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Lower Sandusky freeman. (Lower Sandusky [i.e. Fremont, Ohio]) 1849-1849, February 24, 1849, Image 2

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THE PROTOCOL. -
' MESSAGE OF THE PRESIDENT.
Sent to Vit How of ReprttttUalivet Ftbrttary 8."
To the Hons of fteprtteiitativtt ofth U. S.X
In reply to the resolutions of the House of Rep
. resentatives of the 5th inst, I communicate here
with a report from the secretary of state," accom
panied with all the documents, and correspondence
relating to the treaty of peace concluded between
the United States and Mexico, at Guadalupe Hi
dalgo, oa the 2d of February, 1848, and to the
amendments of the Senate thereto as-requested
vj iwuao III UH3 WMU imAUMUllOt'
&. A . 1 J ... , .will ttA fnnnA
copy of the instructions given to the commissioo
ers of he United Stales who took to Mexico the
treaty as amended by the Senate and ratified by
the President of the United States. In my Mes
sage to the House of Representatives, of the 29th
of July, 1848, 1 gave as my reason for declining to
furnish these instructions in compliance . with a
resolution of the House, that "in my opinion it
would be inconsistent with the public interests to
give publicity to them at the present time.' Al
though it may atQi. be doubted, whether giving
Xaera publicity in our own country, and, as a nec
essary consequence,, in Mexico, may not. have a
prejudicial influence upon our public interests, yet,
as they have again been called for by the House,
to the correct understanding of which they are
indispensable, I have deemed it my duty to trans
mit them. - . -
I still entertain the, opinion, expressed in the
message referred, to, "that, as a general rule, ap
plicable to all our important negotiations with for
eign powers, it could not fail to be prejudicial to the
public interest to publish the instructions' to our
Ministers, until some time had. elapsed after . the
i : - r i i" wt
cunciusiou wi bucb negouauoas. -.
In these instructions of the 18th of March, 1848,
it will be perceived "that the task was assigned to
the commissioner of the United States of consum
mating the treaty of peace, which was signed at
Gaudalupe Hidalgo, on the second day of r ebruary
last, between the United States and the Mexican
Republic; and which on the 10th of March last;
was ratified by the Senate with amendments." '
. They were informed "that this brief statement
tul indicate to jrou clearly tha line ot your duty.
. You are not sent to Mexico for the purpose of ne
gotiating any new treaty, or of changing in any
particular the ratified treaty which you will bear
. with you.. r one of the amendments adopted by
the Senate can be rejected or modified, except by
the authority of our body. - Your 'whole duty will,
then consist in using-every honorable effort to ob
tain from the Mexican government a ratification of
the treaty m the form in which it has been ratified
by the Senate and this with the least practica
ble delay." : "For this purpose, and most probably
will, become necessary that you should explain to
the Mexican minister.for foreign .affairs, or to the
authorized agents of the Mexican government, the
reasons whjch nave influenced the Senate in
adopting these several amendments to the treaty.
This duty you will perform, astnuch as possible, by
personal conferences. Diplomatic notes are to be
avoided, Unless in case of necessity. These might
-lead to endless discussions and indefinite delay.
Beside, they could not nave any prrcucal result, as
your' mission is confined to procuring a ratification
from the Mexican government of the treaty as it
came from the Senate, and does not extend to
jhe slightest modification in any of i' provisions.
1 The Commissioners were sent to Mexico to pro
cure the ratification of the ' treaty as amended by
the Senate. Their instructions confined them to
this point It was proper that the amendments to
the treaty adopted oy the United States should be
explained to the Mexican Government, and expla
nations were made by the secretary of state, in his
letter of the 18th of March, 1848, to the Mexican
. . rr: : r l j: fri.:
nunuster w lureuni auiurs, uincr my uuwiMk x uu
message of the' 6th of July last, communicating the
treaty of peace, and published by their order.
- ThU dispatch was transmitted by our commission
. era from the City of Mexico to the Mexican govern
ment, then at Queretaro, on the J7th of April, 1848,
and its receipt acknowledged on the 19th of the
. treaty, as amended, was "before the Congress of
flaiUU U1VMIL1I.' AU1141l. tHC It UVMV HIUB ViJtl im
Mexico, these explanations of the secretary of
state, and these alone, were betore them.
