The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-08-16


LIST. That there ia such contradiction, as tn
author of the article has fancied between the rsso
| luton Of the government, OF the 9th July, lS4l
approving the transfer of the right Of colonization
and the decree Of Congress of 2lst May, 1851, de
claring void Gen. Salas's decree of 9th November
ls46, relative to the exclusive privilege of Don Jos
Garay.
ID That the transfer of the right of coIonisatio,
might sasiiv be considered valid on the 9Th Sep
tember, 1877; and the same, and that Of opening
the way OF communication, be declared void on tn,
22d May, 1851; because, rs has been indicated
this last right. and the prior recognition Of the 9tt
July, ls47 were subject to the action Of the legis
ative body.
If in this declaration the first had been pronoun
ced valid aud the second invalid although Congress
might do 30 in virtue of it's authority, certain de-
gree Of contradiction ,inaPpropriateness, and rreg
uiarity would have been observable; but this can.
not be asserted, since both were void, because Tin
the language of the author Of this arce) "the two
ndissoluble; they born together, called into
existence by the same authority, embodied in the
same instrument; they were both in gremio caden
niatyis.
The authority that had given life to the one, left
the other open to the decision Of Congress, after
wards adopted, which declared both void and in.
valid; and although both, az is said, were engen.
dered IN gremio cadem matris, they have not been
recognized to be legitimate, because what was to b.
done with one remained subject to what should be
subsequently done with the other, and both we're
repudiated.
The foregoing explanations having been made
in regard to the various points treated in the
article published in the Republic Of the 9th in
stant, 1t will the more readily be understood
why In my former article asserted that the
Mexican government had knowledge of the trans,
fer made to Messrs. Manning and Mackintosb, on
the 18th Of July, lsaS; for although the answer OF
the Mexican Commissioners of 9th September
lS47, alluded thereto, and on the 9th of July Of the
same year the Government gave it's approval to
the contract which, fur the frat time. G array men,
toned in his communication OF the l4th May, it
was not until the 18Th July. lS4S, that it had
notice that the contract had been amended in
the particulars mentioned. The important con-
not and ought not to be omitted, were order
ed TO be inserted; it had not yet had notice of
the execution and fulhlment thereof until
that date, that ia, after the lapse OF eighteen
months; therefore it can with propriety be stated
that that date it had formal notice thereof Then
it was that the public contract which had been
made in conformity with those conditions was laid
before it. So that, taking into view the first notice
of the l4h May, ls47, the last of the 18th July,
1S4S, or the other successive acts down to the 9Th
March, lS49, 1t still remains proved that when the
Government refused to recognise the transfer of
the privilege Of the WY of comm uncation, it was
in the hands Of English subjects and not of Amcri
can ctizens this was what intended to explain,
in order to remove the error through which etE.-:-
have constantly been made to excite odium and
hatred against Mexico.
The words fright Of coionisation," used in
speaking Of the transfer of which notice was given
to the government and its approval obtained have
been employed with propriety; for although the
hended not only this but many other rights, the
Il apsfer that Garay ma de to Manning and Mackin.
tosh was limited solely to that relating to COLOMBIA
ton; and the approval OF the government could
not consequently go beyond this limit, and be cx
tended to the other right Of the way Of colnmuni.
cation.
In order to overturn this assertion, the fol.
lowing observations have been advanced: The
grant of lands made to Garay mentioned in the
Nr NJ -
is copied in that particularly from the contract
made in virtue thereof, from the statement of Feb
ruary 9. lS49 copied for the most part perbatiu,,
which Garay addressed to the Mexican govern.
Vera Cruz and Oajaca to put him in possession of
the lands, the language whereof is mentioned, and
from the decree Of the Provisional President, Don
Nicolas Bravo, was in consideration Of the under
the lsthinus of Tehunantepec, and not because any
objection existed to coonize the Isthmus.
This grant, they say. is either to be considered
as u grant in fee simple, conditioned upon the
execution OF the way of communication, or as
an absolute and unconditional privilege. In
either case those who claim it, in consequence of
The grant made to Garay, have right to the laid
ands; but In the first there is also the circum
stance that the validity Of the transfer m de to
aud Macintosh being admitted, the
right to construct the work is also admitted, be.
cause the government would not have made gra.
luitous donation, either to them or to Garay, of
The public vacant l,nds in an extent Of twenty
leagues in straight line across the Isthmus, un-
less with the object that they should construct the
railroad; from this it has been attempted to draw
the inference that the claimants have q right
to the lands without any condition or obligation to
construct q railroad.
have endeavored to state the observations with
their full force, and perhaps even stronger than
their author, in order that the reply may be cor.
rectly appreciated.
OF the two parts Of which they are composed no
one can fail to know that the fret is totally mad
Missile, because the advantages to be derived by
the contractor from the eted landslide grant be-
ing extended even to those which had been there.
tofore destined for colonization, and were unset.
lied, and uncultivated-could not have taken place
without some impelling cause, II ia necessary,
then. to inquire into the origin of q concession Of
such magnitude; and thisis to be found in the state
nent made to the government by Garay himself
IN the 25th February, 1912, enclosing the project
communication bet,oeen the too seas, in which
&c offered himself to be the executor of The ,pork
md stated that what he asked for as an indemnity
or the expenses was not much, considering what he
had to do. The project as offered met with vcrv
slight alterations, and in three days the decree Of
lst March, 1912, 30 often cited, was issued eonfd
ng the execution Of the sork to the same Mr. Garav;
III Of which appears in the report Of the Senate
with which it would seem that the au
hor OF the article is very we'll acquainted.
II is Geen, then, that the lands included /, N.
grants made to the contractor were in order 10 in
fcmntiy him for the expenses he should incur and
or no other reason or motive. II any further proof
)e required IL VIII DC found in the decree Of con-
ession ITSELF in the 9Th article whereof it il 40
'ressy stated II is therefore ndefensible that the
rant Of lands could be considered as fec simpie
nd absolute, and without any condition, as ia
sscrted in the second portion of the alternative
proposed
Having refutcd this part of the proposition, if |
ve proceed to examine the other it will be found as
before stated. that the argument is contra produ
fnten; and that in advancing it he has furnished |
powerful weapon to destroy all his allegations in |
Import Of the transfer made to Manning and Mack. |
ntosh. This will be demonstrated in a few words.
tnpPcars from what has just been stated IT,. !
be grant OF lands was made 10 Garay to construct
he way Of communication; it also appears that this
'as to INDEMNITY him for the expenses Of The cxecn
ion Of the work. II has been seen that this was |
onded to Aim, and that he offered to be the er,e,.
r. Il 10 proved BY the contract of 7th January.
s47, made In Mexico before the notary public. DON
.amon DC IA Cueva, that the transfer made to
1esara. Manning and Macintosh was limited onlv
the lands and the introduction Of settlers, and
nat the construction Of the way of communication
array expressly reserved to himself as is clearly
zen IN the 9th md 9th clauses, and in the state.
,ent OF the 18th May Of the came year, lS47, in
'htch nc collected the approval Of the contract.
From all this 1t results that for the validity of the
'ansfcr made to- Manning and Macintosh, aud In |
rdCr that II might be considered IA nerfect ,,L |