The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-07-31

In order too that reason may not be led astray,
and that the decison should not be the result of the
impulse Of the passions, rather than the inspra.
tions Of truth and jus tice ii ia necessary to bear in
mind essential fact, of great Importance, and it
il, that the privilege to open the way OF communi'
cation granted TO Garay by General Santa Anna,
at the time of his temporary administrations, was
itself subject to be submitted to the revision OF the
legislative body, according to the express article
OF the plan of Tacubaya, adopted by the nation
law, and which was the code, and the only rule
prescribed to him for the exercise Of the supreme
power. This article, sixth basis, Of the plan of
Iacubaya, was confirmed by the decree passed in
Congress on the lst of April, lS45. <
Hence il is deduccd that the grant could not be
considered entirely complete and perfect until 1t
should be confirmed by the Legislative body. This
was a necessary and inherent condition to all the
acts of General Santa Anna, particularly thoae
which had Legislative character. Thus the pro-
visions in regard to the way of communication
were reduced, in clear and precise language, to
the following: the privilege Of the opening of ,ray
Of communication through the Isthmus Of 7shuantepec
is granted TO Don Jose Gayay. provided that the isgis
l6ps body, tie srercise Of the po,pers srpressy
served 10 it BY the nation. shall confirm this grant.
Now, this legislative revision was begun, but was
not terminated, and the subject was legally pend
ing in the Senate, when, in the year 1851 attention
began to be strongly attracted to il; tho Senate
took IL into consideration, and by the decree above
referred to of the same year, 1851, both Houses de-
clared the said privilege null and void.
From the foregoing it 10 clear that the condition
inherent to the grant-that condition which had
left 1t incomplete and imperfect, and in virtue of
which, irrevocabe rights could not have been
transferred, was in full force when the DEGREES in
regard to the said grant were declared null and
void. Consequently this declaration cannot give
rise to complaints or claims of any kind, because
it has been the result Of condition necessary and
inherent to the same original contract which must
be considered as the basis of the subsequent acts.
When these facts known, and the affair shall
have been fully and mpartially investigated, it is
not to be doubted that the wisdom and sense Of
justice of Congress, now about to inquire into the
case will perceive and respect the truth and JUS
tice by which Mexico is fortified in her present
position; and that it will abundanty appear that
she has not violated her engagements nor in the
slightest degree failed in her pledged faith; that
she does not repudiats her contracts, but complies
with them, only requiring the due fullment ofthcir
conditions; that she does not deprive any citizen of
his rights, when according to law and justice they
ought 10 be respected; that she does not refuse
ratlly Veaues, except When, IN Inc exercise OF
right which nobody can deny her, she finds. from
grave considerations, that they are inadmis-
sbe; and, finally, that she does not imprison
coneuls, (for this is also mixed up with the Te-
huantepec affair,) except in granting protection
asked of her authorities by American citizens
themselves, and this after having duly certified
herself that she might properly do so according
to the laws of nations. .... rs. ...
There will not, then, be found in all this that
aggregate of grievances which it is feared may de-
stroy that cordially and good feeling the inter
ruption of which oil philanthropists must deplore.
These suggestions would readily occur to any
one acquainted with the details of the subjects on
reading the article inserted in the Republic of this
morning under the head of the Tehuantepcc ne
gotiation, and others which appear almost daily.
July %, 1852. VERIDlCUS.