The President of Mexico, on these explanations,
. on the Sth day of May, 18 4 8, submitted the amend
ed treaty to the Mexican Congress, and on the 25th
of May that Congress approved the treaty as
amended witliout .modification or alteratioa- The
final action of the Mexican. Congress had taken
place before the commissioners of the United
.... i ....;...i u t :
; authorities, or held any conference with them, or
WIJT UbllV bUUlliiUUJVAUUII Itll DUUJCUb VI LUC
treaty exeept to transqit the letter of the secretary
ot state. . . " l ,' :: ' '
r In their dispatch transmitted to Congress with
toy message of the 6th of July last, communicating
the treaty of peace, dated "City of Queretaro, May
25. 1843, 9 o'clock P. M." the commissioners say:
"We have the satisfaction to inform you that we
reached this city this afternoon at about 5 o'clock,
and that' the treaty as amended by the Senate of
the United states,-passed toe Mexican senate
about the hour of our arrival, by a vote of 33 to 5,
It having previously passed the house of Deputies,
nowmg now remains obi to exenange toe raunca
tions of the Treaty.
On the next day, (the 28th May,) the commission
ers were for the first time presented to the Presi
dent of the Kepublic and their credentials placed
itt his hands. - On this occasion the commissioners
delivered an address to the President of Mexico?
and he replied. In their despatch of the 30th of
May, the commissioners say : , "We enclose a copy
,nf our address to the President and also a copy of
Ms reply. ; Several conferences afterwards took
place between Messrs.. Rosa, Cuexas, Con to, and
ourselves, which it is not thought necessary to re-
capitulate, as we enclose a copy of the protocol
which contains the substance of the conversations.
.We. have now the satisfaction to announce that the
exchange of ratifications was affected to-day." This
dispatch was communicated with my message
the 6th of July last, and published by order of
- Congress..- " :
Tie treatv. as amended bv the Senate of the U.
States, with the "accompanying papers, and the ev
idence that in that form it had been ratified by
Mexico, waa received at Washington on the 4th
dny of July, 1848, and immediately proclaimed as
the suprrme lav of the land. On the 6th of July
I communicated to Congress the ratified treaty,
' with such accompanying documents as were deem
ed material to a full understanding of the subject, to
'.tha end.that Congress might adopt the legislation
. necessary and proper to carry (he treaty into effect
Neither the address of the commissioners, nor the
reply of the President of Mexico on the occasion of
" their presentation, nor tne znemomnuum oi con
versations embraced in the paper called a protocol,
nor the correspondence now sent were communica
ted, because tney were not regarded as in any way
material ; and in thiB I conformed to the practice
of our government It rarely, u ever happens that
all the correspondence, and especially the instruc
tions to our ministers, is communicated. . Copies of
these papers are Dow transmitted, as being within
the resolutions of the House calling for all such
"correspondence as appertains to said treaty."
When these papers were received at Washing
ton, peace had been restored, the first instalment of
three millions paid to Mexico, the blockades were
raised, the city of Mexico evacuated, and our troops
on their return borne. The war was at an end,
and the treaty, as ratified by the U. States, was
binding on both parties, and already executed in a
great degree. - In this condition of things it was
not competent for the Preetdent alone, or for the
President and Senate, or for the President Senate
and House of Representatives combined to abro
gate the treaty, to annul the peace, and restore a
state of war, except by a solemn declaration of
war. " v ' ' . j'v .- . '.
Had the protocol varied the treaty as amended
by the Senate of the United States, it would have
had no binding ettect .
It was obvious that the commissioners of the U.
States did not regard the protocol as in any degree
a part of the treaty, nor as modifying or altering
the treaty as amended bythe Senate. They com
municated it as the substance of conversations held
after the Mexican Congress had ratified the treaty
and thev knew that the approval of the Mexican
Congress was as essential to the validity of a treaty
in all its parts as the advice and consent of the Sen
ate of the United Statea They knew, too, that
they had no authority w alter or modify the treaty
in the form in which it had been ratified by fhe
United Suites, but that if failing to procure the rat
ification of the Mexican government, otherwise than
with amendments, their duty by express instruc
tions was to ask of Mexico to send without delay a
commissioner to Washington to exchange ratifica
tions here, if the'amendments of the treaty propos
ed by Mexico, on being submitted, should be
adopted by the Senate of the United Statea
I waa eaually well satisfied that the government
of Mexico had agreed to the treaty as amended by
the Senate of the United States, and did not re
gard the protocol as modifying, enlarging or dirain-
laulljg ua terms wcuwu
The President of that Republic, in submitting
the amended treaty to the Mexican Congress, in his
the 8th of Mav. 1848. said: "If the
treaty could have been submitted to your delibera
tion precisely as it came from the hands of the plen-
satisfaction at seeing the war
at last brought to an end would not have been les
sened, as it this day is, in consequence of the mod
ifications introduced into it by the senate of the U.
