_Washington, February 2, 1839_.
The PRESIDENT OF THE UNITED STATES:
The Secretary of State has the honor to report to the President that,
according to his instructions, Mr. Martinez, the Mexican minister
plenipotentiary, was invited to the Department of State in order to
ascertain if he had any recent information on the subject of the
convention between the United States and Mexico, transmitted by him to
Mexico for ratification by his Government. Mr. Martinez called yesterday
and stated that he was without definite information, but expected daily
to receive it. He supposed the delay was occasioned by the troubled
condition of Mexican affairs, and hoped we would make all due allowances
for unavoidable delays. When asked if he had power to enlarge the time
for the exchange of ratifications, he said that all his instructions had
been fulfilled on the signature of the treaty. The Secretary called his
attention to information just received at the Department from Mexico
that the treaty was about to be submitted to the Mexican Congress, and
he was requested to state what had changed the views of his Government
on the question of ratifying the convention, he himself having stated,
pending the negotiation, that the President, Bustamente, believed he
had full power under the decree of the 20th of May, 1837, to ratify
the convention without a reference of it to Congress. He replied that
he did not know the causes which had produced this change of opinion.
Mr. Martinez appeared to be very solicitous to have it understood
that he had done everything in his power to hasten the exchange of
ratifications, and to have every allowance made in consequence of the
disturbed state of Mexico and her pending war with France. From this
conversation and the accompanying extracts from two letters from the
consul of the United States at Mexico the President will see that it is
by no means improbable, if the ratification of the convention should
have been decreed by the Congress of Mexico, that the ratification may
not reach the city of Washington until after the 10th of February. The
Secretary therefore respectfully represents to the President whether
it is not advisable to ask the consent of the Senate to the exchange
of the ratifications after the expiration of the time limited, if such
exchange shall be offered by the Mexican Government by their agent duly
authorized for that purpose. Unless this authority can be granted, a new
convention will have to be negotiated and the whole subject passed over
until after the next session of Congress.
All which is respectfully submitted.