The New York Herald Newspaper, March 3, 1860, Page 4

4 NEW YORK HERALD, SATURDAY, MARCH 3, 1660.—TRIPLE SHEET. om NEGOTIATIONS WITH MEXICO. a ° The Papers Laid Before the Senate. PROGRESS OF THE NEGOTIATIONS, MR. OCAMPO PROPOSES AN ALLIANCE. McLane Offers to Buy Lower California. Mr. @he Correspondence with the De- partment of State. THE UPSHOT IN THE PRESENT TREATY. | THE TREATY AND THE CONVENTION, | Rev Rees ake, On the 12th of January, 1860, the President of tho Unit- | d States submitted to the Senate the report of the Secre- | tary of State and the papers accompanying it, relating to the treaties lately negotiated by Mr. McLano, and tothe | condition of the existing government in Mexico. The Pre- Bident states that it will be observed from the report that | the papers are original, and that it is indispensable they | should be returned to the files of the Department. ‘MR. M'LANE TO GENERAL CASS. Usiren Statxs Lucarion, } ‘Vena Cava, Jane 22, 1859. Sim—I have the honor to acknowledge the receipt of your despatch No. 9, of date May 24, 1859, in relation to the of treaties submitted in my No. 5, under date of April 21, 1859. Ttransmit herewith, marked, a copy of points of cor- respondence had with the Minister of Foreign Affairs two days after the receipt of your despatch, which present the observations brought to my attention therein. On the 18th inst. the Minister of Foreign Aifairs submit- ted a project of a treaty of alliance olfensive and defen- sive between Mexico and the United States, in which he proposes to stipulate for protection and security of the right of way granted and to be graut. ed by the formor to the citizens of tho latter. Herewith, marked B, I transmit a copy of this project. On the 20th inst. | submitted to bis consideration the project of a treaty that embodied the dirst nine points of the conversation referred to ag Exhibit A of this despatch, and I advised him that I could not deviate materially from this project. I transmit herewith, marked ©, a copy of this project, with a copy of my letter to the Mi. nister of Foreign Affairs, marked B, transmitting the samo. Ihave had three detailed conversations with the Minis - ter of Foreign A(fairs, and one ful! conference with the President him: in the presence of Mr. Degollado, the Secretary of War, and Mr. Ocampo, the Miaister of Fo- reign Affairs, in relation to these projects. I have deferred writing this despatch, in the hope that I might be able to communicate to the Department something definite in relation to them, but I regret to say ‘that it is not in my power to do so at thig instant, and as the mail steamer Tennessee leaves to-day I must content myself with transmitting copies of these papers for your information , erving all exteuded femark until I can make known delinitely the intentions of this government. I do not mean to yield any points embraced in my pro- ject, a copy of which is herewith transmitted, marked C, nor will I in any way commit myself or my government to the project of the treaty of alliance proposed by the Minister of Foreign Affairs, copy herewith transmitted, marked B. Meanwhile, I have insisted that all the sub- jects treated in my project—protection of Isthmus routes and passage of troops inclusive—sbould be considered in the same goneral treaty, and that the question of a treaty of sfliance must stand apart and- by itseif its merits, that in no contingency would a general treaty of alliance, offensive and defen- sive, command the favor of my government. Neverthe- leas, I have avowed myself ready to consider this latter question in connection with the protection and defence of rights, whether personal or political, that might be estab. lished by treaty between Mexico and the United States. In this connection I bave fully explained the traditional poli- | cy of the United States, in relation to interference with the domestic administration of another State, developing fully the idea that in no event would my government interfere | with the internal concerns of Mexico, unless for its own security, or to protect and defend what was due to itsclf in observation, or in virtue of treaty stipulation. The reatest difficulty, however, is in reference to Lower Cali- fornia—the ceesion of which it is believed by most of the members of the constitutional government would be repudiated by the Northern and Central States of the republic that now sustain it. Iwill not, howover, pursue this subject further, my immediate purpose being ‘to submit for your information the papers herewith trans- Mitted, and invite the President's attention to the same, that I may be advised by you— ‘1. Whether | am at liberty in oF event to surrender the ninth article of my project, herewith transmitted, marked C, provided the previous eight articles are ar- ranged in substantial conformity with the instructions communicated in your number nine, and, if 80, what pe- cuniary compensation shail be given therefor? 2. Whether I am at liberty to adopt the third article of Mr. Ocampo’s project of a treaty of alliance as the basis of an arrangement, a convention to guarantee and defend the rights secured to us in relation to transit, commerce and territory, against all who may attempt to disturb the relations thus established by treaty between Mexico and the United States? Your instructions, communicated in despatch No. 9, are silent in reference to the proposition for a treaty of ‘alli- nce communicated to you in my number 8, under date April 21, 1859, and forbid any separation of the question of cession from that of transit and rights of way. To these inatructions I shall adhere until I hear from you definitely in reply to this despatch. ROBERT M. McLANE. POINTS OF CONVERSATION. No. 1.—The government of the United States accepts Mr. Ocampo’g article first as a substitute or modification of the project submitted by Mr. McLane in relation to ‘Tehuantepec. No. 2—The government of the United Stator accepts ‘Mr. Ocampo’s article second, as a substitule or modifica- tion of the first clause of the second article of the projit submitted by Mr. SicLane, with the addition that the pro- tection extended to the route im question shall appiy to all | Toutes now existing or hereafter to be constructed, unless | ‘Mexico has conceded special priviloges (in respect to rival | enterprises) to any existing company. If so the United | States will not interfere. Otherwise it prefers the original | Proposition now proposed as an addition to Mr. Ocampo's second article, viz : “That the two governments shall ex- tend protection to all routes now existing or hereafter to be constructed. No. 3.