States, and which have received the sanction of the
President" At present it is sufficient tor us to say
to you, that if in the opinion of the government jus
tice had not been evinced on ths part of the senate
and covernment of the United States, in inlroduc-
ine- 'such modifications, it is presumed, on the oth
er hand, that they are not of such importance that
they should set aside the treaty. 1 beueve on tne
contrary, that it ought to be ratified upon the same
terms in which it has already received the sanction
of the American government My opinion is also
greatly strengthened by the fact that a new nego
tiation is neither expected nor considered possible ;
much less could another be brought forward upon
a basis more favorable for the Republic." :
The deliberations of the Mexican Congress, with
no explanation before that body from the United
States except the letter of the secretaay of state,
resulted in the ratification of the treaty as recom
mended by the President of that Republic, in the
form ill which it bad been amended ana raunea Dy
the United Statea The conversations embodied in
the paper called a protocol took place after the ac
tion of the Mexidan Congress "was complete; and
there is no reason to suppose that the government
of Mexico ever submitted the protocol to Uongress,
or ever treated it or regarded it as in any sense a
new negotiation, or as operating any modification
or chanee of the amended treaty. If such had
been its effect, it was a nullity until approved by
the Mexican Congress; and such approval was nev
er made or intimated to the United Statea In the
final consummation of the ratification of the treaty
by the President of Mexico, no reference is made
to k
On the contrary, this ratification which was de
livered to the commissioners" of the United States,
and is now in the state department, contains a full
and explicit recognition of the amendments of the
Senate just as they had been communicated to that
government by the secretary of state, and been af
terward approved by the Mexican Congress. It
declares that, "having seen and examined the said
treaty and the modifications made by the senate of
the United States of America, and having given an
account thereof to the general Congress, conform
ably to the requirement in the 14th paragraph of
the 10 th article ot the f ederal uonstitution ot these
United Slates, that body has thought proper to ap
prove tb"jid treaty with the modifications thereto,
in all th parts;-and in consequence thereof, ex
erting thefower granted to me by the Constitu
tion, I accept, ratify, and confirm the said treaty
with the modifications and promise, in the name of
the Mexican Kepublic, to fulhl and observe it, and
cause it to be fulfilled and observed.
Upon an examination of this protocol, when it
was received with the ratified treaty, I did not re
gard it as material, or as in any way attempting to
modify or change the treaty, as it had been amend
ed by the senate of the United Statea
The first explanation which it contains is, "that
the American government, by suppressing the 9Xh
article of the treaty of Guadalupe, and substituting
the 3d article of the treaty of Louisiana, did not in
tend to dimmish in any way, what was agreed up
on by the aforesaid article (ninth) in favor of the
inbnbitants of the territories ceded by Mexico Its
understanding is, that all of that agreement is con
tained in the third article of the treaty of Louisiana
In consequence, oil the privileges and guarantees,
civil, political and religious, which would have been
possessed by the inhabitants of the ceded territo
ries, if the ninth article of the treaty had been re
tained, will be enjoyed by them without any ditter
ence under the article which has been substi
tuted." .
The ninth article of the original treaty stimulated
for the incorporation of the Mexican inhabitants of
the ceded territories, and their admission into the
Union, "as soon as possible, according to the pnn
ciples of the federal constitution, to the enjoyment
ot all the rights of citizens of the United states."
It provided also, that in the mean time they should
be maintained "in the enjoyment of their liberty,
their property, and the civil rights now vested tn
them, according to the Mexican laws." It secured
to them similar political rights with the inhabitants
of the other territories of the United States, and at
least equal to the inhabitants of Louisiana and Flor
ida, when they were in a territorial condition. It
then p -oceeded to guaranty that eclesiastics and re
ligious corporations should be protected in the dis
charge of the offices of their ministry, and the en
joyment of their property of every kind, whether
individual or corporate; and, finally, that there
sbouW be a free communication between the Cath
olics of the ceded territories and their eclesiastical
authorities, "even although such authorities should
teside within the limits of the Mexican Republic, as
defined by this treaty."
.The ninth article of the treaty as adopted by the
senate is much more comprehensive iu its terms,
and explicit irt its meaning, and it clearly embraces,
in comparatively few words, all the guarantees in
serted in the original article. It is as follows:
"Mexicans who in the territories aforesaid, shall not
preserve the character of citizens of the Mexican
Republic, conformably with what is stipulated in the
preceding article, shall be incorporated into the
Union of the United States, and be admitted, at
the proper time, (to be judged of by the. Congress
of the United States,) to the enjoyment of all the
rights of citizens of the United States, according to
the principles ot the Uonstitution, ana m tne mean
time shall be maintained and protected in the free
enjoyment of their liberty and property, and secur
ed in the free exercise of their rehgion without re
striction." This article, which was substantially
copied from the Louisiana treaty, provides equally
with the original article for the admission of these
inhabitants into the Union; ana in tne meantime,
while they shall remain in a territorial state, by one
sweeping provision declares that they "shall be
maintained and protected in the free enjoyment of
their liberty and property, and secured in- the tree
exercise of their religion without restriction."
