The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-07-24
NEWS BY THE MAILS.
Tehus"tepec-0srsy's Alleged Grant.
OUR WASHINGTON coRREspoNpxSCK
WAsHIN0rON lulu % Il

cth WASiiNuTON COkkESP0NDENCK.
WAsHINeros, July ~, 1861.
AS it has been rumored that the Tehuantepec
Railroad Company have opened an Office here, ana
as there lie no doubt but what their interests will DO
pushed both in and out of Congress, it will be as
well that the public should know precisely the facts
of the case, nd the basis Of the present claim Of tho
company, as assignees of Garay's rights, Whatever
they may be.
The Washington Republic, of the 10Th instant,
says -
The grant Of certain privileges by tina government Of
Mexico had transferred 70 citizens These
privileges have been unexpectedly revoked
This statement It's correct. The privileges granted
their own limitation. The question between the
Tehuantepec company and the Mexican govern
ment is not us to the revocation Of existing rights,
but as to the renelcat of privileges expired.
The Bases dc 1acubsyG were temporary and
provisional law, quasi constitution, promulgated
by Santa Anna, at the head Of his army, after
successful revolution, by which he had overthrow
the constitutional government. BY the seventh ar
ticle, Santa Anna reserved to himself diotatorial
power; and IN virtue of the authority OF this article,
granted to d. Jose iaray the exclusive privilege Of
u iight OF way for canal or railroad across tho
istLmus Oh iehusntepec, for fifty years; with an
express CONDITION, however. that If the surveys
not begun and completed within months from
the date OF the grant, and the work commenced
within ten months thereafter, the privilege should
cease, and become null and void ~
Garay, who took the grant in the expec ation of
making speculation by the sale of the privilege,
failed 10 have the surveys made or work co % nenced
within the required time, and the gran. thu, he
came forfeited, null and void, by its own terms
In 1916, Sa!a;, a friendof Santa Anna and Garay,
being President at lDtan', granted to Garay a re-
newa Of his privilege, exteRding the time for the
commencement Of the work for ten months longer
Admitting that under The seveoth base Of Tacu-
baya, santa Anna had full authority 10 make the
graut originally, il cannot be pretended tha. Saas
had any more authority to grant renewal than
Mr.. Fillmore has TO graDs 10 Mr.. Whitney the
tight Of way, and thirty miles on each side OF the
road to the Pacific, for which he has been petition
iTg Congress.
Moreover, Garay was unable to find any pur-
chaser for h. privilege within the time limited in
the renewal granted by SaGs.
Several years afterwards, however, this privilege,
which was not only void for want of any lawful
authority in Saas to grant a renewal, but the
second time forfeited by failure to commence the
work within the tine limited in the renewal, be-
came suddenly very valuable, by the discovery of
the vast treasures OF California. Garay, we'll know
ing that be could not obtain renewal of his privi-
eye from the then ADMINISTRATION Of Mexico,
ceivod the idea Of interesting with him American
citizens. friends Of the administration, whose in1a
ence might force FROM The government Of Mexico q
renewal of his privileges
Thus the chief purpose of the Tehuantepcc treaty
is TO obtain renewal OF Garays privilege. If the
tre atty simply intended to promote the comma
nication between the Two oceans, there woud be no
difficulty. The Mexican government, Congress,
and people, ave anxious to have the work made,
privileges c! Garay.
You mistook my telegraph dispatch, the other
day, in which il was stated that the Efforts 20 induce
this govern men; to interfere, could amoan. TO
thing. | did rot mean, you suppose, that this
government bad abandoned that view OF the case;
for knew nothing os such determination Wha.
was meant was, that the attitude OF the Mexican
government, and its representative here, 80 de-
termined and fixed not To bofJrced into % renewal of
Garay's grant, or any other proposition which looks
TO the enhancement of private con panes, and not
to the stability national Importance Of the work,
tha, il useless for the government hero to inter-
iere: A fair and liberal treaty, presenting the fea-
lures Of that With New Grenada, will mes. with tho
approval of Mexico, and none other.
As TO the American government Interfering in
any other way than by courteous aud peaceaole
negotiation, j. is out of tn, question. Even il Ca
lay bad rights which he has not, they having
exliied-it could aft q this government no excuse
for interference IL woald be question 20 be tried
before the tribuaG.s Of Mexico. And IL this were
not so, why do teei!ly admit is, by negot,a,insa
treaty at all! y t..