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therefore submit that this article should not be ratified as a part of the treaty.

There may be reason to apprehend that the ratification of the "additional and secret article" might unreasonably delay and embarrass the final action on the treaty by Mexico. I therefore submit whether that article should not be rejected by the Senate.

If the treaty shall be ratified as proposed to be amended, the cessions of territory made by it to the United States, as indemnity, the provision for the satisfaction of the claims of our injured citizens, and the permanent establishment of the boundary of one of the States of the Union, are objects gained of great national importance; while the magnanimous forbearance exhibited towards Mexico, it is hoped may insure a lasting peace and good neighborhood between the two countries.

I communicate herewith a copy of the instructions given to Mr. Slidell in November, 1845, as envoy extraordinary and minister plenipotentiary to Mexico; a copy of the instructions given to Mr. Trist in April last, and such of the correspondence of the latter with the Department of State, not heretofore communicated to Congress, as will enable the Senate to understand the action which has been had with a view to the adjustment of our difficulties with Mexico.

WASHINGTON, February 22, 1848.

The message was read.

JAMES K. POLK.

The treaty of peace, friendship, limits, and settlement between the United States of America and the Mexican republic, concluded at Guadalupe Hidalgo, on the 2d day of February, in the year 1848, was read the first time.

On motion by Mr. Sevier,

Ordered, That the treaty, message, and accompanying documents be referred to the Committee on Foreign Relations, and printed in confidence for the use of the Senate.

MONDAY, FEBRUARY 28, 1848.

Mr. Sevier, from the Committee on Foreign Relations, to whom was referrred, the 23d instant, the treaty of peace, friendship, limits, and settlement between the United States of America and the Mexi-' can republic, concluded at Guadalupe Hidalgo, on the 2d day of February, in the year 1848, reported it without amendment.

Mr. Webster submitted the following resolution for consideration:

Resolved, That the further consideration of the message of the President of the United States of the 22d of February, 1848, be postponed; and that it be recommended to the President of the United States immediately to nominate commissioners plenipotentiary, not fewer than three, to proceed to Mexico, for the purpose of negotiating with the republic of Mexico a treaty of peace, boundaries, and indemnities due to American citizens.

Mr. Houston submitted the following resolution for consideration :

Whereas, the President of the United States did, on the 23d instant, submit to the Senate an instrument purporting to be a treaty between the government of the United States and the republic of Mexico, signed at Guadalupe Hidalgo, on the second day of the present month, by Nicholas P. Trist, falsely assuming to act under the authority of the President of the United States and Lus G. Cuevas, Bernardo Conto, and Mig. Atristain, pretending to act by the authority of Mexico:

And whereas, the said Nicholas P. Trist was, at the time of signing aid instrument, acting contumaciously and in direct violation of the orders of his government recalling him, which orders he had communicated to the Mexican authorities:

And whereas, the said instrument having been signed by a person falsely representing himself as a minister of this government while acting in violation of his instructions, the laws of the land, and the constitution of this Union, and to the great scandal of our national character, renders the said instrument utterly void and ineffectual; it would therefore be dangerous, if not ruinous, for the Senate, by their decision, to sanction such a flagrant disregard of the institutions of the country, as it would be holding out inducements to similar acts by vicious men, who may be actuated by the most corrupt and treasonable intentions against the liberties of the Country:

And whereas, the very peculiar circumstances under which the said instrument was concluded, do not leave it free from wellgrounded suspicion of the interference of agents of other powers, not parties to the instrument, and whose interests are adverse to those of the United States; and, further, it is manifest from the correspondence before the Senate, that information affecting the character of the country as well as the ins'rument itself, is not before this body, and as the individual who sent the same has promised much matter with the duplicate, which is to arrive soon:

And whereas, it has been declared to be the object of the present war to obtain "indemnity for the past and security for the future," and as it is most probable that the domain proposed to be ceded by Mr. Trist's agreement is all granted by Mexico, or will be covered by fraudulent grants, if the agreement should become a treaty, leaving to the United States mere civil and political jurisdiction of the same, while it would be incumbered by conditions relative to the Indians which would be worth more, in a pecuniary point of view, than all the vacant land acquired, and which would leave the government of the United States no indemnity in honor for the lives of its gallant sons who have fallen, no indemnity for the millions expended, nor for the blur which must dim the lustre of our national escutcheon:

And whereas, the conduct of the authorities of Mexico have been such as to justify this government to treat her as a conquered people, and to claim a full indemnity for all the injuries which we, as a nation, have sustained from her since she has claimed to be a republic;

it would therefore be but just to the nation and benificent to those of her people who would fall thereby into the United States, that the line of the portion of territory to be claimed should begin one league south of Tan pico, on the sea shore, and from thence running in a straight line west northwest from the beginning, and passing one league south of San Louis Potosi, to the summit of the main ridge of the Sierra Madre and thence northwest along the said ridge of the Sierra, until it strikes the twenty-fifth degree of north latitude, and then with said degree or parallel west until it reaches the eastern line of Lower California, thence pursuing said line south and west until it reaches the Pacific ocean, including such islands as may lie within six leagues of the shore acquired by the United States as a "just indemnity for the past:"

And whereas, it is not probable, or even to be supposed, that Mexico will be able to establish and maintain order for the future, it is then proper, and will be wisdom, to retain possession of Vera Cruz and the Castle of San Juan d'Ulloa, to be garrisoned by a force sufficient for its defence and other points, if needful, as "security for the future," until Mexico shall manifest her capacity or incapacity for self-government, so that foreign powers may not have a pretext for interference in the policy of nations upon this continent; and if they should attempt to interfere, that the United States will be in a condition to vindicate her rights and national honor:

And whereas, if Mexico is acting in good faith and is disposed to carry out the agreement now before the Senate for its action, the Executive has power to send an authorized agent or agents, and give such instructions as he may advise, and thereby rebuke the audacious interference of unauthorized agents in the diplomacy of our country, and prevent a like transaction, or to send a gentleman whose intelligence and integrity will restrain him from attempting any violation of the rights or territory of any sovereign. State of this Union:

Therefore,

Resolved, That the before described agreement be rejected by

the Senate.