This guarantee embraces every kind of property,
whether held by ecclesiastics or laymen, whether
belonging to corporations or individuals. It secures
to these inhabitants the free exercise of their reli
gion without restriction,- whether they choose to
place themselves under the spiritual authority of
pastors resident witmntne Mexican rvepuDiic or me
ceded territoriea It was, it is presumed, to place
this construction beyond all question, that the senate
superadded the words "without restriction" to the
religious guarantee contained in the corresponding
article of the Louisiana treaty. Congress itself
does not possess the power, under the constitution
to make any law prohibiting the free exercise of re
ligion. If the ninth article of the treaty, whether
in its original or amended form, had been entirely
omitted in the treaty, all the rights and privileges
which either of them confers would have been
secured to the inhabitants of the ceded territo
ries by the constitution and laws of the United
Statea
The protocol asserts that the"American govern
ment by suppressing the tenth article of the treaty
of Guadalupe, did not in any way, intend to annul
the grants of land made by Mexico in the ceded ter
ritories ;" that "these grants, notwithstanning the
suppression of the article of the treaty, preserve the
legal value which they may possess; and the
grantees may cause their legitimate titles to be ac
knowledghd before the American tribunals;" and
then proceeds to state, "that conformably to the law
of the United States, legitimate titles to every de
scription of property personal and real, existing in
the ceded territories, are those which were legiti
mate titles? under the Mexican law in California and
New Mexico, up to the 13th of May, 1846; and in
Texas, up to the 2d of March, 1836." The former
was the date of the declaration of war against Mex
ico, and the latter that of the declaration of inde
pendence by Texaa
The objection to the tenth article of the original
treaty was, not that it protected legitimate titles
which onr laws would have equally protected with
out it, but that it most unjustly attempted to resus
citate grants which had become a mere nullity, by
allowing the grantees the same period after the ex
change of the ratifications of the treaty to which
they had been originally entitled after the date of
their grants for the purposs of performing the con
ditions on which they had been made. In submit
ting the treaty to the senate, I had recommended
the rejection of this article. That portion of it in
regard lo lands in Texas did not receive a single
vote in the senate.
-This information was communicated by the letter
of the secretary of state to the minitster for foreign
affairs of Mexico, and was in possession of the Mex
ican government during the whole period the treaty
was before the Mexican Congress, and the article
itself was reprobated in that latter in the strongest
terms. Beside, our commissioners to Mexico had
been instructed that "neither the Br esident nor the
senate of the United States can ever consent to rat
ify any treaty containing the 10th article of the
treaty of Guadalupe Hidalgo in favor of grantees
of land in Texas or elsewhere." And again: "Should
the Mexican government persist in retaining this
article, then all prospect of immediate peace is end
ed; and of this you may give them an absolute as
surance." -
On this point the language of the protocol is free
from ambiguity; but if it were otherwise, is there
any individual, American or Mexican, who would
place such a construction upon it as to convert it
into a vain attempt to revive this article which had
been so often and so solemnly condemned ? Surely
no p erson could for one moment suppose that either
the commissioners ot the United states, or the Mex
ican minister for foreign affairs, ever entertained
the purpose of thus setting at nought the deliber
ate decision of the President and the senate, which
had been communicated to the Mexican govern
ment with the assurance that their abandonment of
this obnoxious article was essential to the restora
tion of peace.
But the meaning of the protocol is plain. It is
simply that the nulification of this article was not
intended to destroy valid legitimate titles to land
which existed and wtre in full force independently
of the provisions and without the aid of this ar
ticle. Notwithstanding it has been expunged from
the treaty, these grants were to " preserve the le
gal value which they may possess." The refusal
to revive grants which had become extinct was not
to invalidate those which were in full force and
vigor. -
That such was the clear understanding of the
senate of the United States and this in perfect ac
cordance with the Protocol, is manifest from the
fact, that whilst they struck from the treaty this
unjust article, tbey at the same time sanctioned
and ratified the last paragraph of the eighth ar
ticle of the treaty, which declares that, " In the
said Territorries, property of every kind, now be
longing to Mexicans not established there, shall be
inviolably respected. The present owners, the
heirs of these, and all Mexicans who may hereafter
acquire said property by contract shall enjoy wjth
respect "to it guarantees equally ample as if the
same belonged to citizens of the United States.