—The government of the United States desires | the additional stipulation proposed by Mr. McLane in re. to warehousing goods at the ports of depo on and In order the more firmty te connect their Criendship and reciprocal advartagec; io order to initiate the establishment, especially, of the public law of America In order to faciliate the foundation and developement of democratic principles; In order to oppose the maintésance: of the of foudal abuses which are Gull interwoven in all the ole- ments of public education, ‘The United States of Amorica and the republic of Mexioe bave agreed to adbere to the’ — ‘Treaty of peace and of offensive and dofensive alliance between the republics of the United States aad Mexico. ARTICLES. Th pel and constant friendship between the republics of the United States and Mexico, and their governments, in virtue of this special agreement, ratify anew the duty them te preveot the interruption of peace and their citizens, empio) ing of acoredited and disposed try to the other; the needed and rt other nations, the concession of minor ja always lees than those which wer occasions in the lives of persons, the demoralization of the people, the destruc- —— papell pale = of all ears — lustry; amd as war is a remaining vestige barbarity, civieed nations should avoid ft BY al the ‘moans ht power. 2—If the authority, the name, the flag, the land and na- val armed force, the acientific |) men, the places or territories, the mil stores, arms and munitions of war of either of the two nations should become necessary to the other to defend itself against a third cne—because these bind themselves never to pro- voke or offend except in self defence—the ether will be under the obligation of furnishing them effectively and Promptly, 60 s00n ag the one needing them shall require ; and ask therefor. 8.—It shall be obligatory upon either of the two repub- lice to aid in moaintai order and security in the terri- tory of the other by all the means sot forth in the article second, which precedes; provided this obligation be asked by « legitimate and acknowledged government, or which is obeyed by the maiority of the nation, the tendencies of which shall be the consolidation of democratic principles and of constitutional liberty. 4.—In every special case of the employment of armed forces and of their transports, or af their muaitions and military stores, the expenses shal! be paid by the treasury of the nation for whose benefit such employment is most directly made, being for its exciusive or partial account (charge) ag may be determined in every case by pre- Vious consent of both governments. 5.—Tbis treaty docs not authorize either of the two re- publics to station troops, arms, munitions or military stores in, or to cauge thom to pass over, the territory of the other, except by its previeus consent, From this article is excepted the agreement which may be made for the escorts on the routes of the northern aud western frontier of Mexico, agreeably to the treaty of 1831—an agreement pending now upon the reports which, by mu tual consent and special authorization of April,1859, the commissioners of both governments are about to make. The isthmus of Tehuantepec is likewise excepted here- from, upon which isthmus, whilst this treaty continues in force, the United States shall have power to station tem- porarily, at their option, the regular troops that may be necessary only to preserve the police security upon the eaid isthmus, and only in such cases in which Mexico may not have been able to preserve there such security, and for such time only as Mexico may not enforce the same. In such case the United State shail be under obligation to pay these troops, to hold them neutral with respect to other nations, to submit them to the lawe aud authorities of the republic of Mexico in all that does not relate to the internal government of eaid troops, not to exercige any act of jurisdiction, neither over the inhabitants of the country nor over the paseen- gers, and to maintain the legitimate government of Mexico, as defined in article 3, of this treaty, because they guarautee and bind themselves to preserve intact the sovereignty of Mexico over the Isthmus, as in all its terri- tory acknowledged by previous treatics. The United States shall, in like manner, have power to pass their troops, arms, military stores or munitions of war over the gaid Isthmus without paying to Mexico any kind of duties or imports. M. OCAMPO. Vena Crvz, June 18, 1859. MR. M'LANE TO MR. OCAMPO. Usrre Statas Lacation, } Vera Cruz, June 20, 1859. Sm—I have the honor to transmit herewith a draft of rgjet in conformity with the first nine points of our con- ‘versation on the 8th instant. Your draft or projét of an alliance offensive and defen- sive covers the tenth point of the series. I beg you to submit my draft to the President and Cabi- net in connection with any draft or projét you may your- self propose. tions we have each made heretofore, with such moditica- tions as I have been instructed to ask for. It is not in my power to deviate materially from these instructions, and for this reason I have thought it expe- dient to develope the points of our conversation by thepre- paration of the draft or projét herewith submitted. The additional article in relation to personal security and religious freedom I submit, with the hope that you will consider it proper to be embodied in any treaty that may be nogotinted between Mexico and the United States. ROBERT M. McLANE. His Excellency M. Ocampo, Minister of Foreign Affairs, republic of Mexico. Mr. McLane, under date of October 31, 1859, in an un- official form, ‘writes to General Cass, submitting the fol- lowing memorandum ‘‘as containing matter proper to bo embodied in any convention that may be negotiated be- tween the two republics, tor transit, rights of way and commercial intercourse :”’— ‘MEMORANDUM. If any of the foregoing stipulations are violated, and the legitimate and acknowledged government of either republic may be unable from any cause to enforce the same, it shall be obligatory on said government to seek the aid of the other in maintaining order and security, and their due execution in the territory of that republic where such violation occurs; and in every ‘such special case the expenses shall be paid by the trea- sury of the nation for whose benefit such intervention is most directly made, which shall be and regu- lated by an agreement between the. executive branches of the two governments, embracing the character aud number of the military force which may be deemed neces- sary to execute the foregoing observations. Vira Cruz, August 30, 1869. MR. McLANE’S Meee | TO MR. OCAM- Article 1.