The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-08-06

| hIit VI consequences that their eovcrnmer
. VIII think just tn impose. Bot it does seem mos
singular that premises which admit the existenc
oirights OF colonization in the grantees, should
followed, ms corollary by resolution declaring
tnat the government c1nceding those rights wa
without any authority to grant the decree whic
, conveyed them.
> soccioct statement of the argument may b.
, thus condensed, even at the risk Of repetition:
Inc Mexican Congress contended for the follow
/ That the recognition of the transfer of transi
nights given by Garay to Manning and Macnto
was void for want Of authority in him to max,
such transfer. .'.Etf.
The reply is, that the grant to Garay authorized
him TO transfer his rights TO "any private indiuid
either natioes or foreigner" That there Vas , n,
limitation upon his power to transfer. and no no.
ice required of his transfer Of any OF his priv
leges except in regard to his rghts Of colonization
which requirement to give notice he had complied
with on the 9th July. iS47.
2 That the recognition of the transfer of the
transit rights to Manning and Macintosh, British
eminent in its conference with Mr.. Trist, because
first, the transfer of the rights Of had
been made. but the transfer of the right of transit
had not been made at the date of the conference
on the 9th August, IS47. "
The reply Ia. that the American Government
asked e right to transport across the Isth,nus of
lthuanttpee, from sea to sea- by any modes of com.
| water. free Of any toll or charge whatever, all
or any articles the growth, product, or manufac-
ture Of the United States or Of any foreign country
| belonging to the said Government or citizens, and
zens Of the United States
To this demand the Mexican Comm sioncrs re =.
piled: "In the eighth article of your excellency' e
(the American Connmssioner's) draft, the eyauf of
FREE pdssage the Lstmus of IIhuantepIc to the
South sea is sought in favor of the North American
citizens. We have orally explained to your excel.
ency that some years since the government of the
republic granted to private contractor privilege
with reference TO this Object, which soon trans
ferred with the sanction OF the same government to
English subects. OF whose rights Mexico cannot
dispose; therefore your excelency will not consider
that upon THIS GRANT we do not accede to the de-
sire Of your government"
II 10 commended that the American Government
asked "the grant Of free passage across the
I.thmus OF Tehuantepec to the South sea, y and the
Mexican government replied, "upon THIS poIsr
we do not aceede to the desire Of your Govern.
| inent."
Mexico is therefore estopped from alleging that
she meant only to admit that Gnray had transfer
red his "rights OF colonization" because the Uni
ted States did not ask any "rights of colonization
put only "the grant Of FREQ passage across the
Ishmus OF Tenuantepec from sea 10 sea-" and
Mexico could not upon THIS POINT accede to the
desire Of the United States.
True or false; under the laws Of nations, Mexico
cannot disavow her own solemn declarations.
They are binding upon her. But they were sub
stantially true, for Garay had transferred his
rights by executory contract which contemplated
the conveyance Of his rights of transit but no
of transit was necessary, for he was empowered to
convey them, "to natives foreigners" without
any notice whatever. The subject had therefore
passcd from the control Of Mexico, and her govern
nent honestly acknowledged
But with this admission in the report Of the Sen
ate, repeated by every authority down to the in
iallible pamphlet, that Mexico solemnly acknow.
lodged, on the 9th August, ls47, the transfer of
the rights Of colonization by Garay to Manning and
Macintosh, how, according to any known prin-
cipes of logic, could Mexico have afterwards de.
MED the authority of Salas TO grant an ex tenson
of the original grant?
The grant was renewed by Salas 9th Decem ber,
1896 1t contained two particular provisions, the
one a right of colonization the other tho ri yht of
free passage across the Isthmus. II the extension
in regard to the frat is acknowledged on the 9th
September. lS47 to be valid, how il rds
be denied that the right to enjoy the second has
apsed from want OF authority in Saas to decree its
extension?
The two indissoluble; they are born together,
called into existence by the same authority, en-
gave vitality to that instrument is sufficient to
renew the one, but void and of no virtue to the
other They were both in grenio tede,n mairis;
how could Mexico legitimise the one and bas-
liza convey real and personal property in the
same deed, and after affirm that he conveyed
the realty and not the personally, with what face
can he deny his authority to convey either?
He could not rediy, be above ed to contradict
his own direct admission.
Considering that "Veridicus' comes armed from
pamphlet.
proposes "to exhibit the dates of certain unoues.
ionable facts, and that they exist in all the purity
of absolute TRUTH" he has been little unfortunate
in his citations; He says. "the Mexican govern.
with this transfer. limited to the object Indicated
Chat is, limited to the right to colonize.")
Now it was at ''the house Of Alfara, on the Cha
pnltepec causeway, on the 9Th Of September, ls47,
that the Mexican Commissioners accompanied
their counter projtct with the memorable declara-
ton that some years since the government of the
republic granted to private contractor privilege
with reference to this subect-lthe grant Of free
passage across the Isthmus Of Tehuantepec to the
South sea (which was transferred with the
sanction oitse said government to English subjects
Thus this acknowledgment of the right Of trans
fer from Garay to Manning & Macintosh was made
9th September, lS47; whilst Teridicus atirms that
"the Mexican government on the 18th July, IS4S,
the object indicated"
y. Having. however, employed "the British sub
ject" to get rid Of the American demand, Mexico
resorts TO the simple expedent Of denying the va
dy of the transfer of the right of way across the
Isthmus, to avoid her own acknowledgement. This
gave rise, il is affirmed, TO sundry memorials from
Manning Il Macintosh, who finally ceased making
i sss to the government on the sSA July
Through an act of temcrity it is proposed to
refute the argument Of the irreiragable pamphlet
Itself upon this subject. This pamphlet makes the
"Veridicus." that the government of Mexico &C.
knowledged to the American commissioner the
validity of the transfer of colonization.
Tho term Fright Of colonization is calculated to
misead those who examine this subject. Let us
consider what Garay transferred to Manning and
Macintosh by his first deed under the terms en-.
ployed by the Mexican government as the rights
Of colonization.
The charter of March l, 1912 proposes the con-
struction Of way Of communication across the
lsthmGs Of Tehuantepec. The decree authorizes |
the work, and announces Don Jose de Garay as |
the grantee for its construction. II rectss the |
privileges of the grantee. and prescrbes the terms
upon which the government shall participate in |
Gle Of the decree reads follows:
GAN the unoccupied lands for distance Of ten |
leagues on either side Of the line Of communication
are hereby conceded in fec simple to the nego- |
tiators"
In the contract between tho Government and |
Don Jose de Garay. drawn up in pursuance of the |
llth article Of the decree, there granted to Don
jose de Garay the exclusive power Of opening and
constructing the Isthmus Of Tehuantepec q |
communication between the Atlantic and Pacific |
oceans, with the obligations, rights, and advan-
n in koI