The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-08-03

beneht OF lew private lhoiViuuais. ouo,
American government were 10 come 10 Tue uecor
mir alton 10 sacrifice the great nationai ihtor,
ests involved in the quostion-whicn u wiz
not do-there would always remain announcer
difficulty in the way, truly insnrmoun aa;
it's foundntion by preparing for ultimate re-
suits still more unfavorabie than the issue wnlch
tbreatens the one that bias been concluded. rms
difficulty arises from the decree Of Congress which
declared the Garay grant to have become extinct;
BECAUSE if said grant does not exist and NOT Dind-
ing upon The Mexican government how could the
latter take it as basis for laying the foundation o.
the treaty upon
This consideration is 80 natural that Mr. Letcher
himself understanding all it's force, has always
avoided discussing IT., although IL mas never iaiied
to be brought up during the conferences In all
contested points, begins by determining what
is right in order yield when justice is not on our
side: or compromise, if there exist any rational
cause Of doubt. Following this prneiple-the re-
guator Of all kinds OF disputes-the undersigned IN
yied Mr.. Lecher, from the first conference, IN which
the subject Of Tehuantepec considered, to open
full and free discussion about the legality OF the
rights invoked by the New Orleans company,
in order to convince His Exceliency OF the
Just grounds upon which the Mexican government
has proceeded IN the matter in the hope that such
conviction would smooth away all difficulties, and
the convention be re-medelled in n manner which
might be usefnl and advantageous TO both coun-
tries Mr. Letcher constantly refused TO enter laly
into the question: and when, at the instance OF the
undersigned he consented to put to the latter the
simple inquiry contained in his note OF the l4th
Of October last, the reply remained without an an
sWer and the wished for discussion without effect.
This medium of the conferences having been
discarded, the only subject Of discussion, ut those
conferences continued to he the desire which had
been manifested by Mr. Letcher, from the very first
interview with which he honorsd the undersigned,
that the presentation Of the treaty should be delay
cd until the assembling OF new Congress, alleging
5 reason for snch delay, the well known dis!ike
which was entertained for it by the Congress that
has
abrupt rejection of said treaty would produce with
the government of the United States. The under
signed fully explained 20 bis Excelency the reasons
which prcyt nted hm from delaying the presenta-
ton without compromising his responsibilities seeing
that he lad very recently found himself az variance
with the Chamber Of Deputies, which had passed
resolution ordering him to communicates said treaty
He also told him. in addition, thai he has several
times repeated to him, that sincere desire to re.
move all causes Of difference between the two re-
publcs had chiefly induced him to oppose the reso-
luton Of the Chamber, and would determine HIM to
suspend action upon said resolution tor some time, II
be could entertain hopes of an arrangement; but
that having lost these hopes, he would present the
treaty 10 Congress, whatever might be the conse-
quences, seeing that everything had been done that
was practicable on his part to avoid such conse-
quences, and TO preserve his good friendship with
the United States.
MIR Letcber appeared perfectly convinced ofthecor-
fecrness of these facts, and of the necessity for
tering into thorough examination Of the matter,
but Iersistng always in his first Impression without
suggesting any mode Of arrangement, he continued
for some Clme in the same path until II was agreed
upon to open the negotiation formally, upoa the
basis which had been lai down in the note which
the undersigned had the honor Of addressing him,
on the 2Sth OF October. aforesaid
Nevertheless, this negotiation, as he has remarked
before, has proved absolutely useless because the
time has been consumed without doing anything, with
the exception Of certain action upon points which
ought 20 have been considered definitely disposed
of in the basis which had been laid down for the
of fap1t rat
of its history be found in the her note which
the undersigned addresses, under this days date, to
Mr. Locber, in reply 10 his of the 18th of November,
the contents Of which he does not think 1t necessary
TO recaptulae in this, because it all be Summed
up il four WORDS -nothing h AZ been done.
Such state Of things cannot be any longer con-
tinued without great Inconvenience, and all con-
spires TO demand tbat speedy end should DO put
10 it by either of the initatoTes which have been
proposed. The undersigned has invariably stated
10 Mr. LetchoT, in precise aud systematic terms,
thar he does not nor cannot admit the treaty upon
tie bases which lie lays down, aud that il these
bases are 10 constitute necessary condition to tne
arrang the negotiation May be considered ut
IN enc frou. ms time. He has old him. likewise,
thu, be should consent neither to said negoti-
u ion being merely ud 'ttTcGdpm; and rs bis Elk
cejI,ncy, In accepting has condition. has also agreed
- II gotiatc upon Ike bases which arc proposed 10
Lin. the undersigned has the honor of enclosing
10 him project al convention, bch, while u
removes ul difficulties il likewise recoaclie5 every
iLtoltst conEecsed with the business The uudeI-
eI,d has promised His Exccllepcy consider and
guaranty the same. not because be recognized any
legitimate right the part OF the New Orleans
company, but from principle OF equity, aud with
desire of removing Gliiicu ties. HIS promises hay
been fulfilled: and II obstacles still thrown in
the way ~ tic excessive cup;dity and eXoroitan
lreteLsIOn Of The speculdfJs, neither 0f the two
governments should grant them sJij favor might
tend to sacrifice The great political and socal into
tests which at stake for, 10 disturb the pea
OF two republics, and deprive the world the heue
fits which il has right 10 anticipate from the con-
tiruance Of their good and friendly relations, for
TIE private convenience Of four persons, would pro-
duce very bad eflect.s be even n scandal never
before witnessed in the history of modern common
ltw.
In the matter under considerations the undersigned
has taken for guide, two documents of undoubted
authority The ist In order is, the treaty concluded
between tie government Of the United States lnd
her Britannia Majesty, for the opening of way of
Communication between the Atlantic and Pacds
oceans, by the Nicaragua river; and the undersign-
ed, begS Mr. Letcher notice the fact that the st
Iulatlons contained in the project which he submits
to him, ere identical with these agreed upon IN that
trsSty, without any other difference, than such as
the condition of the territory through which the
wpy o. communication passes necessarily requires
The way OF communication projected III South Ame-
rica, did not present any difficulty whatever. because
1T Is the natural line which divides the States of Nj
caIagua and Costa Rica thus it is that far from
embarrassing the latter, il held out TO them the great
benefit of defining heir respective boundaries more
distinctly The same is not the with the Cehuan
tepec route because the latter has 10 Next
territory The simple statement oftbis fact is sui
fcient to understand that such remarkable disSimj-
laIity must produce its natural effects, and these
alone baye been considered in the project which has
been submitted to Mr. Letcher
The consideration Of these effects has been oarsed
so far. 10 induce the granting Of certain rights
and guarantees to those who may undertake the
construction Of % way of communication through
Iohuanterec, which the United States and England
have not granted to those who may undertake the
ssrne in Nicaragua. Taking these antecedents in
yitw, it il reasonable to hope that If the stpualons
of the treaty which protects one route, have OBJ
tain,d The fun consent OF the government of the
United States, there can be no difficulty whatever
in applying or extending the same to tue other.
Tie second. and unquestionaly the most
powerful argument. az an authority that
has been invoked by the undersigned, is TO be
found in The message which the President Of
the United States sent to the too Houses
~ Cnrr-rass - annnrl DIV ~ nacn1rhur