Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1852-11-16
THE rEHuANrEpEC ROUTE.


rd th massage Of the President OF The United States,
9th Juy 1852, communicating me correspondence
between the Government U! the Uhea o'ates ana e ne
pntc of Mexico respecting The right OF way across tie
Isnus OF lehnantepac ha had the same under consde
ration and after giving the subject all me elaboration
which its Importance demands, no" respectfully report.
That the right OF opening communication ny afiic'"i
way The Atlantic and the Pacific across Inc territory
Mexico att the lsmus OF Tehulnepec, was concsne" l"
Don jose de Garay. citizen OF Mexico, on The Isl MARCH
1872 by General Santa Anna, then Presider! OF Mexico
vested with the supreme power BY his decree OF mar
date in The OF the supreme government The hono
and faith The ion pledged maintain the protector
Dor jose DC Gary as we'll any private individual 0! com
pnnv succeeding representing HIN, either natives or !nr
gncrs in undstubed enjoyment OF oil The concessions
granted"
In The following year. General Nicholas Bravo having
ceedcd to the presidency the grant thus made BY Santa An
ma recognised and affirmed BY his decree, o the 9h OF
February, 1885, pursuant 10 which, ofaetS were issued o!
The Government of Mexico 10 the departments OF oiSaca
and Vera Cruz put aray in VI the ahs cen
ceded 10 him by the grant Of 1872 and directing mat every
facility should tic eAended Tor me prosecution u c
These DEGREES executed BY those departments and
the grar;cc put in actual possession o inc ahus coz
ceGed
On the 9Th October ls43 Santa Anna being restored 10
pow cr issued further decree rccitIne tha. the surveys 10y
Ga,ay being completed, and the work aboa to comnence ne
ordered the governors uf the departments OF OaSaca ana
We're Cruz furnish three hundred conylcs, To D: employ
ed he work ard By another decree Of III. 25ih pscem
Der S43 the FOR lie commencement, which was ~ tA-
pirr on lie st July, lSli extended 10 The Isl Jy
s45.
The aovcrnen, of Mexico during this period subject
10 frequent revolutions Santa Anna driven from power IN
the winter S4i succeeded for short time by Gene
raj Paredes Who turn, yielded 10 Mariana dc Saias u
Dictator.
In the distracted and unsettled condition Of the country
resulting from revolutions The grantee o! me irhn
ancpcc way f,secing that he wmCd probably De dSap'u
from commencing operations early July 1873 pfocuta
the passage %! law by the Mexican Chamber u D'P.
urnntiuu her The wotH. IN Inc ''e
ate this bill had favorable report from the appropriate con"
mcc and doubted would have received The sane
ion Of The Senate when by sudden and Violent P'''a'
convulsinn. the entire Congress was dispersed
In November l3iG Saas, being still Invested WIN -"
2remc power Dictator promulgated decree when was
cnpy of the law thus acrtcuiay frustrated giving tme
until The 9Th Of November l9l5 for the commencement; OF
hc work und the work actually commenced prior 10 a
date.
So much for the history Of This Wills: IN The hahiS
nf the otiri nal grantee. citizen of MeXico.
Daring the years lSi647 various contracts were entered
into between Don jose de- Ciaray III" grantee ano
Manning IL Mcintosh subjects oi Great Britain when "t'
formally recognized and cunsummaed AZ the cry OF nitA
ico The 25!h September, lSi5 AMI by which me gram
aforesaid with all its privileges aud incidents was fo's
(err.d The latter.
On the 9th o: February lsi9 this grant was assigned I"
p.Ier a. afgnus citizen OF the United states, VIZ"
bst qucnly entered into assign and transfer
the same 10 CERTAIN citizens of New Orleans. on terms
intended the necessary rnptal TO execute e
work These transfers form part OF the documents coh"
nica;rd
In December 1850 party Of engineers with competent
equipment from the United states, al great
expense by American assgnecs complete the n"ces.
Surveys the l,hmus, who coni'nurd 80 Ginp"Yai
until The month Of June following when they were required
10 discontinue The work and leave The country
This was effected through letter from the Governor o.
T-huantepec dated June g. 1851, transmitting from the Gov.
OF OHNaca order from the Minister OF keihtions IA
Mexico issued in pursuance OF law approved oy IN
President of the Mexican Republic on the 22i May l9'i
By which law the grant 10 Garay was made nun ana
void
The committee have ,us briefly traced this grant from rs
inception 10 lis liar and legitimate aas!cr 10 lis present
holders all Of whom, believed, citizens .! the nj.
ted States.