Mr. Baldwin submitted a resolution, which having been considered, by unanimous consent, was, on motion by Mr. Dickinson, amended and agreed to, as follows:

Resolved, That the President be requested to communicate to the Senate, in confidence, the entire correspondence between Mr. Trist and the Mexican commissioners from the time of his arrival in Mexico until the time of the negotiation of the treaty submitted to the Senate; and, also, the entire correspondence between Mr. Trist and the Secretary of State in relation to his negotiations with the Mexican commissioners; also, all the correspondence between General Scott and the government and between General Scott and Mr. Trist since the arrival of Mr. Trist in Mexico, which may be in possession of the government.

Ordered, That the Secretary lay the said resolution before the President of the United States.

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TUESDAY, FEBRUARY 29, 1848.

The following message was received from the President of the United States, by Mr. Walker, his secretary:

[CONFIDENTIAL.]

To the Senate of the United States:

In compliance with the resolution of the Senate, passed in "executive session" on yesterday, requesting te President "to communicate to the Senate in confidence the entire correspondence between Mr. Trist and the Mexican commissioners, from the time of his arrival in Mexico until the time of the negotiation of the treaty submitted to the Senate; and also the entire correspondence between Mr. Trist and the Secretary of State, in relation to his negotiations with the Mexican commissioners; also, all the correspondence between General Scott and the government, and between General Scott and Mr. Trist, since the arrival of Mr. Trist in Mexico, which may be in the possession of the government," I transmit herewith the correspondence called for. These documents are very voluminous, and presuming that the Senate desired them in reference to early action on the treaty with Mexico, submitted to the consideration of that body by my message of the 22d instant, the originals of several of the letters of Mr. Trist are herewith communicated, in order to save the time which would necessarily be required to make copies of them. These original letters it is requested may be returned when the Senate shall have no further use for them.

The letters of Mr. Trist to the Secretary of State, and especially such of them as bear date subsequent to the receipt by him of his letter of recall as commissioner, it will be perceived, contain much matter that is impertinent, irrelevant, and highly exceptionable. Four of these letters, bearing date respectively the 29th December, 1847, January 12, January 22, and January 25, 1818, have been received since the treaty was submitted to the Senate. In the latter, it is stated that the Mexican commissioners who signed the treaty derived their full powers bearing date on the 30th December, 1847, from the President ad interim of the republic, (General Anaya,) constitutionally elected to that office in November by the sovereign constituent Congress" of Mexico. It is impossible that I can approve the conduct of Mr. Trist is disobeying the positive orders of his government, contained in the letter recalling him, or do otherwise than condemn much of the matter with which he has chosen to encumber his voluminous correspondence. Though all of his acts, since his recall, might have been disavowed by his government, yet Mexico can take no such exception. The treaty which the Mexican commissioners have negotiated with him, with a full knowledge on their part that he had been recalled from his mission, is binding on Mexico.

Looking at the actual condition of Mexico, and believing that, if the present treaty be rejected, the war will probably be continued,

at great expense of life and treasure, for an indefinite period; and considering that the terms, with the exceptions mentioned in my message of the 22d instant, conformed substantially, so far as relates to the main question of boundary, to those authorized by me in April last, I considered it to be my solemn duty to the country, uninfluenced by the exceptionable conduct of Mr. Trist, to submit the treaty to the Senate, with a recommendation that it be ratified with the modifications suggested.

Nothing contained in the letters received from Mr. Trist since it was submitted to the Senate has changed my opinion on the subject. The resolution also calls for "all the correspondence between General Scott and the government since the arrival of Mr. Trist in Mexico." A portion of that correspondence, relating to Mr. Trist and his mission, accompanies this communication. The remainder of the "correspondence between Generai Scott and the government" relates mainly if not exclusively to military operations. A part of it was communicated to Congress with my annual message, and the whole of it will be sent to the Senate if it shall be desired by that body.

As coming within the purview of the resolution, I also communicate copies of the letters of the Secretary of War to Major General Butler, in reference to Mr. Trist's remaining at the head-quarters of the army in the assumed exercise of his powers of commissioner. JAMES K. POLK.

WASHINGTON, February 29, 1848.

The message was read.

On motion by Mr. Houston,

Ordered, That the message and documents communicated therewith be printed in confidence for the use of the Senate.

The Senate proceeded to consider the resolution submitted by Mr. Webster, the 28th instant; and after debate,

On motion by Mr. Johnson, of Maryland,

The Senate adjourned.

WEDNESDAY, MARCH 1, 1848.

The treaty of peace, friendship, limits, and settlement between the United States of America and the Mexican republic, concluded at Guadalupe Hidalgo on the 2d day of February, in the year 1848, was read the second time.

On motion by Mr. Sevier,

Ordered, That the Secretary withdraw from the printer the message and documents which were on the 29th February ordered to be printed in confidence for the use of the Senate.

On motion by Mr. Badger,

The Senate proceeded to reconsider the order for the printing of the message and documents received on the 29th February; and,

On motion by Mr. Sevier,

Ordered, That the message with the accompanying documents, except those received from Nathaniel P. Trist, be printed in confi

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