excuse, failed to consider seriously the appointment of commissioners until a few days before the treaty required them to be in Washington, and consequently the agreement expired. Mexico, however, could not well take advantage of this fact; the United States waived it; and on August 25, 1840, nearly two and a half years after we had accepted arbitration, the joint commission was organized. The representatives of Mexico were Señores Castillo and León, one of whom, being unfamiliar with business, fell under the control of his colleague, while the other was described by Pakenham as conspicuously dishonest. In eighteen months from that date, according to the treaty, the labors of this body were to end. To kill time was, therefore, to kill claims for at any rate bury them.[1]
When the subject of the commission was dismissed in 1838, Forsyth took the ground that it would be a judicial body, guided solely by the evidence before it; and this principle was apparently accepted as fundamental. Webster, now the secretary of state, pointed out that it was essentially and necessarily such a tribunal. The Mexican commissioners, however, had been ordered to act, not freely according to the evidence, but according to the instructions of their government; and moreover they promptly refused to let the claimants present themselves either in person, by attorney or in writing. Some four months were spent in discussing objections raised by them, and finally, in order to get something done, the American representatives found it necessary to give way. Yet the sailing was not smooth even then. Castillo and León resorted not only to dilatory tactics and unfair methods, but even to express falsehood; and their government violated in a signal manner one of the most fundamental stipulations of the treaty. In short, if we may believe the apparently fair statement of the American commissioners, the Mexicans caused delays that prevented the adjustment of claims amounting to more than five millions, and pursued a course in general that excited great indignation throughout this country. Meanwhile, as our philo-Mexican minister, Thompson, reported, "The rights of American Citizens of every grade and character" were still subjected to "constant outrage."[2]
In spite of everything, however, some two millions — min 1841 a substantial amount — were awarded, and at once