—As an amplification of the 8th article of the treaty of the 30th of December, 1853, the Mexican re- public consents that the United States and its citizons and property shall enjoy perpetually the right of way (tran- sit) by the Isthmus of Tehuantepec, from one ocean to the other, by any kind of road now’ existing or that may hereafter'be constructed, both republics and their citi- ‘zens enjoying it. Art. 2.—Both republics agree to protect all routes now existing over th. said isthmus, or that may hereafter be constructed, and to guarantee the neutrality of the same. They also agree to use their influence in order that other Powers may guarantec this neutrality. Art. 3.—Simultaneous with the first bona fide use of any route across sald isthmus for purposes of ‘actual transit, the republic of Mexico shall establish two points of de. posit—the one on tho east, tho other on the west side of the isthmus. No duty shall be levied by the government | of Mexico upon foreign effects and merchandise which | may pass bona fide by the said isthmus, and which may not be intended for the consumption of the Mexican re public. Noencumbrance or tolls shall be imposed upon foreign persons and property which may pass by this road beyond those that may be imposed upon the persons and property of Mexicans. The republic of Mexico will sit provided for in Mr. Ocampo’s article third (see document A 1, with No. 5); and the government of | the United States further desires that the time for the es- | tablishment of these ports of deposit shall be simulta- | neous with the first bona fide use of the route for the pur- | pose of actual transit, witnout reference to the kind of | route over which the communication may be opeued. No. 4.—The government of the United States adheres to | the third article of the projec submitted by Mr. McLane in | reference to the fourth article of Mr. Ucampo’s substitute or modification No. 5.—The government of the United States objects to | Mr. Ocampo's article 5 asa substitute or modification of | the fourth article of the projét submitted by Mr. ane in reference to free transportation of troops, military stores and munitions of war. In return for the prot tion extended to the Transit Company, both governments | are entitled to some such concession; but the United States | will not agree to extend its protection to any company that would refuse it. So far as the | existing transit’ is concerned, the government of the United States is willing to stand on the same ground with the Mexican government, and content itself | ‘with the payment of one-haif of the usual charges for pas- sengers and freicht. } No, 6.—The government of the United States adheres to its wish that article 5 of gtr submitted by Nr. Mo- Lane should be retained, and in this connection euggests to the government of Mexico that the existing charter of the Louisiana Company actually contains the same coudi- tion, to wit, ‘‘ That the profits of the stockholders shall not exceed fifteen per cent.”” | No. 7.—The government of the United States desire a Modification of the article in relation to the right of way submitted by Mr. McLane from the Rio Grande to the Gaif | of California, and from the Rancho de Nogales to Guay- mas, by which the routes in question may not be 80 strictly confined to certain named points. The words ‘‘ stipulations and’ should be inserted before the ‘word “ regulations "’ in ihe last clause of said article. The | government of the United States considers these rights of ‘way and the commercial stipulations connected witn them as matters of mutual interest and benefit, and in them- selves they are not considered as coustitating the subject of any such peculiar censideration as would be if continue to allow the free and untramelied transit of the mails of the United States, provided they pass in closed bags, and they be vot for distribution on the road. Upon such’ mails none of the charges imposed, nor of those which may hereafter be imposed, shall be applied ia any case. Art. 4—The Mexican republic agrees that it will estab- lish for each of the ‘‘two ports of deposit—the one on the cast, the other on the west of the isthmus"’—regulations that'will permit the effects and merchandise belonging to citizens or subjects of the United States, or of any foreiga country, to be entered and stored in warchouses erected for that ‘purpose, free from all tonnage or other duties whatever, except the necessary charges for cartage and storage; which said effects and merchandise may be sub | Sequently withdrawn for transit across said isthmus, and for shipment from either of the said ports of deposit to any foreign port, free of all tonnage or other duties what- | ever, and for sale and consumption within tne territory of the Mexican republic, on the payment of such duties or imposts as the Mexican government may be pleased to enact. Art. 5.—The Mexican republic agrees that, should it ‘become necessary at any time to employ military force or the security and protection of persons and property passing over these routes, or any of them, it will employ the requisite force for that purpose; but upon failure to do this, for any cause whatever, the government of the United States ‘may, in its own discretion, employ such force for this and for no other purpose, and when the no- ceasity ceases such force shall be immediately withirawn, Art. 6.—The Mexican republic and the United States discharged, unless on such examination he shal! be found to have been guilty of some offence against existing laws, in which case he shall be dealt with and tried in conformi- ty with the exieting laws of that country where the said offence was committed. TREATY OF TRANSITS AND COMMERCE BETWEEN THE UNITED STATES OF AMERICA AND THE MEXICAN REPUBLIC, DATED AT VERA CRUZ, DEC. 14, 1869, Whereas, the ratifications of the treaty of amity, com- merce and navigation wore exchanged between the United States of America and the united Mexican States, on the 5th of April, 1831; and, whereas, the ratifications of a treaty for Iteration of boundary and the regu. lation of a transit or right of way across the Isthmus of ‘Tehuantepec were exchanged between the same two re- publics on the 30th of June, 1854; and, whereas, it is dcemed expedieut to amplify and extend some of the sti- pulations of the aforesaid treaties, and thus render more firm and inviolable the true and sincere friendship now existing between the United States and Mexico :— Wherefore, the following stipulations have been agreed upon by meaus of @ treaty of tranbits and commerce :— For which important object the President of the United States of America has appointed Robert M. McLane, a citi- ven of the United States, and Buvoy Extraordinary and Minister Pien‘potentiary of the United States of America, near the Mexican government, with full powers; and the President of the Mexican republic, in the exercise of the executive power, having ooaferred like full powers on the citizen Melchor Ocampo, Secretary of State and Foreiga Affaira; and the aforesaid Pienipoientiaries, after haviug That which I now offer embodies in part the proposi- | compared and exchanged in due form their respective powers es aforesaid, have agreed upon the following articles :— Article 1.