The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-08-13


great straits. She therefore provided that tn
contract to be made should not contain an,
clause which might favor, through the right
| which che conceded. the claims Of foreign govern
| ments against the republic; which should il
anywise diminish the full and prompt exercise o
her sovereignty over the said Isthmus of Tehuan
| tepec. She thus made known that she wouIc
proceed with prudence and elaboration; that she
did not desire any further sacrifices; that she
wished to restore to principles the strength they had
lost; and that she would remove from Me xico tina,
very peculiar system which had been there only fol
loved by foreguers in all affairs relating to them-a
system which 10 seen with deep and profound regre,
by those who know the true principles Of inter- a
tional law, and what is practiced in all natons-n
system under which more than once has he seen
peace, and her dearest interests, jeoparded, and
with which she has been menaced and oppres seed
In this provision she has endeavored to preserve
TO the nation its prerogatives by preventing oreig
Intervention in her own affairs, and by doing what
every nation jealous Of its independence, dignity
and resPectability, would do.
II was solemnly declared therein that the inter
oceanic communication through the Isthmus shall
be free and open to all nations, to exhibit
the sentiments which from the beginning have
animated her. avoiding all exclusive right which
might change the permanent interests that ma
tons have in the advancement and freedom OF
their respective commerce, and in order that,
putting all upon the same footing, there should
not be the slightest for complaint because of
undue and injurious preferences. This idea is in
conformity with that expressed by men Of gen =
erous aud elevated sentiments when speaking of
this kind OF enterprises; and has been supported
by the highly respectable opinion of the present
President Of the United States, contained in his
last annual message to Congress-; and in the note
OF the Secretary OF State Of the 30th June. recently
published in the New York Herald. Where, then,
ia that monopoly, that covetousncss, which 10 sup.
posed to be on the part OF Mexico! Where those
onerous conditions and those Interested views! Is
the frmest support in the law Of nations, in uni
versal morality, and in the bounds of reason and
justice! Does Mexico assume more than any other
enlightened nation in similar circumstances, with
OF her rights and prerogatves, and endeavoring
to conform strictly to those rules, the force and
sPecta bhty Of which admitted, and observed by
all in like cases
secure to the whole world the free and unimpeded
passage through the Isthmus. She has provided in
the last article of the said decree that the govern.
ment will negotiate with the powers connected by
treaties with the republic, the express recogn ion
OF the neutrality OF the transit by the IsIbmus,
in case Of war; and in this manner the beneli Of
this way OF communication can never be disturbed.
They will be lasting and perpetual; nd the ations
Will mud themselves not only freed from the evils
which commerce would suffer IL this werc not slip.
ulated, but also secured IRON any hostile attempt
which might be the more easy from the opening of
this way Of communication.
The provisions contained in this decree being
now known, q correct idea can be formed
OF the statements 10 the article before in re-
gard to 1t; and 1t will be that the odious mo.
nopoly which Mexico is supposed to exercise, those
heavy and violent exactions with which it ia be-
lieved that she will oppress the Inhabitants OF this
Republic and the entire world, cannot be deduced
from i's clear and conclusive language; it will at
the same time be seen that what has be en- stated
az certain, real, and positive, Is nothing more
than uniounded conjectures and baseess supposi-
tons; and, what Ia the more singular, to believe
that all this will be done, and yet Mexico be sus-
tanned by other nations.
Mexico, neither in the decreea she haa isaneI
nor in the projects which have been submitted
to her, nor in the various proposals which have
been made TO her, and taken into consideration,
has shown that she is inclined to levy those
enormous exactions and tributes which il il
asserted she would exact from every ole who
might make use of the transit; seating herself
upon the lshmus, they say, like her ancestors
were stationed upon the Pillars OF Hercules. Upon
this let US be permitted to remark that, until
now, we had understood that the Pillars of Her
cules bad, for long time, been limit to naviga
ton IN remote antiquity beca use the seas had not
been explored, nor would they have been ventured
upon without the means and helps which were az
forwards invented to penetrate into unknown re-
gions; but not that the owners of that strait im.
posed upon navigators such conditions and cxac.
tons as would impede, render very difficult and
costly, their transit through it.
BE this as 1t may, there is nothing now to lead
to the belief that such vexations will be commit
ted persons, gold, merchandise, and other prom
erty, will have a free and unimpeded transit. MEX
leo, in whatever she may do and enact, will do
only what she can and ought to do, according to
the law Of nations, the necessities of the times
and the exigencies Of civilization. ANY one who
knows the force and signiir alton of the language
made use OF in the decree, will understand all the
advantages which are secured by il; and the
alarms and uneasiness which it has been endea.
vored to excite against all idea anticipation that
the way Of communication will not be opened by
Garay's privilege, will be easily dissipated
How can il be believed that commerce would be
restricted TO inadequate means Of communication
10 ol1N arolS kutt
munication to be opened must be q canal railroad.
or highway? Or, ii the right be denied to Mexico
to say what is to be done within her own territory,
and what may be most practicable or advantage,
Gus, what would be said II any Of the nations who
have the most intimate commercial relations with
the United States should assume to designate the
points where roads ought to be opened or to pass:
the mode OF constructing them; the means of iran.
sport which ought to be used; the burden or ton.
mage OF the vessels laden with transports the oplv
duties which should be levied; the conditions and
other natters OF this kind. Would they be suffer.
ed! Would they bow their head to receive the law
attempted to be imposed upon them? Could any
nation be considered as such and maintain her
character "a nation and yet tolerate such inter
ference! II this be not presumabe whils treating
Of the United States. why in treating Of Mexico
10 1t all believed TO be possible, and permittcds Ia
it forgotten that she Is nation of equal privileges
with oil other independent powers and that che has
rights which must be respected, and no nation car
d'sayow without authorizing similar acts towards
itself!
Not less without foundation is the fear that the
way OF communication might become subject to
the authority OF hostile powers. How can this ne
presumed when it has been that i; has
been expressly provided that the ooatract to be
made shall give no room tor claim TO any foreicn
nation Does not this clearly indicate that the OBJ
jeot 10 toprcvent any Prevention Aud when this is
80 managed, and SO much preceution il cxhibiiei.
can y be believed that thia road will 10 delivered
oyer to inilnlcal powers, especially as the govern
nent OF Mexico 10 to be one Of the partners in the
company which is to be composed o. private iudi.
viduals Such suppositons are entirely unfounded
and It will require but little attention to be entirely
convinced of this, 1
10 regard to the treaty which may be made
WIN other nations, no one can maintain with
COCO reasons that 1t would not be a guarantee,
not only because it removes from the pessa ere
oy the isthmus all the evils and risks which com.
mcrce meets with when war 10 declared between
any OF them, but tina, because guarantee ,r be grant
{. 6y all nations. after they shall have been en-.
treiy satisfied of every thing in regard thereto:
IN which case it 10 utterly improbable that thew
would act contrary to their true interests and fail
to acknowledge what would be so uscfui aud adj
vsn.a soous, seeing on t other hand that Mexico.
in The construction vi this way of communicate
and N he prov in ID