The New York herald., 1851-07-31


every encouragement and assistance that . subject
so deeply interesting To the nation was calculated
to elicit. Mr. Letcher Was instructed to inform the
Mexican government OF the desire Of the holders
of the grant commence their work by q tho
rough resurvey OF the isthmus, as full conhdence
was not reposed in that which had been made by |
the engineers employed in lSA2 and lSi3, aud 10
make overtures for treaty OF joint protection OF
the work. The Mexican government made not
the slightest objection did not suggest donot OF
the rights of tas company forwarded passports tor
their engineers ana officers, and issued orders TO
the departments of Onjaca and vera Cruz 10
avoid interposng sry obstacles to their work, put,
on the contrary, afford them aid and hospitality
This occurred IN April, 1850. The engineers were
accordingly srut, the ports thrown open Ior their
supplies, and IN N one hundred thousand dol
lars have already been expended in the surveys
and in opening and cutting roads through the most
broken part Of the country.
On the application for q treaty, the Mexican
President and the caoinet desired that mod6ca-
tion should be made IN the terms of the grant, and
especially that the company should We up its
right to x rs own rates Of toll for goods and pas
sengers, and should consent to admit the joint
troll OF the two goverbinepts on that subject They,
therefore, ntroduc ID ~ clause to that effect in the
treaty, and as IT WAS perfectly understood that the
rights OF the grantees could not be affected with
out their own consent. another clause of the treaty
provided "thst the actual holders of the grant
should o their assent to the treaty before its rat-
fcstion by the two governments" And in this
form the treaty WAS concluded in Mexico, between
Mr.. lyr.chsr aud the Mexican President and
| csbinst.
lis difRcuk to conceive how, after such action
NJ this, the Mexican government can now pretend
that there exisis no graas-thst the concession l"
utterly null aud void
4 This is not all no sever. On the arrival Of the
treaty in this country the holders of the grant were
invited by the Secretary of state, TO examine IT, In
accordance with it's terms, and TO SIGNIFY thelr sP-
proval or dissent bn examination, although salts
| fed with the provisions Of the treaty, they were
fearful of future difficulties that might arise from
the ambiguity OF certain passages, aud declined TO
l ~. tn WhI
The treaty was sent pack to Mexico, In the
| meantime new election Tor The Presidency OF
| that republic had been held-a new President IN
I augurated-a new ca sbnet formed. On the applicl-
tion for amendment OF the treaty, the requests OF
| the guarantees, through their government, were
favoiab!y considered many of them accorded, and
d new treaty negotiated During this entire nego-
tiaton, rot hint wa. thrown out, not suggestion
made, indicating on the part OF either Of the two
Presidents Of Mexico, or any member OF the two
successive cabinets, doubt as to the entire validity
and binding force OF the grants and DEGREES above
related, to the titles OF the present holders
| And it is perhaps worthy OF remark, that they
| were both negotiated IL the city OF Mexico, by
| Manuel g, Pedraza, an ex-President OF that re-
public, and at tLat time President of the Mexican
| senate.
The second treaty was sent to this country for
| approval and ratification, and on the 18th Febru-
airy, 1851, the following letter was written, VIZ
| DEPARTMENT or SrATE, !
WASHINGTON, 18th February, ISL.
To P. A. HARooUs, Esq, Washington -
SIR IL haze to inform you that convention be
| tween the United states and the Mexican republic,
relative to q transit way the lsthmus Of Te-
huantepec, was signed in the city of Mexico on the
18th ultimo As its twelfth article requires that
the holder of the grant conferred by the Me xican
government, pursuant to its decree Of the lst of
| March, 1872 shall Gle his assent to the ntsn,
in the Office of the Mexican Minister at Washing
the Senate of the United States, you requested
TO call at this department, for the purpose Of eX-
! amining the convention.
/ am, sir, very respectfully,
| Your obedient servant,
DANIEL WEBSTER.
In compliance with this invit alton, the treaty was
! examined by Mr.. Hargous and approved for him
elf and in behalf Of the company. The treaty, to-
gether with the titles TO the grant, we're submitted
to the Senate, unanimously approved, and ratihed
and the treaty was engrossed, signed and returned
In the meantime, and before the treaty had been
| sent back TO Mexico, Pedraza had died, and sud-
| den change seems 70 have occurred in the views,
opinions and feelings Of the leading men OF that
country. 1t would not be proper, ut this time, to
state the nature Of the influences brought 10 bear
on the subject, nor the parties most actively en-
! gagged in exciting feeling Of hostility towards the
people OF this country, with the VIZ" OF defeating
the enterprise. 1t suftces to state, that law
ntroduce eJ into the exicsn Congress, add passed,
| whereby the Congress declared "that the decree
of General Sslas, of November, 1876, was null aid
void, because he had DO power to make such de-
cree"
This Is the only action Of the Mexican Congress
the subject; and alt ough the evident intention
is TO snnul the original grant made by santa Anna,
in lsi2, yet, as no pretex' could be invented Tor
attacking it. the com nttees of the Mexican Con-
gress driven in their reports to the two houses
70 rely solely the grous6 that Salas was without
| the power to grant to Garay delay OF two years
\ for commencing his work, feeling certain that If
they could succeed in this point, they would be able
afterwards 10 attack the original grant, on the
ground tha. the work had not been commenced in
sufficient time.
\ Lett ha in nird- Mar
has neither annulled the original grant nor rejected
the treaty. The rights of the company are pre-
cisey such as they were prior to the Law Of the
Mexican Congress, with this single exception-tha.
the law just passed affords pretext ON which the
government might bring suit again st the company
| to snnul ts grant.
! Whether the pretex. thus sosght By the Mexican
| Congress can be made available for the intended
! purpose, Ia the mex. subject for consideration
| Ii might be sufficient this point to say, that
the government vt Sa!as was government, IL
jacto, and that the universal principle oh which oil
civilized nations act, s to consider that the govern
ment actually exercising supreme power in q
country is entitled TO represent tina; country in all
foreign reloiions, and that even II is powers are
usurped its acts are as bi1ding as would De those
Of a regularly constituted government Our coun-
tIy, in is relations with others, never undertakes
10 determine whether the parties found in posses
sion Of the sovereignty are riyhtfuy entitled to it,
but treats with them having the urd doubted
authority TO act, and TO bind the country whose
destinies are at the d oment under their control.
But the aTpicaAon Oh this general principle Is
not required in the present case, srd PLAIN re-
citsl Of the history of Salas administi aords
the ampes refuistion of the position now, for the
first time, assumed by Mexico.
In his frOguys LInSnfo when he came into power,
he declared that the cessation Of ell anterior pscts
is indsI ensable because they all either affected
with nullity, Teyuguant to portion of society;
but the common law which is ia full force, and
those which this provisional government will pub
lish will, to y certain extent, Gil the '9id created
by the present state Of things"
80 that, on aSspniny the power. he declared him
stlf authorized 10 make and publish laws, OF, in
other words, declared himself dictator
After having accomplished his purpose OF creating
federal system OF government, after causing 20 be
held an election for Pre- scent, which resulted Ia
the choice Of san a Anna. and after convoking the
Congress in order ~ surrender his dictatorsbiP. he
Irocee dod, through his Minister vi Foreign Res
t,ons 70 reader account 10 Congress OF what he
I 1aI