The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-07-31
lR LARaATH0AR TO xE WEBSTER.
rrappiation I

T"Ily I
es, month, which he received on the 6th instant,
hat no with grea, satisfaetion the interest
aiken by the government Of the Unieel Ssates. 10 |
lht spesdY opening ~ way Of communication b.
tween The tSo seas bY the isthmds OF pehuantepse,
40 hchiy Important on account of the advantages
that must result from H. both 20 Mexico Rad ,ha
United States. and generally to all nations Zoe
wsrk wiz OF he deferred. aud With view 10 tho
eonsunation Of the same, efforts viii be robie aud
m asures adopted which may satisfy The cxpeete-
ten Of those governments tnat arc interested IN
the 5aVe opn sus aud hotter progress of commerce
TIE undersigpsd will hasten 70 inform his govern
ment what the views which tho Secretary Of
State has lately communicated 10 him upon this
subject: in abe moanwile, however. he deems u 10
be his duty 20 say him, that he has not YET re-
cevcd FROM his gorsrnmsst any proposition which
could actually be made the subject of new nego-
tis,ioD
The government If Mexico, ayroeab,v to the SEN
timepts expressed by the President OF this republic
in his last message, has always shown itself ready TO
conclude n treaty providing that tho way Of com
municaion to he opened should not be of an exclu-
siye character but be free and common to tho COM
merce OF the entire orld and it's only has been,
that IL should contain nothing which might endan-
ger its safety redound to its own injury pre-
judioe, which might be at variance with its Dig
nifty, tho security and i'm nunity 0. rights and pre-
negatives, free, sovereign and Independent ma
ton.
The undersigned win add, that by toe derrse
which WAS issued on tho fourteenth OF last May. the
government is directed to enter into negotiations,
by treaties. with the powers that allies Of the
republic. for the express recognition Of tho neutral
ity Of .he transit Of che lsthmus IN Of war; in
order that the advantages Of the way Of com'nini-
cntiop, may be lasting and pcroetnal. Thisrcpnb'ic
was donbtlessly OF those comprised in said de-
cree: ard il would certainly be matter of great
pride the undersigned, it. through his instrumen.
tally. the governments Of the two nations could
come 70 an ngreelne on this subject
The Secretary Of State calls very special at
tcnton TO three points, which nre, undoubtedly,
worthy of consideration. Mexico viii never cease
To appreciate the repeated assurances of the
government ct the United States. that, in The
opening of he way of Communication, IL has not
desired to obtain any exclusive advantages for itsci
but the common benefit Of oil nations This is n
noble sentiment, and worthy of an enlightened
ton. upon which il reflects infinite honor. Mexico
has invariably cherished tbe same, siace any serious
idea has been entertained of consummoting this
work. ard this sentiment has been solemnly laid
down in the decree which she has just issued. by dc
clerug that the inter oceanic communication by the
lsbmus shall be free and open to al the nations Of
the world.
This granted and there being no intention what
ever 10 exclude any one from the right Of Transit,
there is no necessity for inquiriog how far the
opinion advanced by the Secretary of State, in re-
gard to The obligation resting upon nations to allow
reasonable transit through their territory, ana the
notifications and restrictions with which this must
be understood would be applied, be applicable TO
the present ease.
Nor can the execution Of the work present any
serious doubts TO the government Of this republic
because, independent of the fact, that there is no
mTossibiiiy the part of Mexico, trusting in her
resources, TO carry said work into effect, by re-
sorting to some OF the various combinations and
measures that can be put into practise, by stimu-
latipg public spirit, aud showing the necessity and
propIiety Of general and effective operation. In
the aforementioned decree, it sought to remove
all doubts. and the execution Of the work, by
allowing the formation Of a company, in which na-
tves or foreigners could take part, or the latter
only. without any distinction Of nationality and j,
is easy to foresee that, If tho first expedens had
failed in its object, there would have been no lack
Of contractors since it is question Of work which
holds out great advantages to those who may invest
their capital in it.
With regard to the declaration contained in the
third point the undersigned must beg leave TO say,
that Mexico is not ignorant OF the rights which
spring from her Independence and sovereignty. and
the restraints which nations, in their intercourse
with each other, must, by the laws of nations, re-
spect, before which they must pause in their
preteDsions. Mexico, according to her circum-
stances and necessities, has policy pecu-
liar to herself, and in whatever concerns her
interior management, she neither grants nor al
lows Of any influence intervention the part of
any foreign power. These sentiments in accordance
with public opinion, and the interests OF the rcpub
lie. are guaranty for all nations; and the same
will likewise be found embodied in tho decree fire.
quenty allnded to- in which it was ordered that the
contract which the government may enter into
should not contain any clause tending to favor, in
cOnseq nence Of the privileges which said government
may grant. any reclamation whatever, on the part
Of foreign governments, against the republic. nor in
any way to impair the prompt aud full exercise Of
its sovereignty on the Isthmus; and this removes
and prevents all intervention the part Of foreign
powers, whatever they may be, without giving rise
to any cause for fear lest the way Of communication
should be placed under the exclusive control and SUI
pervsion Of any power.
Before concluding this note, the undersigned can
not avoid touchiDg-altheugh he maxdo so very SUI
peIfcisly-upon mother point, about which the So
cretary Of State has made certain intimations !;
and this is concerning the privilege which had
been granted to DR.. Jose Garay, notwithstanding
that he does nothing more than simply to refer to
tho opinion entertained by the parties interested,
and those who sustain thcm in regard to this bust
ness; and that BIO only added, at the conclusion of
this note, that the government of the United States
cannot, its part, remain indifferent to these
recl3natjons.
In the various notes which have been exchanged.
and lately, in the statement, which, with view Of
establishing the rights and the justice Of Mexico,
and to vindicate her conduct in this business, the
Minister Of Foreign Relations wrote, of which one
Secretary of State has, no doubt, already been APP
prised, because the minister Of this republic in
Mexico was officially informed of the fact, this
point has been fully considered and discussed; this
renders it unnecessary for the undersigned to enter
into Details since nothing has been presented,
subsequent to these documents. However, If there
is any thing requiring any enlargement or eluci-
dalton, he will not fail to give it.
The undersigned, fully confdng in the cnlighten-
mcnt and equity Of the government Of the United
states, hopee tnat wnen the latter shall nave maue
itself thoroughly acquainted with these documents,
and the lew datas, with which It had not before,
probably, been sufficiently acquainted because they
are filed away among tho archives of Mexico it viii
have found how much Mexico was justified in refu.
sing to acknowledge the existence of the aforesaid
privilege, whose forbidden possession cannot be
sidered lawful, nor has it, until now, been duly
reputed as such it will likewise have become con-
WINGED that the indispensable circumstances and
conditions which, from the beginning, accompanied
said grant, and the subsequent measures which have
been adopted in regard to it, justify the declaration
that has been made.
from which they obtained favorable declaration,
WIS not possessed of absolute and unlimited power,
but was subject TO restrictions; and the nature
Of the power is circumstance which cannot
legislative body qualified said government, and
il had right TO do so, and to invaidatc the
act not only in virtue Of its natural powers, and in
virtue Of the principles and maxms observed in