Page:The War with Mexico, Vol 1.djvu/459

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430
NOTES ON CHAPTER III, PAGES 79-80

clined to take an oath in the regular way, saying that each had administered it to the other. The United States was represented by ex-Senator John Rowan and W. L. Marcy. Rowan was succeeded by H. M. Breckenridge. 52Buchanan to Slidell, nor 1, 1845.

39. Ho. 152; 25, 3, p. 11 (Forsyth). £10.57; 27, 1. Sen. 320; 27,2, pp. 185 (Webster); 2279, 90, 92, etc. Sen. 61; 27, 1 (Marcy and Rowan, May 26, 1841). Sen. 411; 27,2 (com. for. rels.). Ho. 269; 27, 2 (Leg. gett case).

Castillo and León insisted that cases should come before the board only by documents presented through one of the governments — a process likely to consume much time. When Rowan withdrew in August, 1841, and Marcy desired to proceed even under this disadvantage, his Mexican colleagues gained a delay of about six weeks by refusing to do so (Moore, Inter. Arbit., 1235. Son. 320; 27, 2, p. 254). They falsely asserted that {our particular claims, three of which were accepted by our commissioners and the fourth was paid later by our government, had been withdrawn by the American minister at Mexico, and by thus holding them back for some two months defeated them (Sen. 320; 27, 2, pp. 179, 251-3).

Under the treaty, that country was positively bound to furnish the evidence called for in support of the claims, and W. S. Parrott's requisition was the first or among the first made out and forwarded. None of his papers came, however, for seven months, and those received were taken without leave from the custody of the board by Castillo and León, and held back for nearly two months more; a part of them had evidently been mutilated or forged; only about one half of the number specified were furnished, though it was known that all were under the control of the government; and more than 2000 pages actually prepared for transmission seem to have been withheld (Sen. 320; 27, 2, passim). Leggett's case, another of the principal ones, was vitally damaged by documents afterwards fully proved to be spurious (Moore, Internat. Arbit, 1277 — 8), and as the claimant certainly would not have presented them against himself, they must have come from the Mexican government.

Ho. Report 1096; 27, 2, p, 22-"For the rest, the Committee, while they abstain [as was proper in official action] from imputations on the commissioners of the Mexican Republic, yet cannot but perceive that the instructions under which those commissioners acted, and the course they pursued, in the organization. proceedings, and final action of the commie sion, were of most questionable validity, and operated to the serious injury of the parties interested." The American commissioners expressed the belief that had the board been acting half the time between Aug. 25 and the day it took up the first case on its merits, all the cases would have been "finally adjusted" (Sen. 320; 27, 2, p, 197), The claims left undecided in the umpire's hands amounted to $1,864,939.56, and those which the board had not time to consider to $3,336,837.05 (Moore, Internat Arbit, 1232).

Mexico has been given great credit for sending many original documents on a hazardous journey; but. had they been lost, the claimants would have suffered and she would have profited. She had time enough and clerks enough to make this risk unnecessary. Also Mexico has been given great credit for accepting certain indisputable claims growing out of her revolutionary war, which pro-Mexican Americans have declared it was outrageous to present; but as she had formally recognized in 1824 all debts of the revolutionists, there was no escape. Numerous claims failed