The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-07-28

trActed Mexico as stated in this article On the
contrary, il will be found that they have shown a
spirit OF courteous forbearance ON all the points
where question has arisen; they have suffered
great losses through the perverse opposition Of the
authorities at Vera CruE; they have submitted TO
every imposition. even where their rights were in
contestable; and their surveying parties have. by
their orders, paid promptly and literally for every
article obtained in the country. and in every way
behaved in a considerable and conciliatory manner
toward the authorities and people of the Isthmus
Such declaration of respect for the ordi-
nances of Mexico should GO very far to allay the
jealousy with which that government regards
our enterprising citizens. 1t will permit
that government to look dispassionately upon
the immense advantages to be derived from the
execution of the great work undertaken by the
American company. This will relieve her from
the imputation of violated faith, and will full.
fiji under her auspices the prophetic visions OF
her mighty ancestors.
In view of the important consequences to re-
suit TO Mexico and TO the world from the com
pletion of this work, we will, as journalists,
offer some reasons why the course pursued by
the government of Mexico has been, to use
no other term, impoltic. In doing so, we pro-
fess no particular knowledge of the constitu-
tional powers of the Mexican government; nor
will we upon this occasion consider the right
of one government to construe the rights of
its citizens under the laws of another We re-
gard that as different proposition.
The decree of GARAY is, according to
our reading, a charter of the most solemn
character. 1t is grant by the govtrn-
ment of certain rights to an individual
upon the conditional performance of certain
duties. The relations of grantor and grantee
are distinctly established, and the obligation of
the compact is avowed in the following Ian
guage.
"That in the name of the supreme government,
and under the most solemn protests, he declares
and promises that all and every one of the conces-
sions mentioned in the pre- inserted decree shall be
honorably fulfilled, now and at all times, pledginx
The honor and public faith of the nation TO maintain
the protector, Don Jose de Garay, as ,oeH az anu pr
uate individual company succeeding or representing
him. either natives foreigners in the indisturbed
enjoyment Of all the concessions granted, holding the
National Naturalization responsible for any acts of
its its agents, which from want of proper
fulh.ment of the covenant might injure the inter
est of the proprietors all, of COURSE subject to the
exact tenor of the inserted Decree
We cannot say under what rules a solemn
compact between the government of Mexico
and an individual is construed. But, so long as
ba IF o,to c,,1E IL
grantees, it would be regarded by every
constitutional government inviolabe, without
fragrant disregard of private rights If
under the forms of constitutional government
to which we have been accustomed, any
belief should exist on the part of the gov
eminent that the grantees had violated the
conditions Of their charter, judicial proceed
ing in the nature of quo aca,ranto would be
ordered, and the courts would be directed to
determine how far the delinquent grantee had
departed from the conditions of his charter. and
whether he had forfeited it.
Such has been the course of the governments
of England and of the United States Whe-
ther, tried by such rule, the assignees of GA
RAY would be held to have forfeited their char
ter for acts inconsistent with the condition, we
cannot say. 1t would not seem that the alleged
suspension Of the work under GARAY was the
calse, since the title to the grant is said to have
been since recognised by the Mexican govern
ment ~ the aGsfy of Guadalupe as outstanding
in his transferees. 1t cannot, then, have been
cause of forfeiture
We think the principle of adjudcating differ
ences between government and any party to
a compact is common to Spain, the government
from which Mexico derives many of her institu-
tlons-a government, we may add, long re-
nowned for the scrupulous integrity with
which it executed all its obligations. But
If the Mexican government reserves to it.
self right of discretionary revocation, in spite
of the solemn assurances which we have
quoted, we may be allowed to show the impol-
icy of exercising this power in the present-we
had almost said under any circumstances
Every citizen of government must rely alone
upon the faith of that government to comply
with its engagements. He cannot look to the
courts to compel the government to abide by
their DEGREES. Any individual making con-
tract with foreign government must rely
upon the probity of the contracting govern
ment, or upon the power of his own government,
to compel the performance of the contract.
Neither the citizen or the foreigner can have
resort to tribunal of paramount jurisdiction to
execute contract with government The cti-
zen can rely alone upon the probity Of his own
government. The foreigner upon the DISPOSE
ton or ability of the State to which he belongs
to compel the foreign government to redress
the grievance alleged. Hence, in all consttu-
tional governments, an obligation is observed
with exact fidelity, because no constitutional
power can compel its obedience. Hence the
pecuniary obligations of such nation are held of
the highest sanctity, because there exists no
legal remedy in their own courts, nor elsewhere,
except by war, to compel their payment.
Now, if it be an established doctrine that a
government possesses reserved right of con-
'truction under which it may revoke the most de-
iberate grant, how can it be possible that its
own citizens will enter into engagements bind