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


constutionaliy and invsldy OF the decree of the 5h
November 1916. at the time arrested the attention
oil the Mexican executive but, inasnuch as the time
limited in the decree had elapsed. that branch of the sub
ect was left untouched by the executive who referred il
TO the consideration OF the Congress.
II is hardly susceptible Of doubt that even in ls4ol
Garsy might have obtained from the Mexican Congress
another renewal OF his privilege by udcious concilia
tory and respectful application, accompanied by some as
suIsnce or guarantee that il his intention in good
faith TO make The road and not merely speculate BY
sale OF his privilege. The Mexican executive has given
unequivoca evidence of its earnest desire topomote not
only the Tehuantepec route but all other Internal i'm
provemenis necessary The development OF their rich
and YET UNEMPLOYED mines Of wealth; and is not
be doubted that in this the executive would have been
cordially seconded by the Congress.
But Mr. Gaay thought best to enlist in this country
an interest which, by its control the cabinet would
bring ..the strong arm of the United States to enforce"
bis alleged claims
have before the report OF the Tehuantepec COM
mittee to the citizens of New Orleans published in the
New York Herald OF the 9th November, 1850 They
make no mention OF the notice given by the Mexican
government, in ls49, 10 Gaay OF the expiration and for
fixture Of his privilege They say that the inquiry as
to the validity of the grant has resulted 10 their entire
satisfaction" Buthey add that (either from some doubt
in their minds OF its validity, else to guard against
the fyeaeery and faihessness" of Mexico) they had
made all sure by repeated interviews with the Secretary
of State. who considered it" not an open de-
bateabe point and assured them that in the prosecu
ton Of the work they would be upheld and maintained by
the strong arm Of the government"
To cure the defects of Gaays title occasoned by his
failure to fulfil the conditions of his grant-n other words
to obtain from Mexico reneuai OF his neutrality-suspicious.
for treaty proposed. The Mexican government,
anxious promote the great object OF securing railroad
communication through the Ishmus and no less anxious
TO crafty and conciliate the American government made
treaty, which, however, carefully excluded the conclusion
that Garays grant intended be renewed thereby
This treaty has not been ratified by the Mexican Con-
gress, and probably will be ratified so long as
threat is held out of enforcing Garay's rights by the
strong Of the United States.
The Tehuantepec Company claim that this unratifed
treaty amounts to formal recognition and confirmation
of their rights purchased from Garay and which they
expect the of the United States enforce by
war; if necessary The position ID peposerous, because.
first the treaty carefully avoids renewal OF Garay's
grant, and provides for resale OF the privilege pub
lie auction, with the conditions imposed by the Mexican
governments" and, secondly, because until ratified by the
Mexican Congress- the treaty is blank paper. and
the fact of presenting that Congress for rathca
ton admits tina. such is the case
The Tehuantepec Company also insist what they call
"the formal recognition" made by the Mexican commits
soners the minister Of the United States, in reply to
his application for right of way the isthmus of
Tehuantepec. when the negotiations pending which
resulted in the treaty Of peace with Mexico the 9th
September, ls47, as follows
"We have already informed you verbally, that some
years ago this concession was granted by the
to private individual, who, with the authority of the
same government. had conveyed it to English subjects.
&C., &c, of whose rights Mexico cannot dispose"
Now, first admitting that the decree OF Saas of 5th No
vember. 1916, was valid and binding on Mexico, the
Mexican commissioners correct in what they then
stated But the two years having expired the 9Th No
vember 1885, and long before the purchase made by the
Tph enc (,nmnanV ri0hf fnrfa hv
non compliance with the terms OF the grant.
2dly. Though the decree of 9Th November, 1885, was
invalid. still the Mexican commissioners right in
declining take upon themselves the responsibility of
treating it such until the Mexican Congress should
have first acted thereon
3dy. Such an admission could under circum-
stances. be binding the Mexican government, unless
incorporated in the treaty and afterwards solemny rat
fed by the Mexican Congress Will either the dlstin
guished counsel OF the company. Mr. Benjamin, risk his
reputation q lawyer, Mr. Webster his a states
man, by asserting the contrary
In one instance, and in instance only, has the
Mexican government acted somewhat inconsderaiey in
this Tehuantepec business. In their anxiety that
route opened well TO respond cordially and promptly
10 any request made by the American government, the
executive OF Mexico consented TO permit the New Or
leans Tehuantepec Company TO send out a surveying
party pending the negotiations for the treaty by which
il was proposed 10 secure renewal Of Gaays grant II
that grant should be renewed and the enterprise
should pass into other hands, the expenses OF that expe
diton may prove entire loss the New Orleans
pany Should this be the result is attributable entirely
to the lludged and hasty action OF the company them
selves On this branch OF the subject find in the New
York Courier and Enquirer the following sensible and
appropriate remarks;
But it is said that bad faith has been prsctsed upon
the Tehuantepec surveying expedition. We have yet to
learn wherein. President Arsa, after asserting TO the
treaty himself, not doubling, presume its final ratf
cation authorized Major Barnard and his assistants 10
make survey OF the projected Tehuantepec route, and
instructed the governments OF Vera Cruz and Oajaca To
lend every facility to this object It, however soon be
doubtful whether the Mexican Congress would
confirm the treaty, tina, the Mexican President felt called
action OF that body. The expedition, however pro-
ceeded They landed at the Coatzacoacos, though pro-
hIbed by the Mexican authorities, and notwithstanding
il il not port OF entry They deliberately set at work
upon their survey and persisted in spite of several
getic measures taken to prevent them. Finally they
ceved perempory ORDERS moi to quit the county, has
been said but to suspend their operations, and soldiers
despatched TO enforce the prohibition. The sur
veying party thereupon returned home, and their employ
commence the road Our New Orleans friends seem to
be ardent about the matter n southern can
make them but we fear their indignant zeal is outrun
ming their sober discretion. The Mexican President had
perfect right to revoke his permit TO the expedition
grant originally; and though that revocation ii
all OF It's consequences hsd been strictly carried out,
would have involved the company in loss OF all its pre-
lImnary expenditures, certainly does not furnish ground
for complaint aimee the expedition according 10 its state
ments, completed in defiance OF the Mexican authorities
all OF the material paris OF the survey. The pfesen
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