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 run-ning 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.

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 t'e 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 reJates 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 inMexico." 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 1818, 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

dence for the use of the Senate; and that the latter be referred to the Committee on Foreign Relations.

Mr. Houston submitted the following resolution for consideration: Resolved, That the reporter of the Senate be sworn to preserve inviolable secrecy regarding the proceedings and debates of the Senate, while the subject of the treaty with Mexico shall be under consideration in executive session; and that he be admitted into the Senate chamber during the discussion of that subject with a view to report the debates under the injunction of secrecy, and subject to the future order of the Senate.

The Senate resumed the consideration of the resolution submitted by Mr. Webster, the 28th instant; and, after debate,

On motion by Mr. Johnson, of Maryland,

The Senate adjourned.

THURSDAY, MARCH 2, 1848.

Mr. Mangum, from the Committee on Foreign Relations, to whom was referred, on the 1st instant, the correspondence from Nathaniel P. Trist, received with the message of the 29th February, reported that the letter from N. P. Trist, of the 25th January, 1848, alone, be printed; but that the committee had examined all the letters and marked such parts as, in their opinion, should be omitted in any order to print those letters.

On motion by Mr. Webster,

Ordered, That the correspondence of Nathaniel P. Trist, with the exception of such parts as have been marked for omission by the Committee on Foreign Relations, be printed in confidence for the use of the Senate.

The Senate resumed the consideration of the resolution submitted by Mr. Webster, the 28th instant; and,

On motion by Mr. Mangum,

Ordered, That it lie on the table.

On motion by Mr. Houston,

The Senate proceeded to consider the resolution, submitted the 1st instant, to admit the reporter of debates in executive session; and,

On the question to agree thereto,

It was determined in the negative.

On motion by Mr. Sevier,

The Senate, as in Committee of the Whole, proceeded to consider the treaty of peace, friendship, limits, and seitlement between the United States of America and the Mexican republic.

On motion by Mr. Sevier,

To strike out the tenth article of the treaty, a debate ensued.

On motion by Mr. Miller,

That the Senate adjourn.

It was determined in the negative,

negative, {Nays.

On motion by Mr. Sevier,

...

15

30

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Badger, Benton, Berrien, Clarke, Clayton, Corwin, Crittenden, Davis, of Massachusetts, Dayton, Greene, Mangum, Miller, Spruance, Underwood, Upham.

Those who voted in the negative are,

Messrs. Allen, Ashley, Atchison, Atherton, Baldwin, Bradbury, Breese, Bright, Butler, Cass, Davis, of Mississippi, Dickinson, Dix, Douglass, Downs, Felch, Foot, Hannegan, Houston, Hunter, Johnson, of Maryland, Johnson, of Georgia, Lewis, Mason, Moor, Niles, Sevier, Sturgeon, Turney, Yulee.

The question recurring on the motion of Mr. Sevier, to strike out the tenth article of the treaty:

On motion, by Mr. Crittenden,

To divide the question, by striking out from the tenth article the words from "but" to "void," inclusive:

The question was stated, "Shall these words stand as part of the tenth article?" to wit:

"But the grantees of lands in Texas, put in possession thereof, who, by reason of the circumstances of the country since the beginning of the troubles between Texas and the Mexican government, may have been prevented from fulfilling all the conditions of their grants, shall be under the obligation to fulfil the said conditions within the periods limited in the same respectively; such periods to be now counted from the date of the exchange of ratifications of this treaty; in defanlt of which the said grants shall not be obligatory upon the State of Texas, in virtue of the stipulations contained in this article.

"The foregoing stipulation in regard to grantees of land in Texas is extended to all grantees of land in the territories aforesaid elsewhere than in Texas, put in possession under such grants; and, in default of the fulfilment of the conditions of any such grant, within the new period, which, as is above stipulated, begins with the day of the exchange of ratifications of this trea'y, the same shall be null and void: "

And it was determined in the negative-nays

Those who voted are,

48.

Messrs. Allen, Ashley, Atherton, Badger, Baldwin, Bell, Benton, Berrien, Bradbury, Breese, Bright, Butler, Calhoun, Cass, Clarke, Clayton, Corwin, Crittenden, Davis, of Massachusetts, Davis, of Mississippi, Dickinson, Dix, Douglas, Downs, Felch, Foote, Greene, Hale, Houston, Hunter, Johnson, of Maryland, Johnson, of Georgia, Lewis, Mangum, Mason, Miller, Moor, Niles, Pearce, Rusk, Sevier, Spruance, Sturgeon, Turney, Underwood, Upham, Westcott, Yulee. On motion, by Mr. Mangum, further to divide the question, by striking out the last sentence of the tenth article;

The question was stated, "Shall these words stand as part of the tenth article?" to wit:

"The Mexican government declares that no grant whatever of lands in Texas has been made since the second day of March, one thousand eight hundred and thirty-six; and that no grant whatever