The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-09-03


In the distracted and unsettled condition Of the
country, resulting from constant revolution, the
grantee Of the Tehnantepec way, foreseeing that
ne would probably be disabled from commencing
operations 90 early July, lS45 procured the pas
sage of law by the Mexican Chamber Of Depu-
ties granting further time to commence the work.
In the Senate this bill bad favorable report from
the appropriate committee, and II lie not doubted
would have received the sanction Of the Senate,
when, by sudden and violent popular convulsioni
the entire Congress- was dispersed. In November;
1916, Salas being still in vested with supreme pow
or as Dictator, promulgated degree, which was
copy of the law thus accidentally frustrated, CIV
ing time until the 9th Of November, ls4S, for the
commencement of the work; and the work was
tualiy commenced prior to that date.
So much for the history of this grant whilst in
the hands of the original grantee, a citizen of
Mexico. During the years l546-47 various con-
tracts were entered into between Don Jose Garay,
tho grantee, and Messrs. Manning and MAckin-
tosh subjects of Great Britain, winch formal
ly recognised and contaminated at the city of
Mexico, on the 2sth Of September, lS4S, and by
which the grant aforesaid, with all its privileges
and incidents, was transferred to the latter.
On the 9Th of February, lS48, this grant was
assigned to Peter A. Hargous, citizen of the
United States, who subsequently, entered into
contract to assign and transfer the same to certain
citizens Of New Orleans, on terms intended to Sc.
cure the necessary capital to execute the work.
Thesc transfers form part Of the documents COM
municated. n,
In December, 1850, a party Of engineers, with
q competent equipment, was sent out from the
United States, at great expense, BY the American
assignees, to complete the necessary surveys on
month Of June following, when they were required
to discontinue the work. and to leave the country.
This was effected through letter from the Gov
crnor OF Tehuantepec, dated June 3. 1851. trans
mitting from the Governor of Oaxaca an order from
the Minister Of Relations in Mexico, isaued in pur
suance Of q law applied by the President Of the
Mexican republic, on the 22d May, 1861, by which
law the grant to Garny was made null and void.
The committee have thus briefly traced this
grant from its inception to its regular and egi-
mate ansfer Tots present holders; all Of whom, it
is believed, are citizens of the United States 1t
will be seen that, by the terms of the graft, and
the decree Of 1912, on, which it WAS founded, the
. honor and faith Of Mexico were pledged to
maintain the grantee cas- we'll as any private indi-
him, either natives or Foreigners, in the undis-
turbed enjoyment of the concessions grantsd."r
It will be seen that the leriod for commencing
the work was extended from time to time by the
Mexican government until it expired on the lst of
July, lS45 under the circumstances detailed above;
and II will be seen that soon as the government
became once more established, this single apse
cured by the decree Of Salas Of November,
l646, giving two years further time, until the 5th
OF November. lS4S, to commence tho work, and
that the work was actually commenced within This
period. ,Ata5si . ssF als .f}t sGSSA s4as ~
The committee will now proceed to chow that
the Mexican government had, subsequent to their
decree of November, 1896 recognised, in the most
unequivocal manner, the binding validity Of this
grant, and admitted its obligations to abide IT,
i In lS46-7 the assignment of the grant to Man
ming Mackintosh was duly notified to the gov
erbment Of Mexico, and on these com plants Pres
ident Herrera issued orders to the governors of
mahogany on the lands granted by any other than
the English company. at4 Ei .hftiNf ~ -
In l647, whilst the treaty Of peace was under nc
EQUATION, mr.. Trist the commissioner on the part
OF the United States, by instruction from bis Gov
ernmcnt, proposed large money consideration to
Mexico for right OF way across the Is'hmus of
Tehuantepec, and was anwered: "That Mexico
could not treat of this subject, because she had,
several years before. made a grant to one of her
own citizens, who had transferred bis right, by
authorization of the Mexican government, TO Eng
iish subjects, Of whose rights Mexico could not
dispose" lGi ssl Fsa3 til eht'2ha bER
After .ho assignment Of the grant to the present
American holders, the Ministcr Of the United States
in Mexico was instructed by his Government 10
-apprize that OF Mexico Of the desire Of the company
to commence the work by thorough survey Of tho
istbmus. The minister was further Instructed to
make overtures for treaty securing to the enter
prtsc the joint protection Of the two nents
The Mexran government, ns we learn from the
correspondence of Mr.. Letchcr> with the Mexican
Minister of Foreign Relations, made not the
slightest opposition in forwarding passports, and
issued orders to the Departments Of Oaxaca and
Vera Cruz not only TO avoid interpreting any OBJ;
etaces In their way, bnt on the contrary TO afford
them aid and hospitality. The icngineera, Mr..
Letcher adds, were accordingly sent, tho ports
thrown open f r the supplies, and more than $lOO-
600 have been expended in aurvcy 8, opening roads,
&C., besides a large sosn of money in furnishing
materials, sc
This Is not all. Tho government of Mexico at
once asscnted TO enter Into negotiations for the
propos ed trcaty and convention for the govern.
nent protection OF the work thus be executed by
American cinzens. MS ignees of the Garay grant
was conclu led at Mexico, in June, 1850, and sent
to the United States Ia this convention, certain
notifications being suggested by the Secretary of
State at Washington, II was returned to our min.
lister in Mexico, and the whole terninute led by new
convention, signed at Mexico on the 28tEI january
1861 with the approval Of President Herein This
last convention was ratified BY tho stnate Of the
United States and returned to Mexico and finally
rejected BY the Mexican Congress in April 1889
II should be remembered that by the twelfth
article of the convention, il required that the
holders OF the Gnray grant (then Being Mr. Har-
gous, IN American citizen) should file With the
Mexican Minister at Washington his written as.
sent to the convention before it should be submits
ted TO the Senate Of the United States for fatifca
tim This was accordingly done on The 2Ist of
February, 1851. through the Secretary of STATED but
the Mexican Minister declined to reccpn &c il. on
the ground OF the Absence of instructions from his
government. Previously, however, to the srciec.
ton OF this convention by The Mexican Con rrcss
the law was paused, before advertcd to, apnSlng
the decree Of Salas Of November 1876. and with L
the Garay grant The rejection by Mcsioo of ,be
conventon,. concluded, with the appreciation Of
President Herrera, and subsequently, ratified bv
the Senate Of the United States however calcn
lated to disturb the harmony OF The relations be.
tween this Government and Mexico, had not the
srg htet tiiect upon the validity Of, the Garay
grant; nor s II SO pretended. On The trnry the
cole ground upon which Meade rests for the vnca
ton OF tbis grant s. that il was forfeited by iure
to commence this work before the let Julv. 1875:
apd that tho decree Of Salas, of November 1876,
which cnused the alleged FORT tufe, was null be-
cause he was IN possession Of supreme, power by
usurpation, or because he transcended the powers
OF an csprper. And this strange position lie as