—As an amplification of the eighth article ofthe treaty of the 30th of December, 1853, the Mexican repub- lic cedes to the United States and its citizens and proper- ty, in perpetuity, the right of way, by the Isthmus of Te- Luantepec, from'one ocean to the . by any kind of road bow existing, or that may hereafter exist, both re- publics aud their citizens enjoying it. Art. 2.—Both republics agree to protect all routes now existing, or that shall hereafter exist, over the said isth. mus, and to guarantee the neutrality of the same. ‘Art, 3.—Simultaneous with the first Lona fide use of any route across the said isthmus for purposes of actual transit, the republic of Mexico shall establish two ports of deposit—the one on the east, the other on the west of the isthmus. No duty shall be levied by the government of Mexico upon foreign effecta and merchandise which may pase lona fide by the said isthmus, and which may not be intended for the consumption of the Mexican republic. ‘No incumbrance or tolls shall be imposed upon foreign persons and property which may pags by this road, be- yood those that may be impoeed upon the persons aud property of Mexicans. The republic of Mexico will con- tinue to allow the free and untrammeled transit of the Toails of the United States, provided they passin closed mail bags, and they be not for distribution on the road. Upon such mails none of the charges imposed, nor of those which may hereafter be imposed, shail be applied in any case. Art. 4 —The Mexican republic agrees that it will establieh for each of the two ports of deposit—the one on the east, the other on the west of the Isthm ulations that will permit the effects and merchandise belonging to citi- zens or subjects of the United States or of any foreign country to be entered and stored in warchouses, which shall be erected for that purpose, free of all tonn-ge or other duties whatever, except the necessary chirges for and which said effects and merchandise may be subsequently withdrawn for transit across the said Isthmus, and tor shipment from either of the eaid ports of deposit to any foreign port, free of all tonnage or otzer duties whatever; and they may likewise be withdrawn from the said warehouses for sale and consumption, with- in the territory of the Mexican republic, on the payment of such duties or imposts as the said Mexican government may be pleased to enact. Art. 6.—The republic of Mexico agrees that should it ‘become necessary at any time to employ military forces for the security and protection of persons and property passing over any of routes aforesnid, it will employ ‘the requisite force for that purpose: but’ upon failure to do this, from any cause whatever, the government of the United States may, with the consent or at the request of = (ration peed pe or of the ete f ‘ashington, or competent legally ap; pea authorities, civil or military, employ such force for this and for no other purpose; and when, in the opinion of the pape, Mexico, the necessity ceases, such force ali be immediately withdrawn. In the exceptional case, however, of unforeseen or imminent danger to the lives or property of citizens of the United States, the forces of said republic are authorized to act for their protection without such consent having been previously obtained: ‘and such forces shall be withdrawn when the necessity for this employment coases. Art. 6—The Mexican republic grants to the United States the simple transit of its troops, military stores and munitions of war by the Isthmus of Tehuantepec, and by the transit or route of communication referred to in this convention, from the city of Guaymas, on the Gulf of Cali- fornia, to the Rancho do Nogales, or some suitable point on the boundary line between the republic of Mexico and the United States pear the one hundred and eleventh de- gree west longitude from Greenwich, immediate notice thereof being given to the local authorities of the republic of Mexico. And the two republics agree, likewise, that it shall be an express stipulation with the companies or enterprises to whom hereafter the carriage or transporta- tion is granted, by any railroads or other means ot com- munication, on the aforesaid transits, that the price for conveying the troops, military stores and munitions of war of the two republics shall be, at most, one-half the ordinary fare paid by the passengers or merchandise which may pass over the said transits; it being under- stood that if the grantees of privileges already granted,or which hereafter may be granted, upon railroads or other means of conveyance over said transits, refuse to receive for one balf the price of conveyance the troops, arms, military stores, and munitions of the United States, the Jatter government will not impart to them the protection spoken of in articles second and fifth, nor any other pro. tection. Art, 7.—The Mexican republic hereby codes to the United States in perpetuity, and to their citizens and pro. perty, the right of way or transit acroes the territory of the republic of Mexico, from the cities of Camargo and Matamoras, or any suitable point on the Rio Grande, in the State of Tamaulipas, via Monterey, to the port of Mazatlan, at the entrance of the Gulf of California, in the State of Sinaloa, and from the Rancho de Nogales, or any suitable point on the boundary line between the republic of Mexico and the United States, near the one hundred and cleventh degree west longitude from Greenwich, via Magdalena and Hermosillo, to the city of Guaymas, on the Guif of California, in the State of Sonora, over any railroad or route of comrounication, natural or artificial, which may now or hereafter exist or be constructed, to be used and enjoyed in the sume manner and upon equal terms by both republics and their respective citizens, the Mexican republic reserving always for itself the right of sovereignty which it now hasupon all the transits spoken of in the present treaty. All the stipulations and regula- tions of every kind applicable to the right of way or tramsit across the Isthmus of Tehuantepec, that are or have been agreed upon between the two republics, are mutually agree that the charges or tolls imposed by any railroad or other route of communication for tho convey- ance over ft of Mexican troops, military stores and mu- | nitions of war, or troops, military stores and munitions of war of the United States passing in transit backwards and forwards between their Atlantic and Pacific posses- sions, shall not in any case exceed one-half the usual charges or tolls imposed upon passengers or merchandise over such route. Art. 7.