The third and last explanation contained in the protocol is that--

The Government of the United States, by suppressing the concluding

paragraph of article 12 of the treaty, did not intend to deprive the

Mexican Republic of the free and unrestrained faculty of ceding,

conveying, or transferring at any time (as it may judge best) the sum of

the $12,000,000 which the same Government of the United States is to

deliver in the places designated by the amended article.

The concluding paragraph of the original twelfth article, thus

suppressed by the Senate, is in the following language:

Certificates in proper form for the said installments, respectively,

in such sums as shall be desired by the Mexican Government, and

transferable 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

obvious. Although the Senate had declined to create a Government stock

for the $12,000,000, and issue transferable certificates for the amount

in such sums as the Mexican Government might desire, yet they could not

have intended thereby to deprive that Government of the faculty which

every creditor possesses of transferring for his own benefit the

obligation of his debtor, whatever this may be worth, according to his

will and pleasure.

It can not be doubted that the twelfth article of the treaty as it

now stands contains a positive obligation, "in consideration of the

extension acquired by the boundaries of the United States," to pay to

the Mexican Republic $12,000,000 in four equal annual installments of

three millions each. This obligation may be assigned by the Mexican

Government to any person whatever, but the assignee in such case would

stand in no better condition than the Government. The amendment of the

Senate prohibiting the issue of a Government transferable 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 demand the payment of the money in case the

consideration should fail which is stated on the face of the obligation.

With this view of the whole protocol, and considering that the

explanations which it contained were in accordance with the treaty, I

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 nullity 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 commissioners to

the Mexican minister for foreign affairs and communicated in a dispatch

to the State Department.

A Compilation of the Messages and Papers of the Presidents. Volume 4, part 3: James Knox Polk · 第 275 / 289 题