The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-08-04

IHCUIIptt4HCt
tract. or llegitmacy OF the contracting authority
be allowed 10 invalidate foreign engagements.
The title to Louisiana rests on the capacity OF
Napoleon to bind France. Was he an hereditary or
elective executive?
The title to California, the acquittance for $l5,
600, 900, the pretended obligations to protect the
boundaries or pay for Indian depredatioDs, rests
on a constitution proclaimed by one man, and that
man Salas, whose authority is now alleged to have
only extended TO the defence Of the country.
What writer on constitutional law or admins
trative legality will peril his reputation by main
tanning that the government which made the
treaty Of Guadalupe was legitimate upon any ex-
| cept the de facto principle!
Did il originate in any organic action ofthe peo-
| pie? Was 1t submitted to the popular vote! Was
there convention assembled for the sole purpose
| of adopting constitution? Was ii the constitution
OF 1924! Texas was party to the constitution OF
1924, and II is the doctrine Of federative republics
that the withdrawal Of a party to a constitutional
l compact destroys it. E-'' e.. ...
Yet, for the sake of diplomatic triumph, Mex.
| leo would unsette the very foundations of all in
| ternational compact, and make the obligation Of
] every act depend upon subsequent rival or inter
ested administrations. For this she will leopard
ire the treaty relations with the United States and
declare every act of her own government, since
her separation from Spain, binding not as she
may decree. She need not wonder il the market
price Of her treaties should be low that Of her
| bonds. .-.g..ua raa t-a. ... ... ..r,...
| Having shown that there 10 no inherent power in
| Congress to annui the charter Of the lst March,
L
| cognised and acknowledged by Mexico repeat
eddy since, let Us take up the assertions of We.
ridicus in their order. The first is as foIlows:
at ia an error to believe that Mexico is throwing
| obstacles in the way of the opening q communica
| ton through the lsthmus OF Tehuantepec. She
views nothing with greater interest; she desires
| its completion much or more than could be de-
| sired by any other nation interested in the ad
1 yancement ofcommerco--b because she cannot but
| know the great advantages which she must ac
! quire from this means; and she has lately passed
decree dated the l4th of May last, to carry this
| project into OBJECT" ...... -..s. u.s..
| In order that the American people may read the
decree for themselves, will not adopt the inter
probation put upon it by Veridicus, but publish the
decree itself: sssuss .ss...... W. t. = .s .a...
"AarioLE /. The government will make con.
tract, or facilitate the formation Of association
Of citizens, who will in both be preferred 10
foreigners. or a company Of both natives and for.
| eigners, to open, by means OF canal, railroad
| or high road, q way OF communication between
the Atlantic and Pacific seas, through the lsthrnus
Of Tehuantepec. The government shall not con
! clude the contract they may enter into, unless
| previously approved Of by the General Congress
"ART II. The government, to make use of the
| facility granted them by the previous article, must
subject Themselves to the following cases, viz:
| 81. That the contract they may enter into shall
ed any claims against the republic on the part Of
| foreign governments, nor diminish the full and
expeditions exercise Of its sovereignty over the sad
| Isthmus of Tehuantepec. ..t.. ..a
|
cacious and constant protection, the government
! is to be one of the partners. n. ..r.
80. That the inter oceanic communication
through the lsthmus shall be free and open to all
| the nations Of the globe. ...,.. w.. ...s.
80. That to make permanent and perpetual the
| advantages Of the communication, it (the govern
ment) shall negotiate with the powers on friendly
footing with the republic, by treaties, an express
| acknowledgment Of the neutrality. of the way
| through the lsthmus in case OF war"
Under the very general terms of this decree the
government Of Mexico will retain supreme and
| exclusive control of the Isthmus 1t contains
REIMBURSEMENT of the right to impose political
charges upon the persons and property in transit
For, though 'sthe inter oceanic communication
through the Isthmus shall be free and open TO all
the nations Of the GLOBE this language only i'm
ports right to use it subject to .'the full and
peditious exercise of the sovereignty (of Mexico)
over the said Isthmus of Tehuantepec;' and it ia
soever export, import transit charges il may have
/ thought proper II this attribute of Sovereignty
be disputed it may occasion war, and then &c the
powers on friendly footing with the republic" Of
Mexico will be required "to guarantee the neutral
ity of the way through the Isthmus." That the
Mexican government considers itself authorized to
impose political charges 10 shown by the
inchoate contract recently signed by the ad-
from tonnage duty all steamers conveying
| mails and merchandise if under the Mexican flag;
Of course, If they did not carry the Mexican flag,
they muet be ubject to this duty. But we need
I
! ed in the imperfect contract. The reservation of
sovereignty implies the right to impose any pcliti
cal charge whatsoever; there ia no specific exemp
ton in favor of the nations of the globe from the
| general laws which govern the republic; and we
| apprchend that the people of the United States
| would coon find out that ga free and open" COM
muncation across the Isthmus meant nothing
more than the right secured in the treaty OF 1881
by which American citizens should shave liberty
freely and securely to come with their vessels and
cargoes to all such places, pors, and rivers, &C. in
Mexico, as they should choose" Yet this right to
como .freely and securely did not exempt them
from the obligation to pay the regular "duties,
imposts and fees, imposed by the laws of the coun
try" Nor does the decree Of 18th May, 1852, give
any other exemption for it, under the terms "free
and open" communication. Ifa nation might claim
exemption from political charges; it might with
the same right claim transportation without
charge. 'a ..- ""s
To use familiar but opposite illustration, every
boe. is by law 'free and open" to all guests, but
it does not follow that the charges for diet and
lodging are not also perfectly legal. t.
uncertain meaning. it is Indispensable to the Amer.
lean people that they should be more exact upon
the questions of transit charges. Nothing should
be left to construction 1t should be matter of
specific description. Nor should it rest upon
mere act Of legislation which can be repealed, or
which may indeed be "annuiled" by some subse
quent authority.
"Thc full and expeditions exercise Of sovereignty
by Mexico upon the Isthmus Of Tehuantepec
comprises the right to impose any tax, charge, or
regulation whatsoever upon the people and pro.
perty employing that way of Communication.
Let not the American people then consent that the
only obligation upon Mexico to grant a free pas.
sage between the Pacific and Atlantic States shall be
repealed. She has proposed no other grant contain
ing this privilege Neither her administration nor
minister has power to make treaty which would
be confirmed by her Congress. If the title of the
American holders be broken down, there will be
no alternative left to the American people except
submission to grievous monopoly, or the forcib'e
seizure aud opening of a necessary way Of ingress
and egress to and from California
We shall for the present terminate the consdc-
ration of the texts with which Veridicus has fur
nished They are pregnant with consequences
of the deepest moment to Mexico and to this Union.
We shall continue the discussion in subsequent
numbers IL is a laborious undertaking TO seek for
materials of the history OF distant nation often
in a foreign tongue, amidst a mass Of miscella-
peous material. But it is a subject worthy even
the labors of historian or a statesman There is
a determination the part of Mexico to repeal her
own charters, disown the acts of her own gov
ernmont, to take withou! wledgment or com
pensation the property of others who have trusted
to her faith and to constitute herself the holder of
a monopoly by which the people, the gold, the
merchandise, going from one Slate Of THE Union
TO another, shall be subjected to any exaction che