—No company now in existence or which may hereafter be established for the construction of a railroad, or any other route of communication across the Isthmus of Tehuantepec, shall ever divide more than at the rate ge Mexican government | of fifteen per cent per annum to its stockholders from No. 8.—Tho government of the United States approves | tolls collected upon the same; and whenever the rate of of he nerd pee submitted by Mr. McLane to tolls shall be found to exceed this amount they shall be the Minister of Foreign Relations, that provision should | reduced to the standard of fifteen per cent per annum. be made for the cession of the Territory of Lower Califor. | Art. 8.—The Mexican republic hereby cedes to the mia to the United States for a tixed pecuniary considera- pooh wpe ed tage, inna of eager tion, and it is considered desirable that the whole subject perty, the right of way or transit across the territory of should be embraced in one treaty rather than ina sepa- | the republic of Mexico, from the town of Co: * fi 5 3 supplemental article, as preferred by | ¥: is the purchase for satisfaction, in biennale Nic neg once agains | to be distribated in Mg nine Babee act o PROJET, FOR A TREATY OF OFFENSIVE AND px- FENSIVE ALLIANCE BETWEEN MEXICO AND THK UNITED STATES. In the name of the people of the United States of Ameri- oa and of that of the Mexican repubke.— Rancho de Nogales or some suitable bt between the repubiic Mexico and ni ited States, near the 111th degree of west de from Greenwich, to the town of Guaymas, on the Gulf of California, in the State of Sonora, over any railroad or Sood asd route of communication, natural or artificial, Mexican republic, the city of Mexico, 30th December, 1853, from its junction of the Gila and Coiorado rivers, and thence down the miadle of the sa:! river Colorado until it empties inte he Guif of California, and tence dewm the mifgdlo of tho pork Reser and applied agg em tg heey or Tights of way, excepting the right of passing y military stores and munitions of war, from tho Ris Grande to the Gulf of California. Art. 8.—The two republics likewise that, from the list of merchandise annexed, the Congress of the United States shall select thore which, being the natural, industrial or manufactured product of cither of the two pi Seger tay be admitted fer sale and in jer of the two Kear breed conditions of a reciprocity, whether they be considered free of d ‘a rate of duty to be fixed by the Congress of the United States—it being the intention of the Mexican republic to admit the im question at the lowest rate of duty, and even free, if the grees of the United States con- sents thereto. Their introduction from the one to the other republic shail be made at the points which the gov- ernments of both republics may fix upon, at the limits or boundaries thereof ceded and granted for the transits, and in uity , by this Convention, cither across the Isthmus juantepec or from the Gulf of California, to the inte- rior frontier between Mexico and the United Staves. If any similar privileges should be granted by Mexico to other nations at the termini of the aforesaid transits ‘upon the Gulfs of Mexico and California, and upon the Pacific Ovean, it shall See the same conditions and stipulations iprocity w' are imposed w the United States by the terms of this Convention. gr LUST OF MERCHANDINR ANNEXED TO ARTIOLE 8, Animais of all kinds. Ploughs and loose iron bars. Poultry and fresh an ogee. Quicksilver. Stone coal. Fresh, salted and smoked meats. Wood and iron houses. Raw hides. Horns. Chile or red pepper. Drawings — models of large machinery, buiidings, monuments and boats. Boata of all sizes and classes, for the navigation of the rivers on the frontier. * Broom: and material for their manufacture. Bridie bits Fresh, dried and sugared fruits. Hops Type, apeces. plates for printing o¢ engraving, rules, vignettce and printing ink hn adi Clases bound ta paper (pamphlet and nacticnl maps aad topographical Marble, wrought and unwrought. Machi for fi , ein ines and implem: pent rming - ing, for the developement of the arts thee stares, eluber loose or for their repair. Se eetnasens A an 5 Plants, trees and shrubbery oneal Riding saddles. Palm-| bate. Famer of Paris (gypaum). Undressed sheepskins. SEA AC Ae Kins, Aad from \whhiclt bread ts mace, Wool. ment of the United States agrees to pay tothe government of Mexioo the eum of $4,( peace which two millions shall id immediately upon the exchange of the ratifications of this treaty, agd the remaining two millions shall be ro- tained by the government of the United States for the pay- ment of the claims of citizens of the United States against tho government of the republic of Mexico, for injuries already inilicted, and which may be proven to be just, ac- cording to the laws and ren nations and the principles of equity; and the same be paid pro rata, as far as the said sum of two millions will permit, in pursuance of a law to be enacted by the Congress of the United States for the adjudication thereof, and the remainder of this sum shall be returned to Mexico by the United States, in case there be any such remainder after the payment’ of the claims thus found to be just. Art. 11.—This treaty shall be ratified by the President of the United States, by and with the advice | a consent of the Senate of the United States, and by the President of Mexico, im virtue of his extraordinary and actual execu- tive functions, and the respective ratifications shal! be ex- changed at the city of Washington, within the exact pe- riod of six months from the date of its signature, or sooner if possible, or at the seat of the constitutional government, if any alterations or amendments be proposed by the President and Senate of the United States, and accepted by the President of the republic of Mexico. In testimony whereof, we, the plepipotentiaries of the contracting parties, have hereunto aflixed our hands and seals, at Vera Cruz, the 14th day of December, in the year of our Lord one thousand cight hundred auc fifty- nive, in the thirty-ninth year of the independence of the Mexican republic, and the eighty-fourth of that of the United States. ROBERT M. McLANE. [t. .] M. OCAMPO. (8) CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE MEXICAN REPUBLIC TO EN- FORCE TREATY STIPULATIONS, AND TO MAINTAIN ORDER AND SECURITY IN THE TERRITORIES OF THE REPUBLICS OF MEXICO AND THK UNITED STATES, DATED AT VERA CRUZ, DECEMBER 14, 1859. Whereas, in consequence of the existing civil war in Mexico, und particularly in view of the disturbed condi- tion of the inland frontier of Mexico and the United States, occasions may arise when the forces of the two republics may find it necesgary to act in concert and co-operation to enforce treaty sti and to maintain order and se- curity in the territory of either republic; wherefore the following convention has been upon:— Article 1.