, as it
Was the desire, OF both governments to put an end
cannot doubt that this was one OF t causes OF
disagreement which were referred to in the pre-
amble u the treaty OF 1853, and wn:cn the two ma
lions desired to remove. 1t certainly could not
be asserted that every cause OF disagreement
would be- removed until t.is question was
settled. and the absence Of q stipulation Tor that
purpose would have mad the G feet that false I'M
preston would have been CIV en- by Lnat phrase
removed. BY the Inratlded Treaty Of 1859, as ne
gotiated by Mr.. Gadsden in Mexico, that Republic
ceded to the United States certain portion OF
territory, ana agreed that the eleventh article
OF the Treaty OF Guadalupe should be annuled,
ana that the United States should be exonerated
whether on account OF the alleged failure to fulfil
the obligations OF the eleventh article Of the
Which ms have on arssn sass
the date OF that treaty. In consideration OF these
stlpulauons the United States agreed to pay
SIS, 00O, OUO and further engaged to assume all
claims OF United states citizens against Mexico
and to pay them to the extent of 100000 But
the Senate OF the United states altered the terms
OF this treaty. and the amendments proposed by
that body were accepted by Mexico. by the
amended treaty Mexico coded q smaller portion OF
territory, released the United States from all ia
billry on account OF the obligations contained IN
the eleventh article OF the Treaty OF Guadalupe
HidalgO and agreed that that artce and the thirty
third article OF the treaty OF the 5tn OF April 1881,
should be annulled. In this amended treaty no
Mexican citizens against the United States nor
OF those o. United States citizens against Mexico.
In consideration OF these stpuatlons-t. e.. the
cession OF smaller portion OF territory, the re-
lease to the United States nom all Inability on
account OF the obligations contained in the
dago and the repeal Of that article and OF the
thirtytnird article OF the treaty OF April s. 1881
sum Of sIo,ooc,oOO Il is commended on Behalf Of
the claimant in. in the case now under
IN tod otv Of na-
cember 80 1858, does not release the United states
from the payment Of damages, II any were due, TO
United states government II 1t did fail, to fulfil
the obligations OF the eleventh article Of the Treaty
Of Guadalupe The umpire HOLDS lthat it does 50
release the United States, and that the govern
ment which accepted the amendments made by
the United states to the former Gadsden
1t is inconceivable that after oil the
correspondence and almost angry discussion
which mad taken place between the two govern
:s 81 t6s eevesS arsice Of
the Treaty OF ls4S, and the consequent claims Of
public OF Mexico should have been satisfied with
and should have ratified, and tue Senate OF the
United states should have sanctioned, any treaty
the great questions at Issue.
It is argued that the second article OF the
claims for which they might be thereafter
to iulhl the obligations. q the eleventh
the second article itself, the eleventh article or
the Treaty OF lS48 was annulled, there could there
alter be no failure to fulfil where there were no
Obligations. and consequently there could be no
future claims. II there were any claims for which
the United states were liable on account OF the
failure to fulfil the obligations from 1s48 to 1858
they were certainly liable at the moment oil tne
signature OF the Treaty OF 1853, and that present
liability could not have been excluded from the
term call liability" from which the government
Of Mexico released the United States.
The context OF the second article also corrobo-
aan
OF the article annuls the eleventh article OF the
Treaty OF 1848 In dong 1t or itself releases the
United states from all iuture claims account OF
failure to fulfil the obligations; and the first sen.
tence II 1t refers only to those future claims, is
clearly peOnasm. In the second article OF the
unratifed Treaty Of 1868 1t was agreed that, TO
remove all occasion OF dispute ON account OF
Teclamations to the present date founded on
alleged Indian lncursions,n the eleventh article
OF the Treaty or Guadalupe should be
annqlled, II, then, the abolition OF this
Article had this edeet Win regard to recamatons