Without any stipulation in the treaty to this ef
fect all such valid titles under the Mexican Gov
ernment would have been protected under the
Constitution and laws of the United Statea
The third and last 4xnlnnatinn contained in the
Protocol is that " the Government nf the United
States, by suppressing the concluding paragraph of
prive the Mexican Republic of the free and unre
strained faculty of ceding, conveying or transferrins-,
at any time, fas it mar iudtre bestt the sum
of $12,000,000 which the same Government of
the United States is to deliver in the places desig
nated by the amended article."
me concluding paragraph, or rather sentence,
of the original twelfth article thus, suppressed by(
the senate, is in the following language : Certificates
in proper form, for the said installments respect
ively, in such sums as shall be desired by the Mexi
can Government, and transferrable by it, shall be
delivered to the said Government by that of the
United States.' - - - - -
From this bare statement of facts the meaning
of the Protocol is obvioua Although the senate
had declined to create a government stock for the
twelve millions of dollars, and isuue transferrable
certificates for the amount in such sums as the
Mexican Government might desire: vet they could
not have intended thereby to deprive that Govenr-
meni oi me iacuity which every creditor possesses
of ansferring for his own benefit the obligation of
, - ,1. . ... . . tj
nis aeptor, whatever this may be worth, according
to nis win ana pleasure.'
It cannot be doubted that the twelfth article of
the treaty, as it now stands, contains a positive ob
ligation, "iu consideration of the extension acquired
oytne boundaries ot the United States, to pay
the Jexican Republic $12,000,000 in four eaual
annual installments of $3,000,000 each. . This ob
ligation may be assigned by the Mexican govern
ment to any person whatever; bnt the assismee. in
such case, would stand in no better condition than
that government The amendment of the senate.
prohibiting the issue of a government transferrable
stock for the amount, produces this effect and no
more.
The Protocol contains nothing from which it can
be inferred that the assignee could, rightfully de
mand the payment of the money in case the con
sideration should fail which is stated on the face of
the obligation.
With this view of the whole Protocol, and con
sidering that the explanations which it contained
were in accordance with the lreaty, 1 did not deem
it necessary to take any action upon the subject
Had it varied from the terms of the Treaty as
amended by the Senate, although it would even
then have been a nulity in itself, yet duty might
have required that I should make this fact known
to the Mexican Government This not being the
case, I treated it in the same manner I would have
done had these explanations been made verbally
by the Uommi8sioners ot the Mexican Minister
for Foreign Affairs, and communicated in a Dis
patch to the State Department
JAMES K POLK
Washington, Feb. 8, 1849.
From Punch.
FEW DAYS IN THE
DIGGINS."
Bf A. FREE AND INDEPENDENT."
Landed at San Francisco, after a "tarnal tossin"
of five months. This is coming the small eend of
Cape Horn, I reckon, and there ought to be pretty
considerable some on the other side to make up
leavin' my dry goods store and family fixins in
Broadway.
Traded with a Down-Easter, who is makin' tracks
for the settlements, with $30,000 in his carpet basr,
for a spade, pick, scoup and washin' trough giy-
m' $800 for the plunder, and glad to get it as In
crease Nile Flint of Salem, went $750, and he is a
'tarnal old hoss at a deal.
Swopped my trapa and blankets, a quarter cask
f .1. i j i , -- i - . . ,
oi picueu pons, anu a aemijonn oi peacn Dranay,
which I had laid in, for six pounds ginootie gold.
Pretty considerable smart tradin'. - ' '
Toted my tools to Hiram K. Doughboy's board
ing shanty, and settled with him for blankets and
board, at $30 per diem. Catawampus prices here,
that's a fact; but every body's got more dust than
he knows what to do with. :
Off to the diggins with a party; mighty small
potatoes most of 'em ; all sorts and colors, and ev-
erlastin' ragged Bay-statesmen, Back-woodsmen,
Buckeyes from Ohio, Hosses from Eentuck, Cape
Cod Whalers, San Francisco Indians, Leperos from
Santa Cruz, Texan Volunteers, Philadelphir Qua
kers, a Latter-day Saint, six insh sympathisers,
twelve Yankees, as many Britishers, a squad of
deserters, a Biacktoot vfuide, a Methodist Larson,
and a Mormon Elder.
Struck diggin' and sot to serious washin; par
son began to ask a blessin', but seein Silas T.
Forks, of Orangeburgh, N". C, helpin himself, par
son cut it short on, and we went to Work like nig
gers at cane hoin'.agreein to dig in companies and
snare prohts. notched the Quaker sunnm him
self, and takin kink out of his back with a Havan
nab. Convened a meetin', cowhided Quaker, and
at it again, Gold lyin, about like earth nuts, and
ridin through the water like hailstones in a sherry
coDier.
