The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-10-05

r. of Tacubaya had become obsolete the dictatorial
nor Of Santa Anna had ceased. and the
authority TO renew the grant returned TO. and became
vested in the Mexican Congress alone. The executive
of Mexico thereafter had authority to renew the
grant than President Fillmore has without the Of
Congress- 10 grant to Mr. Whitney right OF way the
Pacific and thirty miles OF public lands each side of
the road.
Two years ater--to wit. in ls46--Ssas assumed the
eins of government provisional President, and the
5h November. lS4o, the application OF Gaay Issued
decree, by the first article of which, the obsolete decree Of
the OF March, ls42 revived and confirmed. and
by the fourth article the for the Of
the work further extended for two years moe TO be
reckoned from the date of the publication OF this decree"
IL thus appears from the OF the claimants of
the grant themselves
lst That the original contract with Garay illegal
and void inasmuch not entered into until two
months after the decree OF the LIST March, 1s42 had
expired by its own express terms
ID That admitting the contract to have been valid, as
having been entered into pro tune, Gsrays rights
under the decree OF the LIST March, ls42, forfeited
by his failure 10 commence the work before the LIST jan
uary. lS43.
3d. That after his privilege had been renewed by the
decree of the 2sh December, ls43 again forfeited
by his failure 10 commence the work before the 2Sth De-
cember, 1874.
By the above proclamation of the Mexican govern
ment will be that the subsequent decree OF the
5th November, 1885, has been declared null and void.
because Saas President, had no authority either to
grant de such exclusive privilege, EN-
bracing as it did grant OF thirty miles of the public
domain on either side of the proposed road.
Ii has been officially announced by the Tehuantepec
Company that the government OF the United States will
make this act Of the Mexican Congress national af
fair that the thrice forfeited rights of Gaay will be
upheld and maintained by The strong Of govern
snt !" and that "the great statesman now having in
charge foreign relations (Mr. Webser) considers it
"as not even an open or debatesble point"
1t is TO be hoped that there is misrepresentation
of the views of Mr. Webster, that, at least the peo
pie of the United States will pause moment before they
make on Mexico for the sole purpose of enabling
an Individual to make successful and brilliant specula
ton Too many instances have already occurred of late
in which the honor. good faith, and public interests OF
the nited States have been sacrificed TO promote the
priuafe specuations of the clients of of the
beers OF this wing administration.
Il must be admitted that Garay's alleged rights
depend wholly the validity of the decree Of Salas OF
the 5th November, 1916, which the Mexican Congress
has declared null and void and the validity of that de-
cree only be maintained the ground assumed by
the Tenuantepec Company, which is, that Salas came
into power by revolution, and that. not having been
regularly and consluionally elected, his authority
absolute and unrestraned by the restrictions imposed
constitutional or de jure President
The Mexican government and people have since rec
ognsed that the revolution made Salas President de aefo
and SUCH they have acquesced in all the acts of his
brief rule which within the legitimate sphere and
limit OF presidential or executive authority But they do
not adm-and surely the government OF the United States
cannot coDend-hat because he able to take posses
sion by force of the presidential chair, he thereby be-
came possessed Of than presidential executive
power.
If such be the doctrine OF Mr. Webster and the pres
ent cabinet let US see where it would lead u.s. on the
principle of doing unto others as we would they should
do unto u.s. Suppose a between England and the
United States; that British army should invade
ri,ory and, having defeated troops in repeated
gagemens, should threaten capital that Amer.
can army should be concentrated Washington; that
the general in command should make apronvnciansnto
upset MIR. Fillmore, and declare himself provisional
President; that being thus President de aco, he should
grant to American citizen the exclusive privilege Of
making railroads and canals in the United States and hr
ty miles Of public lands each side OF the lines OF such
railroads canals Suppose that the grantee, anticpa
ting that the Congress OF the United States would Ques
ton the validity OF such grant unless upheld and
ointaiaed By the strong arm OF some foreign govern
ment, should 20 London, and transfer his exclusive
privilege 10 British subjects Suppose, also. that when
the and quiet restored, the Congress OF the
United States should declare that the grant null and
void for OF authority in the usuping President de
aeo 10 dispose OF the public domain without the consent
of the Of the people, and that thereupon
the British government should threaten tomake it nation
az dUdu-O ''upnofo buOnR arm Inc
rights thus acquired by its subjects should refuse to
consider as open debaeable point" and demand
that the grant should be- recognised and confirmed by
treaty.
In such case, would the people of the United States
submit TO such demands from the British government
And will they, because Mexico 10 poor, weak, and dis
tracted" force upon her demands which shock the
mon sense OF America, and which they would spurn
with Indignation if presented to themselves by England
But let il be admitted, for the sake OF argument, that
Saas merely President de faeto Admit that his
successful usupaon OF the presidency by force could
have the effect OF suspendng all the guarantees and pro-
hibons of the constitution, OF suspendng the functions
OF the Mexican Congress- and Of extnguishing for the
time being the rights and liberties OF the Mexican peo
Pile Admit that he was commended, dictator with
absolute and unlimited power to do with the people and
territory Of Mexico a. he thought proper and that as
such all his acts binding on the Mexican govern
ment
VIVA, follows'
By the fourth article OF his decree OF the 9Th Novem-
ber 1885, the term for the commencement of the work
was limited to two years, be reckoned from the date Of
the publication OF that decree. Was the work CON-
menced within that time In the pamphlet above.
toned il is stated in a note that :" the work
nencea within the time prescribed, and has since been
continued" But the elaborate and able report of the
committee OF the Mexican Congress clearly shows that
this statement is incorrect; that the work was not
menced within the time prescribed by the decree Of the
5h November 1876 and that under that decree the
exclusive privilege was a third time forfeited by