—If any of the stipul of existing treaties bewween Mexico and the United States are violated, or the safety and security of the citizens of either republic are endangered within the territory of the other, and the legitimate and acknowledged government thereof may be unable, from any cauee, to enforee such stipulations or to provide for such safety and security, it shall be obliga- tory on that government to seek the aid of the other in maintaining their due execution, as well as order and security in the territory of that republic, where such vio- lation and discord occur; and in nike? Rip special case the expenses ahball be paid by treasury of the nation within whose territory such intervention may become necessary; and if disorder shall oc- cur on the frentier of the two republics, the au- thorities of the two republics nearest to the place where the disorder exists: sha!l act in concert and 00-ope- ration for the arrest and punishment of the crimmals who have disturbed the public order and security of either re. public, and for this purpose the parties guilty of these offences may be arrested within either republic and de- livered over to the authorities of that republic wit which the crime may have been committed; the nature ‘and character of such intervention, as weil as the expense thereof, and the manner of arresting and subjecting to punishment the said criminals, shall be determined and regulated by an agreement between the executive branches of the two Rico its. Art. 2.—This Convention shall be ratified by the Presi- dent of the United States, by and with the advice and con- sent of the Senate of the United States, and by the Presi- dent of Mexico, in virtue of his extraordinary and actual executive functions, and the respective ratifications shall be exchanged at the tiaries of parties, have hereunto aflixed our hands and seals, at Vera Cruz, the 14th day of December, in the year of our Lord one thousand eight hundred and ~ nine, in the thirty-ninth year of the independence of Mexican republic and the «ag of that of the United States. RO) M. McLANE. [t. 8. M. OCAMPO. [t. 8. ME. M'LANE TO GENERAL CASS. ‘Usrrep Statss Lecation, Vera Cruz, Dec. 14, 1859. Smr—I have the satisfaction to forward herewith a treaty concluded with eee Mexico, by which it will be perceived t my negotiation for transits and rights of way across the Isthmus of Tehuantepec, and from the Rio Grande and Arizona to the Gulf of California, is succeasfully closed, and that this government consents to all the stipulations deemed important by the President to insure the safety of the same. Ihave also concluded, and forward herewith, a con- vention with the government of Mexico to enforce treaty stipulations and to maintain order in the territory of the republics of Mexico and the United States, by which it will be perccived that while the independence of Mexico isin no degree compromised, the United States acquires the right to intervene in support of its own treaty rights and the security of its own citizens when- ever Mexico may be unable to guarantee the same, with- out incurring the obligation or necessity of a general inter. vention in the domestic affairs of that country. ‘The treaty of transits and commerce is based upon the refolutions or project of Mr. Ocampo, submitted to me with hia letter of the 9th of July, 1859, @ copy of which Was transmitted to you as exhibit A, of my despatch No. 23. The articles of this project have been modified in pursuance of your instructions communicated in your No. 10, which modifications were refused by Mr. Fuente in his note of angus 30, a copy of which was transmitted to you as exhibit A of my despatch No. 33; and again on the 24tb of November, in a personal conference with me, after which he retirea from the government, President Juarez having decided that it was bis duty to conclude the negouation on the basis of your instructions already nod. Mr. Ocampo then having resumed the port of Minister of Foreign Affairs, I held sevo- ral conferences with him, in which I advised him that I no desire to press the views of my government further, and that I should not rosume the negotiation unites the views of the President in rela- tion to the protection of the transits were promptly and fully conceded. In reply to which he informed me that he had received instructions to accept the Pp PI safety of the transits, should be adopted as asatisfactory solution of the q T accepted this concession, and proceded with the exam- ination of the other articles of his project, ail of which ‘were modified to meet the views of the government of the United States, except in relation to the limitation proposed by me on the dividends that might be made by compa- nes the privileges of transit. In the exercise of “the discretion confided to me, I did not press this proposition, as Mr. Ocampo manifested un- usual sensibility in reference to it and per- sisted in his _— that such a limitation ought not to be ent upon companies that invested capital in Mexico, where the value of money was so much oo a in the United States or in Europe; but I it expedient to extend and en! the demand I bad made concerning the commercial yea to be en- i g § E i é | i or in virtue of treaty stipulations, required such inter- vention, as also to and defend the lives and pro- erty of citizens of the Unitad States within the territory Keeping this principle in view, and pursuing the spirit of your instructions on this point, I have leavored to come to such an understanding with the constitutional government as would permit such an iotervention with the least possible disturbance of the friendly relations that ought to be maintained between the two reputiiics, and without any real departure from the policy of the United States in this connection. It bas been with much difficulty that I induced the constitutional government to recogoise its obligation to seek théeid of the government ef the United States when it was unable to perform with effect its proper functions ‘a8 & government; and it was only when I represented that, sooner or later, the United States would act without reference, to it or aby other government or authority, in defence of its treaty rights and to protect its citizens, that Iwas able to come to any conclusion satisfactory to my- self on this point. ‘The principle of mutuality or reciprocity that prevails in the