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

~ -. $1,000 ----..--s.~.~. -
suned by MEXICO In the face Of the repeated sub.
scqoent reeoe nition Of its exerton and validity,
which are hereinbefore valid. 50 tgsac $50 N I,
Respect for that government alone rcstrains the
COMMITTEES from treating of this position in the
terms II would seem to require rts,N
The government of Salas was that of dictator,
vested with supreme power; il was acknowledged
and submitted TO by the people of Mexico and
treated with, while il lasted as the de
Jaefo. After having accomplished the purpose of
creating afedesai system, an election at members
OF Congress was held By his decree. which met pur
municated the DEGREES made by the government adj
islssiss. and with them this very decree Of Novem
Der. 1886. ffs 49, 1900 ,t,5TE
Amongst the DEGREES thus issued during the die
atorship OF Saias were several Of the character of
general laws, not one of which was ever approved
~ Congress-; nor was his authority ever questioned
by the law making powers for tho time being, un-
III found convenient TO do 90 for the purpose Of an
nuil'ng the grant, after i become the property Of
citizens Of the United States. Er
The doctrine that the government De jacto is the
government responsible, has been fully recognised
by Mexico herself in the Of the Dictatorship Of
Salas as Of those who preceded him. II IL a prin-
ciple Of universal law governing the intercourse Of
nations with each other and with individ uals and
this Government cannot, nor ought not, treat with
indifference deputation from it By Mexico in the
- There is remaining view ofthis question which
the committee not at liberty to disregard and
that ia, the embarrassment into which the rcla-
ton; Of the two governments is thrown by the
conduct 81 Mexico i4 the negotiations which have
taken place In reference TO this grant.
A. Two formal conventions recognising for their
basis this grant Of right of way, the value and
importance Of which to the people and Government
ico, as the inducement on our part to negotiate,
were actually signed at the city of Mexico by
ministers duly, empowered BY their respective
governments, the last Of which, formally ratified
by the Senate. has been rejected by the Mexican
Congress. 500" gtgta
90 The COMMITTEES are aware that refusal by our
Government 10 enter into treaty stipulations with
another upon q prescribed subject, should not, as
Of course, be considered indication Of unfriendly
feeling. Yet, regarding the circumstances attend
ing the protracted discussions, which terminated
in the second convention spoken Of above. with its
prompt rejection by the Congress Of Mexico-re-
eardng the fact fully made known TO Mexico that
the interests Of tho Government and the interests
Of the United States were deeply involved in OBJ
tanning the right Of way proposed; and, finally,
that II has been refused at last BY the discourtesy
of rsjectng treaty proffered the United States,
and by the violent sacrifice Of avalnable property
belonging to citizens of the United States, for the
preservation Of which the ''honor and faith of
Mexico. were formally pledged, the committee
cannot but look on the ason a. one authorizing,
il not requiring, this Government to review all Of
lie existing relations with the government of
Mexico. anew at5g5.Fasa EtEs5. yiin- "a
Certdlnly In what mas passed. mere ID 10 DC IOunu
but little assurance of that friendly feeling, the
part Of that republic, which leads nations to con-
meet themselves by treaty obligations, or which
makes it desirable to continue such as have been
In the Correspondence submitted with the mes.
cage Of the President, the committee have seen
with entire appreciation that the Executive Depart
ment has been fully impressed with the import
and of the grave attitude they may assume should
Mexico persevere in her refusal OF the redress
which is required at her hands. #I Z,
In q letter from the Secretary OF State to Senior
ington. dated April 80, 1861, after an able and
comprehensive review Of the whole question. the
Secretary referring 10 the probable rejection of tho
treaty by Mexico, (which letter of the Mexican
minister led him 70 anticipate,) concludes in the
following emphatic terms: ;.-,.sa -rrs,;ss..y
"The President of the United States cannot per.
suade himself that such calamity az its rejection
BY Mexico now impends over the two countries"
Again, in a letter to NJ La Vega. the successor
to s. nor La Rosa, Of the 18th Of March. 1852. the
Secretary of State says:
'If, however, these hopes should prove to be un-
founded, and the convention should not go into
effect, this Government will feel itself compelled
to take into consideration the measures which its
duty to s citizens may require 1t to adopt. to pro-
tcct their rights under q voluntary grant made by
Mexico of the right Of transit across the lsthmus
event be expected to abandon those rights, and ar
IDENTITY hopes that the Mexican government viii do
Justice to them in season. o, y
And, finally, in view Of the great importance Of
the occasion, and to avert possible consequences
Of the magnitude Of which to the two countries
whilst thia question remains Dnsetled none can be
blind. the President Of the United States addressed
himself directly to the President of Mexico, by
letter Of the 18th of March, 1862, from which the
COMMITTEES quote as foilows: g4s l.5. Etg
Sin addition to tho motives have urged for the
speedy adju 'tmcnt of this matter, beg leave earn
esly to call the attention Of your excelency to the
thntvy
two nations should Mexico break her plighted faith
In the grant to Garay. Our citizens, relying upon
her good aith, have become interested in that grant,
they have advanced large sums Of money for the
purpose of carrying out its objectsthey have sur
veyed route for a railroad, and demonstrated The
practcablity of constructing il; and it is not posi-
BILE that they should now be deprived Of the priyi
ieges guaranteed by that grant, and sustain the
heavy losses that must ensue. without appealing to
their own government for tho enforcement of their
rights. My anxious desire 10 to avoid the too pro
bablc consequences that must result from such an
appeal. We cannot, If we would, be indifferent to
IL. 1t 10 "a duty which every government owes to
its own citizens, to protect their rights at home and
abroad; and the consequences growing out Of the
disagreement of the propretors Of the Garay grant
and the government OF Mexico. are such NJ n0true
friend Of this country Or Of Mexico can look upon
with indifference"
The committee are fully prepared TO sustain the
Executive Department in the position assumed to.
wards Mexico In the correspondence here referred
to, and conclude by recommending to the Senate
The adoption OF the following resolutions:
Resolued, As the judgment Of the Senate, that in
the present posture Of the question the grant Of
right Of way through the territory Of Mexico, at
the lsthmus Of TehuAntepec, conceded by that re-
public to one OF lite citizens, and now the property
Of citizens If the United States, the same is pre-
sented BY the correspondence and documents ac-
companyng the message Of the President, il is not
compatible with the dignity Of this Government to
prosecute the subject further by negotiation.
= ResolOed, Should the government Of Mexico pro-
pose renewal Of such negotiations, It should be
acceded to only upon distinct propositions from
Mexico not inconsistent with the demands made
by this Government in reference to said grants
Resolved. That the Government of the United
States stands committed to all its citizens to pro-
tect them in thcir rights abroad v ell AZ at home
within the sphere Of ito jurisdictioni and should
MEXICO, within reasonable time, fail TO recon.
slider her position concerning this grant, il will
then become the duty of this Government to review
all existing relations with that republic, and to
adopt such measures as will preserve the honor of
the country and the rigats of its citisens q q,
WoaLD's FAIa EpiricE,-Th plan adopted for
the New York Worlds Fair building is Greek
cross. with dome over the intersection. Each