The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-08-04
THE REPUBLIC.

to the government of Mexico for a right of way in
favor OF the United States across the Isthmus of
Iehuantepec. The commissioners empowered by
Mexico 10 treat with him replied, that Mexico
could not treat on this subject, because she had
several years before made grant TO one of her own
citizens, who had transferred his rights by the
thorizaton OF the Mexican government TO English
subjects Of tUh0Se rights MEXICO could not dispose
declaration 90 important as this could not fail
to awaken the attention and excite the interest of
every American citizen. Mexico had declared, on
the most solemn occasion of public intercourse be-
tween nations, that the grant, in her estimation,
was beyond question; that its validity admitted of
no doubt. Fifteen millions of dollars are offered
for the SALE and she replies, 'I cannot sell, be-
cause what you want 10 buy belongs TO others-to
English subjects" Accordingly, Mr.. p. A. Har
gous, native of Pennsylvania, but whose long ex-
perience in the trade with Mexico had enabled him
TO appreciate the immense value of this grant, be-
came its purchaser from Manning Il Macintosh,
and subsequently associated with him in the prose-
cution of the enterprise a company of citizens Of
New Orleans.
Before commencing their works, these Ameri-
can citizens were, however DESTROYS OF ascertain
ing beyond doubt the honest intention of Mexico
TO forward this great enterprise and also of shield
ing themselves under the protection of their own
Government against the dangers arising from
the constant change OF rulers and forms of govern
ment in that country. They therefore applied
TO their Government for this two-fold object, and
met with every encouragement and assistance
that subject so deeply interesting to the nation
was calculated 10 elicit. Mr.. Letcher was instruct
ed to inform the Mexican government of the desire
of the holders Of the grant to their work
by thorough resnrvey of the Isthmus, full con-
idence was not s,posed in that which had been
made by the engineers employed in 1872 and ls43;
and to make overtnres for treaty OF joint protec
ton of the work The Mexican government made
not the slightest objection did not suggest doubt Of
the rights Of the company, forwarded passports for
their engineers and officers and issued orders TO
the departments OF Oajaca and Vera Cruz, toavoid
interpreting any obstacles to their work. but, the
contrary, to afford them aid and hospitality This
occurred in April. 1850. The engineers were
accordingly sent, the ports thrown open for their
supplies, and more than one hundred thousand dol
lars have already been expended in the surveys,
and in opening and cutting roads through the most
broken parts of the country
On the application for treaty, the Mexican
President and cabinet desired that modification
should be made in the terms of the grant, and
peciay that the company should give up it's right
to fix its own rates of toll for goods and passen-
gers, and should consent to admit the joint con-
troll OF the two governments on that subject. They
therefore introduced clause TO that effect in the
treaty, and as it was perfectly understood that the
rights of the grantees could not be affected without
their own consent another clause of the treaty pro-
vlded "that the actual holders OF the grant should
file their ascent to the treaty before its ratification
by the two governments" And in this form the
treaty was concluded in Mexico between Mr..
Letcher and the Mexican President and Cabinet.
1t is difficult to conceive how, after such action
this, the Mexican government can now pretend
that there exists no grant that the concession is
utterly null and void!
This is not ALL however On the arrival of the
treaty i'll this country, the holders of the grant
were invited, by the Secretary Of State to examine
il, in accordance with its terms, and to signify
their approval dissent. On examination, al.
though satisfied with the provisions of the treaty,
they fearful Of future difficulties that might
arise from the ambiguity Of certain passages, and
declined 10 approve it, stating the clauses which
amendments were solicited.
The treaty sent back to Mexico. In the
meantime new election for the Presidency of
that republic had been held--a new President in
augurated-a new cabinet formed. On the app-
cation for amendment of the treaty, the requests
OF the grantees, through their Government,
favorably considered, many of them accord
ed and new treaty negotiated. During this en-
tire negotiation not a hint was thrown out, not a
suggestion made, indicating the part of either
Of the two Presidents of Mexico, or any member of
the two successive cabinets, doubt to the en-
tire validity and binding force of the grants and
DEGREES above related, nor as to the titles of the
present holders. And IT is perhaps worthy of re-
mark, that they were both negotiated in the city
of Mexico, by Manuel c. Pedraza, an ex- Presi-
dent Of that repubc, and at that time President of
the MexicAn acnete.
The second treaty was sent to this country for
approval and ratification, and on tho 18th Februa-
ry, 1851, the following letter written, viz;
DEPARTMENT OF STATE,
WAsHISoroS, 18th February, 1851
To p. A. HARGous, esq, Washington:
Sin: have to inform you that convention be-
tween the United States and the Mexican republic,
relative to transit way across the Isthmus of Te-
huantepec, was signed in the city of Mexico the
25th utimo As its twelfth article requires that the
holder of the grant conferred by the Mexican go
yernment, pursuant to its decree of the LIST of
March 1912. shall file bis assent TO the convention,
in the office of the Mexican Minister at Washing
ton, before the instrument shall be submitted to the
Senate of the United States, you requested to
call at this Department for the purpose of examin
ing the convention.
am, sir, very respectfully, your obedient ser
want, DANIEL WEBSTER.
In compliance with this invitation, the treaty
was examined by MIR. Hargous, and approved for
himself and in behalf of the company. The treaty,
together toiH the titles 10 the grant, submitted
TO the Senate, unanimously approved and ratified
and the treaty was engrossed, signed, and re-
turned
In the meantime. and Before the treaty had been
sent back to Mexico, Pedraza had died, and sud-
den change seems to have occurred in the views
opinions, and feelings of the leading men of that
country. IL would not be proper at this time to
state the nature of the influences brought to bear
on the subject, nor the parties most actively en-
gagged in exciting feeling of hostility towards the
people of this country with the view of defeating
the enterprise 1t suffices to state, that law was
introduced into the Mexican Congress and passed.
whereby the Congress declared, s'that the decree
of General Salas, of November, 1876, was null and
void, because he had no power TO make such de-
cree"
This is the only action of the Mexican Congress
on the subject, and, although the evident intention
is to annul the original grant made by Santa Anna
in 1872 yet, as no pretext could be invented for
lacking it, the committees of the Mexican Congress
were driven in their reports to the two houses to
rely solely the ground that Salas was without the
power to grant to Garay delay of two years for
commencing bis work. feeling certain that if they
could succeed in this point they would be able al.
forwards 10 attack the original grant on the ground
that the work had not been commenced in sufficient
time.
Let this fact, however, be borne in mind Merico
kas neither dn,dIed the original grant nor rejected The
treaty. The rights of the company are precisely
such as they were prior to the law Of the Mexican
Congress, with this single exception, that the law
just passed aforfs pretext on which tho govern
ment might briak stfit against the company to annul
its grant
Whether the pretext thus sought by the Mexi-
can Congress can be made available for the intend
ed purpose is the next subject for consideration.
1t might be sufficient this point to saw that
the government of Salas was a government, de
fdcto and that the universal principle on which all
civilized nations act is to consider that the govern
ment actually exercising supreme power in n
country is entitled 10 represent that country in all
foreign relations and that even if it's powers are
usurped, its acts are binding as would be those
of a regularly constituted government Our conn