Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-07-31
From the National Inteligencer Of July 26l
THE HISTORY OF TEHILA NTEPEC AFFA[R


TO gather them from public documents and other
sources. That engagement we proceed to redeem.
In February 9l2, Don Jose de Garay presented
petition TO the Mexican Government, santa Anna be-
ing then PRESIDENT setting forth the immense adyanta-
ges that would result from communication by railway
or ship canal across the lsthmus OF Tehuantepec, and
submitting proposals for executing such work TO
these proposals the Government acceded and on the
inst day OF March OF that year decree was issued
by Santa Anna where by the exclusive privilege OF con-
strncilng The work was conceded to Garay. The de-
cree also made grant 10 him OF "a the unoccuped
lands for distance OF ten leagues, either side OF the
line OF communication, in lee simple" The Govern
ment also engaged that the contractor should have
every protec ion and assistance, well for ellecting
the survey as tor carrying on the works." Suudry
conditions were annexed to The grant, one Of which
that the contractor SHOULD cause to be made at
ms own expense survey OF The ground and direction
which the road should follow, and also of the paris
which may be deemed most comnodious; all which
shall be concluded at turthsst within the space egh
teen months from the date hereof aud the work shall
be commenced within the space OF ten months next
thereafter. A contract was drawn up in conformity
with this decree which was sigued by Don J. M. de
Bocanergra, Minister ofthe Home Department, and by
Jose de Garay, ofwhich the following is trdnsa-
ton:
"1hat for the ulilment of the preceding decree and
IN accordance with the enactmens OF the Supreme
Government, it was determined to draw up and exc
cute The title deeds to which it refers, efecng them
10 the best and most binding form, and there fore he de-
cares that, in the and with the power ofthe Su
peme Government, fully and extraordinarily authorized
by the before mentioned seventh clause and by its
al tenor, he grants to Don Jose de Garay the exclusive
power OF opening and constructing in the Isthmus II
Iehuantepec communication between the Pacific and
Atlantic oceans, with the obgations rights and adyan-
tages contained In the pre- inserted decree ed the LIST
instant, concedng to him, in full right of property and
dominion, all the waste lands in the shmus with len
leagues either side of the projected communication
granting to him also the right possessed by The
nation OF making use oil the private property for objects
of public utility, thah may acquire the grounds neces
sary Tor the transit, including the space OF one-fourh of
league either de. with due and previous renn-
neration to The propretors according to valutalon
and without regard to the increased value which the
grounds may afterwards acquire 10 consequence of the
projected works and the expenses incurred by the par
ties efecng the communication; and under no excuse
whatever will the Government lay any tax or Utmost
upon any of the articles passing through the sthmus
during the period in which the proprieors OF the
ansit shall have the exclusive enjoyment of its pro-
ceeds well he regu alton OF its tariff rates. as men
toned in the seventh and eighth clauses.
That in the name OF the Supreme Government an
under the most solemn protests he declares and prom
SEES that all and every one of the concessions men toned
In the prenserted decree shall be honoraby fulfilled
now and at all times, pedgng the honor and public
iah OF the nation TO maintain the protector Don Jose
de Garay, as well any private individual or comma
ny succeeding or representing him, either natives or
foreigners in the uhdiSturbed enjoyment of all the CON
cessions granted holding the national administration
responsible for any acts Gifts its agents. which
from want OF proper tuhlment OF the covenant might
n]ure the interest OF the propretos all of course snb-
ect 10 the CT of the inserted decree And
Don Jose de Gatay being also present, and whom
hereby certify know, said that he had accepted and
again accepts the above mentioned contract, and So
emny submitted TO all and every of the conditions
therein expressed, according to The tenor OF the pre-
inserted decree OF the Supreme Government; and he
willingly consents to forfeit the privileges granted to-
him, and whatever sums he those who might succeed
him should have advanced, if by an Unforeseen event
the line OF communication shall not be established; and
he is also willing that the enterprise should be held
bound to fulfil all that is here agreed UPON And his
he lin ot A.
same Don Jose de Garay in their respective capaci-
ties, any laws in their favor and hold this as
the most binding obligation accepting and taking for
granted any additional clause which might make still
more so.
at was SO declared and signed by his exceency
the Minister and also by Don Jose de Garay and wit
messed by Don Manuel Madariaga, Don Manuel Ro.
jo and Don Jose Mandoza OF this city; which 1 GER
nfy.
81. M. DE BOCANEGRA.
Jose DE GARAY.
FRANCISCO DE MADARIAGA,
Notary Public and National"
Garay Immediately set about the fuI6ment of his
contract A survey was commenced and in less than
months was completed.
On the 9th of February, 1s43, the Government hay-
ing been notified by him of this fact directed the Cover.
nors OF OaIaca and Vera Cruz to put him Gin possess
sion OF the untenanted lands that lie between ten leagues
OF both sides OF the line of the road" and 10 afford him
every facility and protection in the prosecution of the
work.
decree was issued on the same day by Bravo, THE
Provisional Presdent,) declaring that the grant inclu-
ded all lands the line of the road that were "ac.
tuay untenaned and uncuvated,' although the same
might have been granted to other persons prior to The
grant to Garay.
By subsequent decree of Santa Anna the Cover.
nors Of Oajaca any Vera Cruz directed to send
three hundred convcts to the ishmus to be employed
the work, the contractor to clothe and feed Them
and to supply them with the necessary tools and i'm.
plements.
On the 2sth December 1S43, BY another decree of
nj
postponed Tor one year. And finally on the 5lh No
vember, 1916, decree was issued by Don Jose Mari
ano de SaIas, then exercising the Supreme Executive
power of the Republic, whereby the preceding acts and
DEGREES confirmed, and the period limited for the
commencement OF the work was extended for 2 years
Some time after this decree, Garay, with the know
ledge and consent OF the Government he contract be-
ing its face transferable either to Mexican citizens or
oregners,l transferred all his rights in and under the
grant to Messrs Manning and Mcintosh, British mer-
chant residing in Mexico.
Our Government appears not to have been aware of
the existence OF the grant, and when the negotiation
for treaty OF peace between it and Mexico going
our Commissioner proposed that an article should be
inserted in it granting the right OF way across the 18TH
mus to the United States and their citizens.
To this proposition the Mexican Commissioners re-
Piled that 1t was out OF their power accede TO it, for
the reason that, some years previous, The Mexican Go.
venment had granted the exclusive privilege of making
communication across the lsthmus and that this pr.
VIege had teen transferred, with the sanction of the
~ .iI ~ ~ ~ " whose rgnts fieXl-
co could not dispose. The English subjects alluded to
subsequently, transferred their rights to this privilege 10
certain American citizens, who now hold il.
An association OF merican citizens was soon form
cd TO carry out project which not only promised to be
hlghly advantageous to the individuals who might en-
gage n It, but VIII oh, in consequence of vast pos
sessions on the Pacific, to which had given
an unlocked tor importance had become of ncalcuia-
bic importance to The marion at large. 20
Before embarking, however, in an enterprise which
would necessarily involve a large outlay OF capital
these citizeos wished to obtain in some way the pro-
lection o. their own Government, not only against any
possible invasion of their rights by Mexico but by for
egn nations: Negotiations We're accordingly entered
INTO by our Government with Mexico on this subject
Bui the object OF these negotiations was not as has
been enormously supposed, 10 obtain recognition by
Mexico OF The grant TO Garay On the contrary the
validity OF this gram had not at that time been even
questioned. and we have that it was urged by
Mexico as an nsuperabe obstacle to her granting the
right OF way to our Government. The object of the
ilealY Sin1nIu q