The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-07-30
AFFAIRS At THE sATlovAi CAPITAL,

WASHINGTON, July 70, ISL
The 7shulaiepec Treufv

sons editorial, undertakes to redeem an engage
xent with its readers. to place them in possession
Of tho facts in regard to the Tehuantepec treaty,
and the grant TO Garay, as gathered from public
documents, and other sources.
After stating, in part, the substance Of the grant
made by Santa Anna, in February, 1872 to d.
jose Caray of the subsequent decree by Santa
Anna dated 10Th December, 1913, by which the
Com n encement of the work was postponed for one
wear and of the decree issued the 9th November
lS1e, by Don Jose Mariana de Salas, then exer
cising the supreme executive power OF the repub-
lc whereby the proceeding acts and DEGREES were
for6rmed, and the period limited for the commence
ment THE work was extended for two years more
the Iateltgenoer, to sustain the validity OF the
Caray grant, next relies an illegal admission by
NE Mexican commi ssoners, who negotiated the
treaty of Guadalupe Hidalgo, that some years
previous, the Mexie IN government had granted the
exclusive privilege of making Communication
across the Istbmus to Garsy, Of whose rights Mex
zoo could not dispose
The ErteIytgencr then says
II seems that bfre Of the ratification Of the
Tehuantepec treaty ~ government had reached
Mexico IL is ssd upon false rumor that 1t had
been rejected BY >+nate, the Mexican Congress
ana void on the gro,ad that salss (by whom The de-
Of eth November 1916 postponing the period fxed
the the work issuedD
constit utonally elected President but usurpsr
How far uaion disavo~ the acts Of its govern
mept De taco the ground that was irrsguarly
stituted and what effect Legislative snnu nent Of
tract have the rights Of parties interested
questions which th- moment it would not be only
premature but improper to discuss
The Inteligeror does not state what are its
s'other sources OF Information, but it is NANTES
they are not reliable because 'the simple narration
OF facts which it lays before its readers is, in many
respects, if not alt get her, erroneous.
~ ID nAt Aaola Ia
TO Garay null and void, because ''Saas was an
usurper, and consttutonally elected President"
but because as President he had authority to
issue such decree. involving as it did, grant Of
y large extent of The public domain Of Mexico. The
question, therefore, Is not whether Z" how far a
nation can disavow the acts of its government de
fafo on the ground 1t was irreguarly constituted;
but IL is whether nation can disavow any of the
acts Of its executive de fdcto however unoonstitu
tioosl or Illegal suppose Mr.. Fillmore. without
the sanction or authority of Congress should grant
TO an American citizen the right Of way for q rail-
road to the Pacific and all the public lands within
ten leagues either side Of the line Of the roai
and the American grantee should transfer his grant
to British subjects, could not the Congress Of the
United States declare such a grant null and void,
for want Of any authority in the Presi to make
it Or would the transfer to British subjects justify
that government In interfering to sustain its sub
jects IN effort assert their claims by force, and
in open disregard OF act of Congress declaring
the grant null and void We are informed by the
newspapers that the Tehuantepec company, disre-
garding the action Of the Mexican Congress, have
Issued proposals for an additional number OF iabo-
rers whom they intend to arm and send ous imme-
dately, for the purpose Of asserting their claims by
force, and that they con idently rely the c)unte
sSs Sf sas
genoo will sustain such proceeding!
The FnteQigsnce, in its lengthy notice Of tho grant
made TO Garay, by santa Anna, In February, 1872,
omits entirely 10 mention the first paragraph Of the
fourth article, which reads as follows
"Firs-Don Jose de Gsray shall cause TO be made, At
no Sa ,en,s nnd n .ns .o ~ az. ne.
which may be deemed most commodious. All which
shall Be concluded at farsnes within the OF egh
teen months nom the date hereof aud the works shall
be commenced within the space Of ten months next
hereafer and in - should not be performed With
IN the time specified the exclusive privilege hereby
ceded TO him, IN Ali c,ase -
That Garsy failed to fulfil the conditions Of the
grant is evident, from the fact that IL became
which was granted bv the decree Of the President
ud sstuim, Of the 18th Dec, 1913, granting An ad-
Aitioaal term OF one year, at his ovn request for
the connencement Of the work.
That the grant was gain forfeited by the non
fulRlmeut Of the conditions, is evident, from the
tact that II beca ne necessary for him TO obtain
fron SAlas the decree OF the 5th venber, 1916,
the kh Article Of which is In these words
Art The term for the oommenceneot Of the works
allowed 10 Don jose ts Garay shall BE- further extended
to be reckoned from the date Of the
publication Of this decree
In O pamphlet issued by the parties interested in
Garays grant, in 1919, and entitled observations
IN relaoon to a communication between the Atlantic
and Enafc oceans. through the lsthmus Of Tehuants
Pec, g. in note upon this article Of the decree Of
lst6, 10 the following
1T proper here 10 observe that the works on the
thmus commenced within the time pres ,ribcd by
the decree. and have since been continued
IL Is now, however, admitted, that the works we're
Dot commenced, even within ths time prescribed by
ehe DECREE oflo6; but II Is alleged that Garay was
prevented by the from fulfilling the conditions,
the termini On both oceans being occupied by the
I nited States forces
avoid he forfeiture Of the privilege for fulfil
ment Of the conditions, IL seems self evident that
the Congress Of the United States could in the
supposed above, of grant by Mr.. Fillmore declare
equally unquestIeDsb bic right 70 declare null and
void the NJ Unconstitutional decree issued by Salss.
IL u motter If surprise that the IpeHge,tcp
should rely on the alleged admission Of the Mexi-
can Commissioners who negotiated the treaty Of
Guadalupe Hidsgo. stopping the Mexican go
verpmeDt from nov denying the validity Of Garay's
grant; Tor every one knows that those Commission
ers could not bind the Mexican government or peo-
pie by any act Of theirs. until the same had been
duly ratified. not only by the Executive but by the
Congress Of Mexico AG.
WAsHrrer os CRY, July e6, 1851
.9aothsT Lffr dJo,si The GAINS Agailsf tho Ua,tcf
s,ao - Dcl.ly AID Dc,ial' Of Jssiics - Pablo
Hc~o-F,upds, SC.
In ny first communication stated the probable
amount and the general character Of the outstand-
irg claims against the United States, that yet
urIiquidsted and unacknO sIedged. An intelligent
OGeer IN one q the departments here. With whom
have oopversed upon the subject since despatched
you tast letter, has said to that agky uIiLiors
irOs6 b. neor,r. the ag0sgo'' Of these DAMS, as
~ s~r;Cd, than styfy rIiiiiovls, az t'fimatef.
Their continued rapid accumulation imperatively
dsmanas tina, ething must be done. The abuses
nov p~ scti,ed, and frauds now committed, require
Immediate legislation, which must Be stringent TO
be eaectual sgains, fraud. and yet careful to avoid
wrong 70 worthy claimants. Justice to the honest
credisers Of the government the preservation Of
the public honor, and Of the respect and affection
BY the people for ard confidence In, the govern
usnt, calls for tbe adoption Of measurss FOR the
sepsrsson Of the honest and Just debts due BY the