The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-08-06

| performing whatever 10 necessary TO ,..l;y. rho
undertaking, the Supreme Govrrnuont ought
without delay to direct the authorities L. place at
my disposal the lands through which lie rpad mus
pass, from the bar Of San Francisco in the south
70 that OF Coatzacoaicos on the NORTH, as well
in the fifth article of the decree.
according then to tho above staitmc uts and T.,
the claims which my agreement gives me, | beg
that the supreme government may be plras.L T.,
issoe orders to put me la Possession of tne ,crr,
tories through which the works must be carried on
as well as for the fulfilnent Of the 9th arcle Of
the above mentioned decree Of the let March, fan
engagement ON the part Of The government t., give
the enterprise every protection and assistance I
~ must, besides, call the attention of tn. Su.
Preme Government to the circumstance ha, var-
GUS portions OF land on the shores of the river Co
atzacoalcos through which thesline of communica
tion must pass, hzving been granted to colonists
it is natural that they will allege their rights az
propr,stor.. against those hare acquired BY my
The Minister Of Foreign Affairs, in reply to this
apphca'lon' addresses letter to the Governors Of
oajaca and Vera Cruz, in which he says: "On the
ire: OF May of last year. the Provisional President
published decree granting to Don Jose de Garay
an exclusive privilege to open a communicated
between the Pacific and Atlantic oceans, on the
isthmus OF iehuantepec, ceding to MIN by article
the 9th the possession Of the untenunte lands that
lay within ten leagues each side Of the projected
road, and promising by article 7th to render him
every assistance in carrying on both the survey
TAis letter was accompanied by the decree of
Nicolas Bravo Benementus, of the Country and
Provisional President Of the Republic of Mexico;
10 all the inhabitants be it known
That grant having been made in favor of the
UNDERTAKING to open a communication between
the two oceans through the Isthmus of Tebuante-
pee OF ne untenanted lands lying within ten
leagues OF both sides Of the line of lion
1t is obvious, from the authorities quoted
That the grant Of lands to Garay was in con-
sideration OF his undertaking to construct a way
OF communication acrosa the Isthmus Of Tchuan-
tepec
2 That the grant was not made in consideration
OF mn engagement 10 COLOMBO the Isth,nus
The grant Of lands to Garay was either . grant
IN Zee simple conditioned upon the ution of the
way OF communication, or it was an absolute and
unconditional patent; and the parties claiming
under Garay own in fee simplc all the lands re.
ferred to in the Charter and the decree of Bravo.
fnt the acknowledgment Of the validity of the
transfer to ming and Macintosh recog nises their
right to construct the work for no government
would have bestowed upon them or upon Garay
all the vacant land within twenty leagues of lnca
distance across the lsthmus OF Tehuantepec as q
gratuity.
The lands were relied ON to construct a railroad
across the Isthmus. The decree Of Saias required
that cooniss introduced by the proprietors should
he registered. and that notice Of their introd
should be given TO the government. The sale to
Manning and Macintosh was make to effect the
constr uction of the railroad
Upon the alternative propositions stated. the
American claimants have clearly either an admit
ted title to all the land vacant within the conceded
limits on the lst March, 1884, absolutely and with.
out condition, Or they entitled to the same
lands; charged with the construction OF railroad
Mexico can tax sc either. Probably the whole grant
untrammelIed by any obligation, would be most
valuable But, according to Veridicus, the Senate
report, and the imported pamphlet, Mexico ac-
knowledged the validity of some grant to Manning
and Macintosh. II should certainly be dcsig.
mated, for the American claimants have been
driven from the Isthmus, and despoiled of every
thing conveyed to them by Manning and Macin-
Mexico did acknowledge as having been conveyed
BY Garay to. Manning and Macintosh since
they have realized nothing from the transfer of all
that the latter acquired.
With proper apologies for the unavoidable
length OF this communication, it's completion is
deferred to another article.
AMERIrUS