The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-08-25

1 ter was pending Tor its final decision. What dld
| it matter, therefore, that at the beginning the
grant was not repealed, nor had il been for some
time if this the end of the business? The dis
| appearance ofthe Congress which made the decla-
ton could not leave without effect necessary con-
dition, condition which the nation did not wish
do away with, because II was the only guarantee
reserved in order that good use might be made
of the power conferred by il. and in order that the
evils which might arise should not be irrevocabie
There is therefore, reason enough to affirm, us
did in my first article, that for the validity OF the
Garay privilege, the approval Of Congress was
| necessary. ... 49,. ..-..
After this it is easy to specify the value to be at
tached to the other observation intended to prove
that the power Of examining and revising, re-
served TO Congress, did not extend SO far IA to re
pei and repudate what bad been done. Ac-
cording to the author Of the article, the legisla-
tive body was limited 10 act the ridiculous part
Of seeing. hearing, and being silent; the evils
which might arise would continue to produce all
their effects; and the errors committed cosd not be
which the nation would incur by the Ignorance, tor
pidity, malignty of it's rulers be redressed This
conduct ia the more extraordinary, lnasmuch as
they write for people like that of the United States,
jealous of maintaining the integrity of their rights
and of not permitting usurpation and tyranny
| and their consequent effects.
But If it be desired to have more light upon this
point it will be necessary to say that the power
Of examining, revising, confirming or repudiating
the acts OF an extraordinary government, those
of that which may have exercised power by del
egatiOn not consonant with lt5 own nature, or
those of that government which might have any
vice in its origin, has been always among the
faculties Of the legislative power in it's char
acter of sovereign, and have been exercised by
it whenever it had been, in its opinion, proper or
necessary.
So it lie seen among other DEGREES could men,
ton in that issued 18th February, 1881, annulling
many of the acts exercised in virtue OF the cx-
traordinary powers conceded to the government
by the law Of 25th August, 1929, the 9th article
OF which provided that call the laws, DEGREES and
regulations, orders and provisions issued by the
government in virtue Of the said extraordinary
egisiatipe po,ucr, subject to the rsrision Of the
General Congress, being hencefoTh ,cithout effect
until their repision by Congress-" it excerpts only
some that since that time were understood would
be confirmed.
AS in my former article endeavored to show
the grant to Garay had inherent in it the condi-
ton to be submitted to the revision Of the legis-
ative body; IA the government de tacfo which
conceded the grant did not exercise its functions in
an rrevocablc manner, but its acts were subject
to be submitted to the said condition, it follows
that in declaring null and void the said grant,
it made Of right, and no principle of
constitutional legislation has been violated, be-
cause the grant itself authorized this revision,
and it was also founded on express and conclu-
sve provisions. Neither has the contract been
left uniulflled; because the said contract being
entered into in virtue Of decree, was also sub.
iect to this precise and inherent condition.; and
even when it had been recognised by the govern.
ment and it would be certain that the transfer to
Messrs. Manning and Macintosh had the extent
and plenitude it had been intended to give it, not
for that could its esscnce and circumstances be
changed, because such acknowledgment must be
considered conditional and subject, like all That was
practised in this particular, To the final decision
upon this matter, when the legislative body should
have exercised the sovereign authority reserved to
it by the nation, aud which was also among lts
natural powers. .....
Mexico docs not rcpsdiatc the grants emanating
from any government de fdcto, when that govern
ment has been fully authorized thereto without
any condition or Limitation; she has desired that
the rules of International law would be respected
and understood, in virtue Of which the foreigners
who enter into contracts, and those who suostl.
ute Mexican citizens, are subject to the laws and
Ecompetent authorities; because no nation, in what
concerns herself and her internal administration,
and in what relates to things existing in her terri
tory in which these contracts were to have effect,
acknowledges another superior, but the authority
established by the fundamental law for the settle
ment Of these matters And since the time of the
Romans ii was established, and 10 a principle Of
universal law, that he who contracts with another
must first instruct himself and be certain OF the
circumstances and conditions of the other contract
ing party. When Garay made his contract with
the provisional government, when N1cssrs. Man
ming and Macintosh made theirs with Garay,
and the same gentlemen with those who style
themselves their SUCCESSORS, they ought to have
known that General Santa Anna could not concede
any irrevocable right; that neither had General
Saias power to rniiy IT; and that the original grant,
in order to be valid and permanent, ought to have
been approved by the sovereign power OF the ma
ton, legitmately exercised or represented in
Congress composed of individuals chosen by her
self. If in this there was any negligence, ahan-
donment or error OF the Interested parties; IL they
did not we'll examine the matter, its circumstances
and conditions, SO as to ascertain Its uhilty and
advantages, its security, fitness, and stability
the fault ia their own, and hence the consequences
must be attributed to themselves alone.
In order to fascinate the mind, the ce5slon OF
Louisiana has been cited, and the rights acquired
| and obligations incurred by the treaty OF Guada.
| lupe Hidago. Neither was the government oil
Napoleon de factO, with the condition we have seen
| attached to the provisional government of Mexico,
| but government recognised and sustained by
France, with the whole extent and plentitude OF
power to do what it did without requiring further
iormalities and requisites was that which con-
cuded the treaty Of Guadalupe q government de
facio, but constitutional one, whose powers were
exercised in the manner prescribed by the funda-
entail law of the republic; fundamental law whose
| re establishment proclaimed in 1876, afterwards
confirmed by the congress convoked to that effect,
| had been permanently established with the "Acta
- Reformas' of May 81 lS47. This treaty, after
| all the solempitie5 prescribed by the law OF ma
ions were observed, received the approval of both
houses and the ratification of the government, on
the 3Oth May, lS4S. Had the author of the ar.
tice examined the annals OF Mexico, he would
have found the proofs the legitimacy Of that gov
eminent; he would have learned the fact that il
was Congress lcgitimately elected, which at that
| time determined what ought to be the fundamen.
tai laws oil the repuDhc; tha IL dlu 50, ana hat nc
cording TO that constitution, the government Or
ganzed in Queretaro N the said year lS4S, had all
the requisites of legality.
| shall not repeat what have asserted in my
| former article in regard to the decree issued on
l4th May OF this year, 1852, for the opening OF the
| said way Of communication. From is terms, in
serted prbdm by the author OF The article, and from
the analysis made OF every one OF these provisions
the advantages it offered to the commerce OF the
whole world might be correo tly judged. There is
nothing in the decree for which the ncighboring re-
public can be censIrcd. If the existence oil Moxi'
co, "a a sovereign, free, and independent nation
is admitcd,i it Is necessary to admit also the con
scquenc, flowing from this character To deny
them would be to disavow the rights respected by
every nation, unless it would be desired that Mex
leo be the exception to the general rule; and il i;
seen that this could not be done unless fallen from
the height occupied by her she would be destroyed
and nullihed which | believe never will be the
case She has offered free and unimpeded passage
through portion Of her territory TO all nations 80
that all may reap the fruits and advantages oil n
shorter navigation, except from risks and dangers s,
and those arising from the frequent intercourse
with the most distant aud remote parts, which nc
one can now visit without long and expensive
.h.A H., I'LL