Sounded the conch for grub, and found nobody
got anything, but that cute old coon, Zerubbabel
W. Peabody, of Stitan Island, who had brought a
bag ot biscuit and some meat hxins . The varmint
wouldn't sell a notion under an ounce of dust, and
sacked the whole bihu .
To work again ; trotted up again at sundown,
and found we'd averaged $28 per man. Got back
to shanty; but before that darned Hiram K.
Doughby would let me inside his door, forced to
pay down $30 for day's board and lodgin'. So
wound up $2 worse than in the mornin'. Calkila-
ted to camp out in future, cut Hiram, and work on
my own hook, havin' realized that socialism ain't
no go in gold diggin. ; Asked Hiram why he did'
nt go out with his bowe-knife and washing-paiL
Hiram sniggered, and said he warn't greedy, and
preferred helpin folks in his shanty. . Hiram usn't
to De such a consarned tool. .
"
Started alone having swopped the gold I sot
from Down Easter yesterday, for one blanket half
cask of pork, and half demijohn of brandy. Must
convene that I've lost 50 per cent bargains: but
a cargo of new diggers havin' just come in
from Panama, great demand for such things, and
forced to give what that old flint of a Down Easter
chose to ask. He s made considerable some by his
trade, that's a fact, and I doubt if he could have
done better at the diggins.
Made a great day havin' sacked 40 dollars at
least Got sorerjost, and when I tracked back to
the tree where I'd cached my plunder, found those
tarnal J names had -absquatulated with blanket
pork, and brandy. Lucky I've got my tools.
fepent the night under a cotton tree: roisrbtv
sharp set in the mornin', havin' eat nothing since
yesterday at twelve. Struck the trail of Zerubba
bel W. Peabody, and traded with him for some
bread and pork doin's for which the everlastin old
skinflint made me come down cruel, cleanin" me
out of all I'd raised yesterday.
Zerubbabel says he ain't diggin; but goin a
bout with a provision and liquor store. It is ama
zin' how long headed men like Zerubbabel can be
such darned idiots.
I've got out of the track of the settlement and
into prime diggin' all to myself where the lumps
of gold run as big as piggeon's eggs, and lie as
thick as hail-stones in Broad wa v. after a come
down in the falL But I'm darned weak for want
of grub, and so rheumatic with campin' out, that
it's quite a caution.
Two days without seein food gold gets more
abundant than ever.
Eh.c Xoroer SanJmaka Stttman.
J. S. Fonke, Editor and Publisher.
LOWER SANDUSKY, FEB. 24,1849. ;.
Upon taking control of a Newspaper, it n ex-
Lected that the Editor will write what might be
termed a "preface,'.' giving a brief exposition of the
Principles, by which he intends to be governed, in
its editorial management , j . , -
In following this custom, we shall, be brief, , as
long articles of this kind, like a long preface to a
book, are seldom read ; besides we prefer letting
the paper "speak for itself," rather than to tell
what we intend to da i, ;",.?
In assuming the editorial management of this
paper, however, we are not unmindful of the ar
duous and responsible duties we undertaker and
cannot but feel distrustful of our fitness and quali
fications for discharging so responsible a trust; but
feeling assurred that our efforts and intentions will
be rightly appreciated, by a discerning and intelli
gent people, we shall throw ourself upon their gen
erosity and. forbearance, and shall, so far as our
facilities will admit, endeavor to make the Fekem as
interesting and useful to its readers.
Politically, the paper will be Whig, and it shall
be our constant aim to promote and advance the
interests and principles of " that party." Our fore-
fathers wisely adopted those principles as the only
true basis, to advance and elevate man to the high
and noble position, which it -was designed by a
wise Creator he should enjoy while here below.' -
Recently those principles have most signally and
effectually triumphed over those advocated by our
opponents, and time will soon determine whether.
as in the early days of the Republic, they will tend
to the advancement and good of our common
country. ' . ;- ' - ' '-' . !" V. -
But while it is our intention to advocate , Whig
principles and measures, we shall at the same time
have a due regard for the opinions of our oppo
nents. We believe the mass of the people, of all
partiesare honest in their opinions, and are striv
ing to obtain the same ends the interest and good
of our glorious Union. - To the man who" honestly
differs with us in opinion, we have the greatest re
gard, and our bearing towards Such shall be cour
teous and respectful, and shall exercise that degree
of liberality which an honest difference of opinion
demands. . . '::-r - -i -v.