II wl be seen Thar by the terms the grant and The &c
niptI rfIpI Tho
Df Mexico pledged ;nina;n the grantee, as well 2"
any private individual company succeeding OF represent
ing h either na.ires foregner III the undsiuoe en-.
loymenl If The concessions granted"
II will be that 'hs period for commencing the work
extended from time 10 time by The Mexican govern
ment until IL expired he lst July lSi5 under The en-.
cuustances detailed above. And il will be h4 soo;
The became more established this slnG
lapse cared b: N" decree % Sais at fnveHo"r l7b1
giving yelr. further lime until 9Th November l-sS, I"
cmm"ncc The WORK, nni thai the wot. was actually com
inoareh within this pcr! =.
The committee viii proceed 10 show thu. the Mex.
lear has subsequently 10 this decree OF Novc-
her 1916 recognised in the uDeqnvoca manner the
bntng validity u ha grant, and admitted lis obligation I"
Gbide BY il.
In s46-47 The assignment Of the gran, Manning y
Mcintosh duly n"tifcd 20 the government OF M"xfc
and their complaint President Herrera issued orders I"
the governors Oaxnc and Vera Cruz the cri
ling Of mbngary, The lands granted by any other than
the English company.
In lSl7, whilst the treaty Of peace was under negotiation
M Tt The commissioner the part o the United States
By instruction. from his government proposed large more:
consideration Mexico for right Ui way across TIE ls
aus If cluan,eicc answered that hrAco could
this uhct because she had several years be-
Dre made grant OF her citizens %o had trans.
fcrrc his right by authorization al the Mexican government
En- M Subjects ri whose rights Mexico could not !3-
pose"
After the assignment Of the grant 10 the present American
holders tho minister Of the United States in Mexico was
by his government appriZe thar 81 Mexico 81
OF hi- company commence their work by
rhorou"h OF The Isihmus; and the minister was ir.
Their instructed make for treaty securing IL the
emf Ia governments.
Mexican government, learn from the correspondence
81 Mr. Lrtclcr with the Mexican Minister Of Foreign Rein
lions "nadr the slightest opposition in forwarding ass
and issued orders 10 the departments OF oaxacn ad
Vera Cruz only Ia avoid interpreting my obstacles IL
their way, but on he contrary 10 a'd teT AID ana nos
dinuy sent! the ports thrown open nr Their supplies an:
than 500 600 have been expended in surveys opening
roads &C. bcs.cS large sum ri money III furnishing ma
icria- &c.
THIS is not all! the governmcn, Of Mexico =, cncc
scented into negotiations for tie proposed r.a'yarG
c,t nion for oln protection of The work thus "a ae
tAr"iei by American 'izrns a. as'En.rs OF me "aial
grant concluded NJ Mexico, in Jan" 1851, and sent I"
the Unte States. To hIs convention certain mo'icaons
being suggested by Tie Secretary OF Sl'c Washington
il returned 10 minister ID Mexico, and the "ho!"
terminated by convention signed at Mexico, on tir
25 OF January, 1851 with the approval Of President Her
-ra This contention ratified by The Senate Of n"
United States, and returned Mexico aud finally nJrctrn
by the Mexican Congress in April, 1852.
II should BIZ remarked That, by the twelfth ar!ici" 81 !-
convention il required that The hcltc Of the GanY
Chen bcin Nr llnrgous American ciiizrn should
file with the Mexican Minister at Washington, his written
the convention before il should he submitted
the Senate of the United States for ratification This
accordingly d"ne The 2st February 1851 through the
Secretary Stat; but the Mexican Minister dcenci
cosnisc it, TIRE ground o absence OF instructions from
his gOvrrnrucnt
Previously, however the rejection Of this convention
b. the Mexican Congress the law passed before advert
cd To- arau!ug The decree Of Saas Of November 1896 and
with il the Guray grant.
The rejection by Mexico of the conventions concluded
with The APPRECIATION President riera and subsequently
ratified BY The Senate Of the United Sht.s however cncua
ted 70 disturb The harmony ." The relations between this
vcncnt and Mexico, hud not the slightest effect the
validity n the GaTay gait-nor is II pretended Ga the
contrary The sole 2rorut upon which Mexico for
vacation Of this grant is that il forfeited by failure
commence the wort before the Let July lS45 AM that tie
decree Of Salas OF November 1885, which cured the alleged
forfeiture nn because hD In possession OF supreme
power by Gsurpatiun because ho transcribed The power
Of GsurFcr AaG this strnngc position il assumed by Mex
leo IN tie face q" the repeated subsequent recoaniion6 Of
s existence mud validity which lereinbeIUrc reccd.
Respect for that government alone, restraints the committee
from speakn. Of this position In the term. it would
require.
TIE government o! Sails that If Dictator, vsstst
wiki supreme Il ac.acw cd.ed and suLni,iet
by the people ns MEXICO ard treated vita While il last
ed the d. acto After having !slet