The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-08-04
Tehunntspsc Grant.

Tohuantepec Grant.
The various publications on this important
subject have induced the chairman of the
company to publish an exposition of its his
tory, from the origin of the grant to the
present Ii will be found distinct temper
ate, and dispassionate document, furnishing, nc
doubt authentic material for the formation Of
public opinion:
CARD.-As the attention of people the United
States has been recently directed to the present
pect of our relations with Mexico, and to the diff
culties growing out of the Tehuantepec grant, and
many erroneous impressions to the facts of the
case have become prevalent, the Tehuantepec com
pany deem it their duty to place before the public
in as succinct manner possible the history Of
the grant, and the nature of the title which is vest
ed in them.
On the lst March, 1912, Santa Anna, then Presi
dent of the Republic of Mexico and invested with
the supreme dictatorship, granted concession tc
Don Jose Garay, Mexican citizen. In il he says
that Gin the name of the supreme government, and
under the most solemn protests, he declares and
promises that all and every one of the concessions
mentioned in the inserted decree shall be hon
orably fulfilled now and at all tmes, pledging the
honor and public faith of the nation to maintain
the protector, Don jose de Garay, nell any
private individual or company succeeding or repre-
ssnting him. either natives FOREIGNERS, in
the undisturbed enjoyment of all the concessions
granted
BY the terms of the decree of this date the gov
eminent of Mexico gave numerous important privi-
leges, and large grant of land, comprising all
that vacant for ten leagues each side Of the
line of communication, to Jose Garay, for the pur-
pose of enabling him to establish connexion by
steam between the two scar, across the Isthmus of
Tehuantepec, either by railroad or water.
On the 9Th February, ls43, the government of
Mexico issued orders to the governors of the De-
partments of Oajaca and Vera Cruz, (wthin
whose lints the Isthmus is coInprised,) directing
that Garay should be put in possession of the va
cant land conceded to him by the first decree, and
that every facility should be granted for the prose-
cuion OF the enterprise. These orders were issued
by Nicholas Bravo, then President of the republic
and on the same day anothor decree isAaed by
the same President, declaring, that in the grant Of
vacant lands were comprehended all lands winch
had been previously granted by the government
to natives or foreigners, and which remained unin
habted and uncutivated.
These DEGREES were executed by the local author
ities and Garay put in actual possession of the
lands
On the 9th October, 1913, Santa Anna, who
again President, issued decree stating that the
surveys by Garay had been concluded, and the
works about to be begun, and ordering the gov
of Oajaca and Vera Cruz to furnish convicts
to the number of three hundred to be employed on
the work.
On the 18th December, lS43, by another decree
OF Santa Anna, the period for commencing the
works on the l5thmus, which, under the original
grant, was to expire on the LIST July, 1874, was ex-
tended to the LIST July, 1916.
In the fall or winter OF 1914 Santa Anna no
longer in power; the country exposed to con-
slant ernal conv ulsions resulting from the srug
giles for of different lendPra who raDilly
succeeded each other i'll the Presidency and in the
beginning of lS45 the difficulties with the United
States had already assumed menacing character.
Garay became satisfied that the time allowed him
insufficient for organizing enterprise of such
magnitude, and in June, ls45, he made applica-
ton to the Mexican Congress, asking further de-
lay, soliciting additional privileges and facilities
for the introduction Of the necessary materials and
supplies and praying that further inducements, in
the way of exemption from taxes and imposts,
might be accorded to persons disposed TO settle as
colonists on the lathmus.
law was introduced in the Mexican House Of
Representatives in accordance with the tenor of
this application, and was passed by that body. II
was sent to the Senate, there referred TO commit
tee, who reported favorably, and was the eve of
being submitted to the vote of the Senate, when
there occurred one of those events, unfortunately
too frequent in the history of our neighboring
public.
The administration of Paroles was attacked and
subverted by Mariana tic Salas, at the head OF an
las took possession dictator, of the supreme
executive power. This advent Of Salas was
marked by consequences much more important
than those which usually accompany the num-
berless pronuncidmeptos which have occurred in
that country The entire sys EN- of govern
ment was revolutionized; the form changed
from central or consolidated, into fedora
tive one; the quotas OF contribution OF the sew
eral States Of the republic were fixed; the most
important administrative measures organzed; the
liberty of the press Established, &c, sc. All these
measures which now exist in Mexico, and this form
Of government now established there, derive there
origin from DEGREES Of Salaa, one of which has
ever been brought for moment into doubt or
question, except in the single instance which will
presently be noticed.
Whilst Salas was thus exercising, de fdcto the
supreme power of the government, whilst his die
tatorship was thus unquestioned, his attention
called to the law which was on the eve of being
passed when the Congress dissolved, and, after
examination of the subject, he promulgated his
decree OF the 9th Of November 1876, iDhich copy
Of the Idio that had passed The hferican House of Rep
ressntGtiUes and the committee Of The Mexican Senate
BY the terms of this decree the delay of com
mencing the works on the Isthmus prolonged
TO the 9TH November, 1913. The work was actually
commenced prior to that date as ia established by
the official reports of the Mexican authorities on
the Isthmus
The simple narration of the foregoing facts seems
amply sufficient to establish, in the most conclu-
sive manner the validity Of the grant in question:
and to preclude the Mexican government at this
late date from raising question this subject
All these DEGREES, however, formed a contract, TO
which the only parties in interest were the Mexi-
can government and one OF its own citizens, and
in which no foreign nation would have right
TO interfere; and however scandalous might be the
violation OF public faith committed by confsca
ton Of the grant, neither the Government nor poo
pie OF the United States would have the slightest
ground for interference.
IL becomes necessary, therefore, to consider in
what manner our Government and people have
CURED an interest in this matter and the extent Of
their right to enforce the execution OF the grant.
II will be recollected that by the terms of the
concession Garay authorized to assign his
rights TO any private individual company, NATIVES
or foreigners. He availed himself of this privilege
and made transfers of all his rights, in the years
1916 and ls4T, TO Messrs. Manning and Mackin-
tosh, English subjects residing in Mexico. This
transfer was duly notified TO the Mexican govern
ment. II was fully recog nised and approved, and
on the complaint Of Manning & Macintosh, Pre-