' On the question of Slavery, as it now exists . in
the several States, we, do not feel disposed to med
dle with, rightfully assuming, as" we think, that
the compact entered into by the: States in regard
to that question, should be held inviolate. -": The
question of abolishing slavery in the Stateswhere
it now exists, should be left to the States immedi
ately interested. But to its extension over territo
ry now freewe are opposed, and believe that Con
gress have the power to confine it to its present
limits, and we believe the intelligence of the age
will consiem to political oblivion that man, . who
shall dare to favor so unnatural and infamous
measure, as that of extending the blighting curse
of Slavery over any territory now free. .
It shall be the aim of tha editor, to publish a
free and independant Journal, to be controlled by
no man or set of men, besides the editor, and all
articles intended for publication in the Freeman,
must be submitted to his inspection. Short well-
written articles, free from all personal allussions,
will be thankfully received. - -
.X :"'
&3T Gen. Cass passed through this place on
Thursday morning last, on his way to Washington.
We had tha pleasure of takiug the old General by
the hand, and as we gave it a hearty shake, felt a i
compunctious misgiving as to its propriety, after
the many hard things, though true, we said about
him during the last campaign. The General ap
peared to enjoy good health, and, under the "cir
cumstances," we thought, looked remarkably well.
We wish him a safeourney, and an honorable dis
tinction, in his old calling, as United States Senator.
OHIO LEGISLATURE. T
The Ohio Legislature has been engaged for some
time back in determing who should be the candi
dates for Senator, Judges, fca, and doing very lit
tle legislation of importance to the Stato, The L
cofocos have, for the first time in a number of years.
by chicanery and intrigue, got an accidental ma
jority, and going on the principle that to the "vic
tors belong the spoils," they will probably prolong
the session to as late a. day as possible. - -
When we commenced this article, we were going
to say that the Legislature has passed the bill char
tering the Lower Sandusky and Fort Ball Plank
Road Company ,and authorizing it to open the books
and receive stock. The bill to incorporate the Low
er (Sandusky and Rome, (Seneca Co.,) Company,
has not yet been passed.
GEN. TAYLOR.
Gen, Taylor arrived in Wheeling on the 20th
inst, on his way to Washington. He was welcom
ed, as has been the case all along his route, with
every demonstration of joy, by the citizens. He
left the next day for the Capitol, where it was ex
pected he would arrive about the 23d or 24th, and
it is thought that somewhere near the 5th of
March he will take possession of the White House,
"And old Whitey of ths While Hou.o Stable,"
We send the first number of our paper to
a number of persons, who are not now subscribers,
hoping that they will lend us their names and in
fluence, in sustaining us in the publication of the
Freeman.. It is desirable that the patronage of the
paper should be increased, and the larger the cir
culation becomes, the more interesting and useful
we will be enabled to make it and the more good
it will accomplish. We hope our friends through
out the county, will interest themselves in obtain
ing us subscribers. '
Jt&-la the hurry consequent upon issuing a
... f. j v f koln wa have ,
paper this wees, anu me r- -
not been able to pay that attention to n.
could have wished. After we get "fixed" we shall
be able to pay mora attention to it, and give our
readers a greater variety of matter. -
i ts' We serd the Freeman to the former pat
rons of the Telegraph, aad respectfully solicit their -names
and patronage. Should any of them desire
not to take the paper,, they can return it to us
through the post-office or otherwise. .
The weather, oa last Monday, was the col
dest we have had for a number of years, the rner- -eury,
of our Thermometers, falling as low as 24
TkoW wm. We don't think any of our
"oldest inhabitants" can recollect when it has beea:
much colder in. this counp;-;.'
- leiegrapnic reporur iiviu
that the Legislature went into the election of a
United States Senator, and Judges of the Supreme ,
Court, on Thursdaylast ; , , V; : 1 .. -
"" Mr. Chase'was 'elected Senator, Caldwell and
Spalding Supreme Judges, and Bliss of Elyria, one
of the President Judges. All IxwofocOa but ; Mr. .
ChasR. who is a f ree Soner. ou e g.j.
SPEECH OF GENERAL ; TAYLOR AT" -
T OTTTVTT.T V. : - :
;"V2 New Yobs, Feb. 19, 7 P. M. .
