Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-09-25

the auspices OF Mexico and in partnership with the
tractor, tGarny) In whom "Personal trust" was con-
hded for It's execution Mexico contributing breadth Of
ten leagues OF land each side of the route and the
labor Of three hundred conycts and her protection; Ga
ray to be the directing and managing partner and the
profits OF the road TO be divided according to the decree
OF March !, 1872 3. That Mexico did not intend, by
the alienation Of this privilege have second edition
OF the Texas DRAMA against which Garay himself warned
her, stating in his memorial that The eyes Of The
United States 'eere then fired upon " warning which the
Report OF the Senate Committee Foreign Affairs
to have made prophetic 8. That the grant local
privilege done under the authority and laws of Mexico
unconnected with treaties the law of nations and that
questions concerning were only cognizabe in the courts
OF Mexico ~ That the grant, from the beginning,
mere speculaton-the brokerage of contract--pro-
cured to be sod and not to be executed by the grantee
though conhded to him personal trust H. That the
grant null and void and has been declared by the
national congress and its revival refused and the treaty
to that effect overwhelmingly rejected by the Mexican
authorities and people H. That the present assgnees
far as they bona d dupes Of their own folly
or as all the defects of the grant open
to their detection.
These objections the memorial sustains by vouchers,
too elaborate for reproduction here and sufficient satisfy
me that the memoralitsef is only reracious repre-
sentaton but even subdued and moderate statement of
historical facts pass it to take up the committees
report and TO notice of the leading which it
contains 1t is document brief in words but copious
in error and raught with dangerous to the peace
and honor of this country
Fundamentally and as peryadinr errors vital in them
selves and the fruitful of numerous progeny the
Report sets out and goes through with total nonob-
servance OF the double character Of the part
transferable 1.-THE colonization the other not 1.-THE road
parand the transferable part only to foreigners upon
the Remuneration Of their nationality The omission Of
two such fundamental provisions unhnge the whole
port and make all its statements and arguments jun
BILE of bAks and bunders Some few of these exuberan
Mistakes and where they lead to essentially
conclusions will alone be noticed.
The Report invests Santa Anna with supreme powr"
at the time he made the grant, evidently for the purpose
Of claiming for his act an nyolabity Of character This
is mistake in history Santa Annals Government at
that time PROVISIONAL and in virtue of the organc
bases of Tacubaya and Estranzueo, and of the bdsis
Of the army Of operations" Santa Annals and by
the terms of all which he was bound submit all his
acts to the appreciation Of the first constitutional Congress-
which was done in the of the decree making this
very grant, and the power Of the Congress it mani
tested in the fact of approving it in disappearing
1t in part and the grant remaining modified accordingly
The supreme power then Of the grantors and the infer
red inyolabiity of the grant, become phantoms which
disappear from the case
The Report undertakes to make out what ii calls e
Ultimate chain Of transfer from Garay through the Bri-
fish down to the New Orleans company and leaves
out the transfer to the conspicuous of these Subjects
John Schneider Co., of the city of London whose resi-
dent quality 1.-THE others being NONRESIDENT make
the grant British interest be protected by British
power and failing in that object, the obiging Mr..
Schneider Co. retransferred and then the grant
to the American citizen Senior Don Pedro Amadeo Har
gous but that name having excite air. and not being
good foundation to build American interest upon,
and broader and indigenous basis being needed
for that purpose, it found in transfer to the
New Orleans Tehuantepec Company. Of this significant
transfer and retransfr essential to the Interpretation
of the character of all the transfers alleged by Mexico
to be colusiye feigned the committee report silent
and, presume, ignorant.
The Report lays great stress upon the transfer to Man
ming and Macintosh and its approval by the Mexican
Government There two of these transfers of which
10 IN h.tn p1u fhafn
into history, though transactions could be
more distinct, dssimar attended with ap
posite fates will endeayor exhibit them both, and
make each inteligbe and in doing illustrate both
the nature of the grant and the character Of the Report
The first transfer of the colonization part, and
strictly confined to that purpose but made in August,
1885, when the second extension granted upon the org
nal contract had expired and before it revived by
Saas, and while the grant absolutely dead That
transfer at the time kept from the Mexican
Government although Garay bound to report all his
contracts and was intended to make il British inte
rest, and of coercing the Mexican Government
II was this transfer which oomprehended SCHNEIDER &
Co.. OF the city of London and of whose pregnant
nexion with the business the report to know
thing After the revival of the grant by Salas this
fer made known to the Government and its appro-
baton solicited and obtained and all in terms both po-
sye and negative, to conne the transfer wholly the
colonization part Of the grant The memorial asking the
appreciation, and the deed showing the transfer
both to that effect. The memorial communicating the
transfer and asking its sanction said With these views
(hose concerning colonization) succeeded in conclud
ing contract with the house of Messrs Manning and Mac
Intosh and Schneider Independent Of that for constructing
gay Of communication beren de ttoo seas, by which ICON
tract those gentlemen to introduce settlers on the
lands" The deed Of transfer in its first clause says
that Garay transfers the iands comprised within ten
leagues each side Of the line &c. to Manning Mac
Intosh and TO Schneider CO. for themselves and such
agricuiturs and eOionts" they may chuse The fifth
clause reiterates the by reservation in these Words
That BY this transfer on The part Of e coUenante Don Jost
Garay ia NOT Be understood that he confTs upon Mesrs
Manning aud Macintosh and upon SCHNEIDER Co. any right
tchdterer 10 carry NAVIGATION PROM ONE
oTHER and then grants them the navigation Of the little
river this side Of the Isthmus far
be the enjoyment of their lands and then
adds as further and superatiye precaution addi-
tona reservation Of noninterference with his privilege
Of inter-oceanic communication
Thus restricted in the deed Of transfer the Mexican
Government confirmed IT, stimulated thereto by Garay
who in his memorial pointed to the ooreous eyes Of he
United Safs already xed the land - but did not con-
firm without adding provisions in favor Of the nte
gritty Of the grant and especially in the clause added by
Salas for the remuneration OF nationality On this point
the approving decree was most explicit and said
"Accordiag the pir Of the aforesaid lac, hi.
ton a.f place ~ tie ositre and eoncire
part Of he ee that, photerer circumstances may
hoppen and wlaterer these may require neither ne
settler. oforesad the propretors may any
for anV cause plead alien prirges any other privgcs
crc hose wh hare been granted o. may Be granted 70 them
5g e s ~ the country hich both her persons and their
property Dc subjected and hom tbs requisite they ,riH
not be admitted
This is the first transfer and the one approved and
leaves the transrees without any interest in the grant
except in the colonization part and that upon the
ration Of their nationality the remuneration Of all alien
privileges and the subsection Of their persons and pro-
perty 10 the Mexican Government. Are the American
assirnees in that predicament IL So they cannot apply
TO the United States il not they cannot take the grant