The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-08-16

basis article ID rs follows: ln order TO dispens,
! to the enterprise more efficacious and constan
protection, the Government shali be of the pdrt
ners - This proves in the best and ciearest man
ner that there could be a patnership between tn,
government ana one Or more individuals for a de
terinined object, and that the contract referred
| in the first decree of concession was SUCH
But in place OF partnership it had been desirable
to call 1t national enterprise, to be executed IN
der the sanction and protection of the Cover ment
then the necessity for notifying it, and obtainin
tsapprovaio OF every transfer cessiou ID thu NOR
strongly founded; because II is necessary to recog
/ Mise In Garay charge of SO much Importance o,
| account Of the powers conferred ION him, whici
could not have been put unfortunately into tht
| hands OF any person, but conferred upon him who
shouid possess very remarkable qualities demand
the Government, and who would inspire it will
4 the highest confidence; this indispcnsaby CALI
for the consent and the absolute approval of what
| socver might be done in this view; and il cannot
| reasonably be believed that 1t would be given tt
| any body--to whomsoever might be disposed 1,
1 take tito tho first one who should offer.
Too much amplifcation would be required Il
fully unfold this and the other views arising from
examination of this subject and to present them
in their different aspects. II would not be impro
per TO remark, ever 30 briefly, that ono becomes
i confused with 90 many instances Of incorrectnes.
in the Aforesaid pamphlet, since every line ia Gus
ceptible Of very we'll. bounded refutation II is pre-
sumed for example, in speaking of this partnership
and cnsting doubt upon its existence, that in tn.
| contracts made by the Government there is not O
Il
them effective, when the powers which are exercised
not only there but every else by the supreme
judicial authority are well known; and in Mexico
| the government has been many times cast in suit
| and the sentence complied with and executed.
1t is also stated that there ia reciprocity, nor
are the parties equal in the share which each CONT
butes TO the partnership, considering only apia
| the money which ia going TO be expended in the
| work, and holding as nothing, and entirely desti
tutc OF value, the lands granted, the territory
where the work OF communication 10 to be located
the protection dispensed, and all the other rights
conferred. Occasion ia hence taken for harsh re-
proaches and strong diatrhes. The truth is, that
| nothing is to be found in the conduct Of Mexico
neriting censure, except the imprudence, want OF
foresight, and excess of confidence, with which she
| acted IN the beginning. What has been done since
| is what good sense inspres-what Is done by a
government hot unmindful Of the interests con
| tided to her custody and defence.
Let it be further remarked. that although the
right to c0onize appeared 10 he distinct from that
OF the construction IT tcay Of communication in
the decree Of concession. they have been so com.
| mingled, and 30 much importance has been given
to both, that what has been provided in respect to
the one, in many parts must be understood az be.
ing applicable to the other The grant of lands
| was a compensation for the great expenses re-
CURED Tor the execution Of the work. WITHOUT ts
being accomplished no right to them could be &c.
CURED; they depended intimately and necessarily
| upon each other. In order that assent might be
given to what should be done in regard to colop
cation, it was ecessary that an assurance should
-
| compliance with all the conditions Of the con .
tract; and this could not take place without even
| knowing what kind Of persons were going to sue
coed to the first contractor; without knowing with
whom to negotiate, or what guarantees they offer
ed; consequently, admitting the substitution or
not, as 1t docs creditor in cases of what ia called
in the oiyii law "ds.egatson" when new person 10
debt and his obligations, for which the same civil
| law requires express consent.
In the 18th article of the law of 9th November,
1886, the approval of the Government was required
in order to render valid all contracts for colonial
tton which might be entered into. This right,
grant which, as has been shown, emanated from
tho privilege OF constructing way of communica-
ton, regarded as the principal, and to which all
| the rest were subordinate; and it cannot be be-
lieved without doing violence to the understand
lng that greater precautions and guarantees would
be demanded for the accessory than for the prin
cipai, for an act which, however great may be its
importance, very far from taking that high rank
Of national interest held by the communication
Of the two seas. which communication, from the
sole fact Of being realized, will produce prosperity
and plenty, and attract large population without
the necessity of stimulating It, by making dona-
ton to private individual Of 80 considerable an
extent Of land, which might be at once distributed,
without passing into the hands of spectators,
among those who should settle in that part of the
republic, establishing there for security and good
order the regulations and precautions dictated by
prudence, and inspired by the knowledge OF the
particular circumstances of the nation.
vision were not merely to prevent the abuse that
might be made OF the power conceded to the enter
prise to introduce q foreign population, and the
risk that in admitting Unfortunately every class
OF people, that portion of the territory might be
lost, might give rise to disturbances, disorder,
and serious difficulties; but because, in this
ner, it was desired to manifest the absolute subor-
dination to the supreme authority, with which
every thing would be carried in the Isthmus, in
virtue Of the jurisdiction and sovereignty the nation
exercises throughout it's territory, and in order
that the regulations prescribed by the law of
tons might have their full eff ct and applicato
All these reasons also have their full force in
spect 10 those who, the proprietors Of the privi
lege Of communication, would present themselves
not only preparing Tor the construction OF the
great work, exercising the rights and powers with
which they arc invested but importing nipple
ments. provisions and the other articles necessary
for the work. and for those engaged in it; and ALEC
as many laborers as they may require, with which
pretext it might perhaps be attempted to render
Intellectual in great degree the prudent prccau.
tions established in the aforesaid article ID. And
can it be believed that in order to introduce one
small family, perhaps composed of three or four
poor and helpless persons, among which are wo.
men and children, who might desire to settle in
the Isthmus, the detailed notice to- and the consent
and appreciation Of, the government would be re.
CURED D.; and yet the same would not be required
for those who were going to mako themselves the
owners OF the enterprise, and to exercise power
and influence SO decided, and to invite this same
Immigration! Are such measures Of security and
P'SCaoboh 'ahSh pour Coloulst, l5oatC0
and noffensive; and will il be denied TO the gov
vcrnmcnt. in respect to the owners Of the enter
prise, to even know who they are, and to inquire
whether or not it would be proper to confde to
them the execution of a work Of the very highest
importance, and Of such great moral and political
iniiuence' Reason rejects 1.-THE unders tandipg
can scarcely conceive II for even supposng that
both rlghts should be of equal importance, having
the same origin, and turning upon the came privi-
ege, II would eeein that there Ia reason that the
provisions made in regard to the one, in point
OF this nature, ought in Of doubt to be held as
also made in regard to the other when the contra.
~ has not been set forth; because "interprsfatio
juris de re pari par crit"
From the foregoing will appear the strong and
convincing reasons for asserting that, in order to
give validity to the transfer Of the privilege for
the construction Of way Of communication, it
was not only necessary to give notice thereof to
the Government, designating the persons to whom
it should be transferred but to obtain its express
and formal approval. Let US zee il, in the subse.
quept observations which Amsricus makes, he is
more happy than in those preceding.
lie presents the question no longer under the
aspect herctoforc examined but ging his posi-.
ton, and setting out to prove that the government
OF Mexico recognised the transfer OF the privilege
of one min the Way of comm uuiC alton made by Ga