The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-06-11

we must ssv' moi very satisfactory pieces of ntel-
gence-lhe rejection 81 Tue lseuao.spsG usay ~ 'ns
Garay We had hoped that an improved state OF feeling
among The Mexican people, and their gradual disen,hra
nen ron ancient peJu0ices, would have had sufceni
effect on he national Legislature to induce willing rail-
hcaton OF the treaty We regret that in this expec
tsons have not been fulfilled, anything that
inepose obstacle the accomplishment OF that great
work in which our city, together with the whole coun
n.y. deeply interested, should be viewed by every
one with with sincere sorrow. Yet we have no right
neither have we the disposition, TO complain that Mexico
has not viewed her Interests in the same way that W.
them and that she has refused what She an inde
pendent nation had perfect right 10 refuse Though IN
rejecting the Tehaantepec treaty. she may have evnced an
unfrendly disposition towards this country, with which
her aDeceden history should have taught her ~ always
much the best policy TO cultivate friendly relations, yet
BY that simple act she has not given us any Iusl cause oil
offence.
but in regard to The annung of the grant to Garay
the case very different, and we are mistaken our
government will, by acknowledging the act. permit The
Eghls Of citizens TO be oyerfuied As me ALTAR now
stands, the door opened wide Tor negotiation, which,
ii we may Judge from Mexican negotiations generally,
must be long and tedious unless the United States
hibit in The the hrmness and energy requisite 10
make Mexico recede from her position,
As the interest which the United States has in the mat
ter may be generally understood, think II proper
to say few words in order to place the subject in
clearer light few days ago we gave translation Of
an article from the Irdn Union, French paper pub
shed in the city OF Mexico in which the falacy OF the
arguments oil The committee OF the Mexican Senate were
ably exposed. The Iiau PUnion, however, refeneu
only The action OF the Senate regard 10 the decree
Salas, which granted 10 Garay delay OF two years A.
understand the last news, Congress has annued ihs
though makes but little differences for if the prolon
CATION be annnlled, the original grant is forfeited Tor
non
Tn examining the history of the Tehuantepec grant, in
order TO how the United States its citizens
became party ~ interest," we find that IN the month OF
February, ls42 Senior Jose de Garay addressed
rial TO the Mexican government setting forth the ad
vantages TO be derived from opening inter oceanic
communication across the ishmus OF Tehuantepec, and
asking for concession Of the right of way in order that
the enterprise might be undertaken Subsequently, on
the ls of March OF the year, Santa Anna, then
President OF Mexico issued a decree granting the re
Quired concession together with certain privileges and
IemuneTalions, and imposing certain conditions the
grantee year afterwards SeG)r Garay addressed
another memorial TO Senior Bocanesa, Minister of For
eign Affairs, asking to be put possession of the waste
lands granted 10 hy by the rst Decree and giving an
OF the progress he had already made. This
answered with order requiring the of Oajaca
and Vera Cruz place the specified lands the disposal
of Senior Gaiay In this year extension of
year granted for the commencement OF the work
Up 10 this time there is no flaw in the title. Every thing
is clear and explicit
The intervention of unexpected obstacles, such the
difficulties with the United Safes at this period, again
deferred the commencement OF re work, and accordingly
find that the 5th of November, 1896 decree
issued by Gen. Saas, then Dictator confirming the decree
OF the Isl OF March, 1912, and all the subsequent de-
crees.
The Mexican government, or at least the Mexican SEN
ate asserts that this decree OF Gen Saas is null and
void, for OF authority in him to issue it, They
have very suddenly discovered that Saas had no right 10
do anything tba; mol intended expressly 10 maintain
the honor OF the naon and that anything done beyond
this limit is OF effect But this is manestly absurd
because that time Gen Saas de aco The govern
ofMexico, and such, invested with all the pow
ers and privileges apper'anlng TO the government OF
nation And, moreover his government is as much
government de iure any the Mexcans accustomed
TO have, since there are not, in the whole OF Mex
lean history three instances of administrations
chosen according 10 the constitution OF the country III
the acts OF Saas be sci aside because he only
provisional President would be Difficult, to find any
law al all in Mexco fer nine out OF ten OF their many ad
minis ra,ions have been brought into power the tide
Of successful revolution In act Mexico is OF those
countries where revolutionary government Is the rule
and cons iiuonal authority the exception. If national
usage 10 be the rule OF law, IL would be much
Just annu the DEGREES OF Asa, constitutional Presi-
dent, being the acis OF extraordinary government
than those al Salss who chosen in the usCal way
But the Mexican government itself has sanctioned the
decree OF General S.Ia- and has, since the time il
issued actually made lis existence ground OF refusal to
negotiate The subject OF granting right OF way across
the is,hnus OF Tshusniepec IL will be recoeeted that
after the battles Of Conerss and Churubusco, nego,ia
tons opened al Tacnbaya. with view 10 the
clusioa OF treaty OF peace. During these negotiations
the American commissioner, Mr. N P. Tris presented
to the Mexican commissioners "proet of a treaty."
article 8 Of which is in the following words:
"The government the I'm ted Mexican States hereby
Forever coucede and guarantees to the and
citizens OF the United aies the right transport
the sthmps OF Iehnantepec from sea 10 sea, by whatever
means OF communication may AT the time exist whether
Whatsoever the natural produce the United States,
products OF ITS manuacones or the products and man
uidourrs OF county Whatever belonging the
ment citizens OF the United States, well the free
right OF passage TO MI citizens Of the United States The
government OF the Uned Me rcan States equally dies
and guarantees 10 the add citizens Of the Unit
ted States the right OF their
and the articles noressid it, citizen.
railroad canal which may hereafter be constructed
ssd isthmns, he her W tn. the
United Mexican States, by Its authorization, paying
only such tolls mny be established and other or
shall be posed collected
cles merchandise mentioned, belonging the govern.
and citizens OF the United States the person,
OF said citlzen- for ssd railroad canal
None OF the safd articles, be they what they may which
may said hmus from sea- In either di.
region, whether by the present eommunca by
railroad or canal which may hereafter be made with the
object OF being port Of The United States
oil any country, shall be subject the of
duty whatever, whether OF importation expectation.
The two by this article promise, with It
tie delay possible mutually agree upon and establish
such regulations may be deemed necessary avoid
raud and smuggling in consequence Of the right OF way
hereby granted aud perpelusly guaranteed to the govern
ment and citizens OF the United States"
The prot, OF Mr.. Trist having been submitted 10 the
council OF Ministers they issued another set OF ins,ruc
lions TO the commissioners. No Of these instruction.
ia rs follows:
In relation TO the priviegcs solicited by the omen,
OF the United States to navigate the rivers OF Tehusne
pee 10 usfc by whatever road way msy be estab
Isbed between the two the Mexcan government
las offer, most that The Mexican
viii lake into consideration the friendly relations which
may be maintained by the United States with the Mex.
can governments aud with reference the coo6de nee
winch IT'S conduct may inspire Il ought doubt OF
other nations
a note accompanying makes these more explicit, re.
IN article eight OF your proet the concession Of free
passage oy me isthmus OF Tehuane Southern