The Louisville Morning courier of tne iui
. . - - .i .1 :
mst, received to-day, brings me particulars oi -
the magnificent banquet in honor ot the l-resiaent
elect given on the eveningof the 12th inst '
The Mayor of the city presided. The regular
toast was :-General Taylor, by birth a. Virginian, ;
in boyhood and early manhood a Kentuckiafl his '
(rlnrmus achievements upon his country's battle'
fields have made him tne property tne. nuon
ills i)nm nrl virtue will render him. as the
Chief Magistrate of a great Republic, the bene
factor of the, world, t Uheera r
Gen .Taylor replied:- I -',.--;. -.4 ; V )
I am sincerely obliged to you for the comph
mentary toast which has just been received, and
for the generous reception it uas met wnn in mis
assembly. 1 1 have not deserved the praises lavished J
UDou my past services, and the suggestion made "
.. ... . . . i - . i .
in relation to the future, is more nattering than any
havn Km nf mvaeit enamea ioinuuic. i am iu-
ueea a. virgiuian uy uirwi, um rcui5t w m -country
when it was still a part of that ancient com
, , i i i. i. v. . i . ........ j ... .t,.!,
monwealth, vv lulst I venerate ine siaie oi ray a-
tivitv. it is here I spent the days of my yonih, and
all the associations of boyhood and early manhood
are connectd with the scenes which surround me. .;
have always disclaimed a large share of the ;
merit of the achievements upon the battle field,
you have so kmaiy noiicea, asjusuy -uue to uic gal
. 1 J 1 t J . .1.
lant soldiers volunteers ana regulars, wnom i nau .
the good fortune to command. - .
In regard to the new kind of duties to which L
have been assigned, it may . be' allowed me who -
have spent more thanh 40 years in a. different kind
of service, to distrust my ability to "meet the ex-
peclations OI Uie puouc. ilia tuieiiirut irecuiau
. C .1 TT :.n Iaci.a it (ton 1iA iHfriiii!ilraf tnn f f
yjl b41 ."' " V .w - " - -- . .
public affairs . brought hearer, the pmiciples" and
pi-actiues of our first Presidents. It will - be my
aim to do their will. J " : 7 ' :. .
Whatever errors I shall commitj hi "tscliaf ge of
this high trust, will I hope be attributed to the
head and not to the heart ; for I rely upon the par
tiality which conferred the highest station upon
earth, to construe with a spirit of forbearance, my
acts while filling an office for which I had no as
piration. I declined being . a candidate until a
sense of duty constrained me to yield to the wishes
of the people. May I riot hope that those: who
conferred this great honor upon me,' v. Knout solici-
tation on my pari, win ne sausnca ii i,snau servo
them with an eye simply to the best interests "of ;
the whole country. If 1 shall be able in any de
gree to equal the expectations of my countryman,
it will amply compensate for any labor I may un .
d-srg . . -. ... . . '.. .: - ... . " 'I
I again thank you, for this generous and enthu- .
siastic demonstration, and in conclusion, allow, me
to offer the following sentiment: The people iif
Kentucky Uusurpassed by any' other in intelli
gence, virtue and valor. 4.1.'-
The General afterwards told an amusing story
and took a lively part in the banquet- , f .--
Gen. Shields was present, and offered a compli
mentary toast . . . ' , . . ; ,.'. . , . '. s .
: PaOVlSlONAl. GoVKRNMEST IK C A LIFORVH. ..
Copies of the " Star and Californian," printed at
San ' Francisco, December 23, have just been re
ceived. '" Among other articles, it contains the pro
ceedings of "The rising of the peopleprogress
of theeause and meeting in San Jose," ' for or
ganizing a provisional government; also, the ac
count of an "enthusiastic provisional government
meeting," held at San Francisco on the 21st De
cember. In reference to this the : Washington.
Union' says: "And yet Congress, still slumbers
over the insecure condition, the ' anarical position,'
the representations received of the impunity with
which outrage and violence are committed in Cali
fornia!" ' ' - :- -: - I;. ' '":
Tt Wb S!wva Pr Pirra A n lnyanimia ''
tentlemen of Baltimore publishes a communication
emonstrating' the great -conveniences that would
result from the issuinc of silver seven cents each.
This project is very ingenious for any one who may
make a calculation, and find that such coin would
entirely supercede the use of coppers, provided the
payer and payee have each a snthcient quantity of
small change. Thus to pay one cent, give three
seven cent pieces and receive two ten cent pieces
in exchange ; to pay two cents give a seven and a
five cent piece and receive one dime in change, to
pay three cents give ten and receive seven change. -&e.,&c.
"Mr. jSpeaker, this is a mighty fine house. Them
pillows cost a heap of money, I reckon. Mr
Speaker! all the oxen in Mississippi couldnt haul
this house off !" - "
And being thus happily delivered, the- member
from M took his seat amid the roars of tha
House. Tradition says the subject incontinentlv
dropped, and no other "bill for the removal of the
Capitol" was ever reported.
Lifeis shortened by indulgence in an?er. fll-wiTI.
envy, grief, sorrow, and excesive care. The vital
powers are wasted by excessive bodily exerrko in
some cases, and want of a due portion in others.
The first Postmaster General in the U. R(afo
was Dr. Franklin. His salary was $1000.

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