convention ] have concluded, and now submit for the consideration of the President, seems due to the self- respect of the government of Mexico, and was justified practically by recent events on the Rio Grande frontier; and | adopted it willingly, and with confidence that it gave greater strength to the convention than if I had only con- templated the contingency that the weakness of the Mexi- can government rendered such intervention necessary. Tam aware that! have acted very much on my own discretion and responsibility in concluding this conven- tion, though I have endeavored to follow the spirit of your instructions; aud 1 am persuaded that it the govern- ment of the United Siates dectines the responsibility im- posed upon it by the adoption and ratification of this convention, further’ aparchy will prevail in * Mexico, until it will be terminated by direct intervention from some other quarter in the federal politics of Mexico, or by an intervention by our own, caused by some sudden and unforeseen provocation that will expose us to the re- sponsibilities of a general war,and a conquest that few would desire to undertake or consummate. I beg to call your attention to my despatch No. 5, in connection with the value of the transit from Guaymas to Arizona, and to my despatches Nos. 8, 10,17 and 22 in reference to the Tacubaya assassinations, and the demand addressed to the Miramon government for redress, and also to my No. 64, referring to the assassination of Ormond Chase; and in this connection 1 invite your particular at- tention to the necessity of adopting some measure in con- cert with the constitutional government, or independent thereof , te enforee these demands. All the facts Ct. ed with these transactions urge strongly adoption the convention herewith transmitted. ROBERT M. McLANE. Hon. Lewis Cass, Secretary of State, Washington City. Important from Chihuahua. DESPERATE FIGHT—ONE HUNDRED KILLED—DEPLO- RABLE CONDITION OF AFFAIRS. [From the New Orleans Deita, Feb. 25 ] The bei tee | letter, which we find in the San Antonio Ledger of the 16th instant, received by this morning’s steamer, gives the particulars of the late desperate en- gagement in Chihuahua—previously mentioned by tele- graph—and aleo depicts the condition of affairs in that unhappy country. After the battle, the authorities of the » in conjunction with the Americans, had sent to Fort Davis for the United States troops. Receiving no re- lief, the Americans left the city, leaving a million of dol- lars worth of property to the mercy of the robbers. Cozen, at the head of one thousand men, was marching on the capital. The liberals wero friendly to the Ameri. cans, but were unable to afford protection. The following is the letter: — Presni0 DEL Norrs, Feb. 2, 1860. Chibuahua is now being overrun by a band of outlaws, numbering some tive hundred men, hgaded by a S| named Domingo Cajen, and officered by two of the most notorious thieves of the lower country, Pajaro Azul and Enterrinio Serrato. These men are worse fin their bloody deeds and despe- rate character than the dreaded Cortina and his band. Cajen claims to be an arm of the conservative army and commits deeds of horror under the holy namo of religion. In several of the pueblas through which they passed they robbed everything they could find, and then violated the women. Upon the near approach of the robber band to Parral, & mining town south of Chihuahus some 180 miles, the Mayor collected a force of 300 men, who marched out and met Cajen at the Haciendo of Falamantez, A en, it took place, which resulted in the defeat ot the ‘al troops, and a logs of over one hundred men. one-third the number. All of these men, however, fell not during the action, but were most bar! butchered after having yielded themselves prisoners. ‘The dead and wounded soldiers of Parral that fell fight- ing on the field were immediately stripped of every arti- cle of their clothing, and left to be buried and cared for by the surrounding neighbors. Cajen’s men have only, in addition, to scalp their fallen foes, to be more savage ne brutal than Indians, who claim not to be civi- After the battle of Falamantez, Cajen marched in and took ion of Parral, without a shot, although at the time of the battle a reserve had nm left in Parral of some 300 men, who, however, fled upon the receipt of the news of the loss of the battle. These men, Cajen and party, are now in Parral, their numbers daily augmenting by the discontents and thieves that are ever ready to join any expedition that promises Pillage. The authorities of Chihuahua are making every Preparation in their power to resist the entry of this desperate outlaw into the ie but I dread the result. The city is entirely deserted, the stores are all closed, and business entirely s1 mded ; all the foreigners and Mexicans that could have left the city—some to this point and others to Ei Paso, so as to be able to cross the river into Texas at a moment's warning. The merchants brought all their merchandise out here for which they could find conveyances. They were foreed, however, to leave some behind. Previous to Cajen’s arrival at Folamentez, as the report of his evil deeds had gone before him,’ Dr. Charles McManus, of Parral, wrote to Chihuahua stating the depre- dations that had been committed, and asking some as- sistance of the Governor to defend the city, or if that could not be rendered, to inform the commanders of the milita- ry posts on the line of their situation; for having written which letter Cajen, upon his entry into Parral,made Mr. McManus pay a tine of $500. What will be the result of this we cannot imagine. Chihuahua once taken by Cajen, then those who have lft (which includes all the merchants, foreign and natives), will not be allowed to return—in fact, cannot return—an. leas accompanied by United States troops. What is the meaning of all these treaties made by our government? ‘What is the use of a treaty if not enforcea? Our govern- ment seems to lack either the power or the inclination to protect her citizens in this country. Congress should act immediately on the President’s suggestion to allow him to or this State and Sonora by mulitary poats §2Then ho should act immediately; until this 1s done there will be no peace or security in this State. Stave Lire Prererrep sy Negross—Tae Ros- Seal County Cask. —A few cays ago, says the Montgomery (Ala.) Mai, Ben. H. Baker, Faq., visited the city, and caused to be introduced a bill'in the Legislature, by which twelve free negroes are allowed to become slaves. The Dill passed bot Houses and was signed by the Governor, the speedy transaction of the affair being caused mainly by the entire confidence which members of both Heuses (ia which he bas frequently served hitherto) have in the per- sonal integrity of Mr. Baker. The facts are briefly these: ‘The negroes, men, women and children, have been reared by Mr. Young Edwards, of Russell county, and bave al- ways lived with him, as formed these some one in- ter, and were perfectly to remain as his slaves, and in fact rred it. Mr. the ex- plained to them their rights fully; andthe up- shot was they induced him tocome and lay their: before on the Octereon. CiavaLann, Fob. 29, 1860. ‘The United States District Court this morning granted an injunction to Mise Kimberty against the theatre here, restraining it from plaging the Octoreoa. ip Ke iF¥zills 8 he addressed the jury. ‘The first witness for the defence was Wm. ‘son of the prisoner. He appeared to be and x pounded to him with cles’oeas” He Mrs. Allison borrowed a hatchet from him; it was twelve or fourteen inches long, and was quite blunt; after Allison Was brought to the station house, the witness went into the house of the prisoner and saw the little children sleep- ing, and also perceived that the doors were broken; ne (the witness) then proceeded to Ryan’s house and had an interview with the daughter of the deceased in-reference: to the affair. Connor was going on to relate what said, but was interrupted by the District Attorney objected to the evidence, as’ being improper and inasmuch as the prosecution had no means of contr: ing the evidence adduced by the defence. The objection was sustained. Officer Acker was the next witness, who said arriving at the scene of the ly, the crowd toi that Allison’s family had been Killed; soner and brought to turned to search his home; were no marks of blood uj looked as if it was taken other as if it were with blood. He ei marc arm, ao ee the yrabam ‘a who was @ carpenter, he knew the prisoner't be'a Cu trade was of a stair builder, after, the alleged homicide, he was emp! rs. at 174 Twenty-second strect, ived; the door was broken to pieces, and pelied to make a new one. The last witness 4 son, who said he was connected with a society the amelioration of the condition of the poor, and Mrs. Ryan, the widow of the decessed, having called for as- sistance, he visited her, and in the course of a conversa- ee that she did not know how her husband was E ‘The case was summed up and given to the jury, who, af- tera brief absence, returned with a verdict of ‘Not guil- ty.’ The scene that occurred on the rendition of the ver- dict was very affecting. The wife of Allison, who occupied a Seat at the door of the court room, did not hear the ver- dict when it was pronounced, and the mingled feelings of anxiety and joy ich were visible upon her coun- tenance when a female friend of who was sitting her side‘assured her of the happy result, was a fit subject “Yor the genius of a Raphael. Allison immediatel: his wife and family, who gave Ss in a manner truly affecting. Sel such a spectacle, and those who shared in fast Deen declared gullies under just been dec! guilt of the mt of a fellow be- ing, will remember the scone ag long as “memory helds Late m the afternoon a young man, named John Fialey, & young man ‘was tried on a charge of felonious assault,‘said to have bem committed by him upon John Brannan, at the house of the brother of the defendant, 415 Madison street, om the aig3t of the 24th of November. It saeeeree from the testi- mony of the complainant that on above night intelli- gence reached him that his nephew was being killed at Finlay’s house, and on its reception he tely re- Femi thither, accompanied by other members of his family. Bie ken oe peenes se, Jebn Branuaa clinch. ed, and during the he was stabbed in six different Setaoer, Mr. Finlay, ld = yee <a ri . 3 elder, gave a version of the affair when he’ was examined by the Coroner, he bay then stated that he did not know who stabi him; but this was explained by the tended him. The doctor swore that such an exhausted condition that he battered exercise. The defence i B aE e534 E jisee reteis ite ey sift z i li t a8 E 7 » and that, too, by a cloud of witnesses. Their version of the matter was Mr. invited a pumher of his friends of Lear i aoa tora ng, ; repaired to Tesment forthe trl coke the light fan- toe, and wi they were enjoying themselves Fia- fone © = icgeaia Fons the host exerted ey bet the compan to 1g 80, but as iy were preparing young Finlay, who ‘been an invited paset, boon! violent and could not Sy eer and as friends arrived he told to pitch in, a which they prom) complied. The elder 80n used their clubs indiscriminately, and, in was a regular Donnybrook fair row. The evidence complainant having been contradicted in material the jury acquitted Finlay, who was immediately rounded by a host of his friends, almost sufficient im number to people one of the Western Territories. Cropsey, who was convicted on Tuesaday of stealing a piano, was sentenced to imprisonment in the State prisem for two years and one month. UL eittet Py United States Circuit Court. Before Hon. Judge Betts. Maxcu 2.—The March term of this Court was opened to-day, when a Grand Jury of gentlemen, principally from the county of Kings, was sworn in—Henry Rowland, Eaq., foreman. Judge Betts addressed them oa the usual topics, and explained to them the law which governs the various criminal cases that may be brought before them. As to the slave trade the, Judge said that the object of voyage to the coast of Africa must be judged by the which the vessel carried, and if they should be of 0; that a trading vessel carried articles not necessary lawful trade on the coast of Africa, it would be their dui to find a dill of indictment. The Judge then informed the Grand Jury that Judge Smalley, of Vermont, would pre- side in the Circuit Court on Tuesday next, and receive from them any bills of indictment that they may be ready to present. Al Supreme Court—Circuit. Before Hon. Judge James. 4 SMALL SLANDER SUIT. MARCH 2.— William H. Dunham vs. Henry Hayet.—Thie is an action for slander, and damages are laid at $3,060. — wo 4, ‘ on The defendant is a professor of heraldry, and keeps org Ne next of kin office. ‘The defendant advertised for the heire bv" England, for the of forming a committec to p1 to . The among others, was appointed on such committee. Sabsp- hb M the a ition of fraud on some paragrap! Ferner tated entaen i ester money for the re- covery of the Mosier estate in Engiand. defendant charged the plaintiff with being the person, 3 Saug! st of Alabama om the | ents The fisase \imously concurred in b Cs did not far enough. to the resolutions of South Carolina fa 2 conferonoe of the Southern States, and they authorize kad fl See i : | i i i 2 i é 4 | Lt | i | i ef ie TI ole Hi H g E li Mi iH f el Fis : 1 i i z ii terfeit half and quarter doilars. ; see. MP.