The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-05
me. by the above mentioned decree Of the c. as.;,v

. Ii Tacubayh n Ia nuul
and void The government will rs asmit TO Congress
for its reyen other correspon us purnosos ali IN,
legislative measures adopted by ne provisional govern
m.nt sp, &c me 0Tgan,cos latter, until the publ
Art 1t declared the since the publication Of the
to perform any OF legislative act excrnt snch 40
absolutely nd eensabe and for the constitutional
induction 81 the sslatvc and executive powers Of the
republic suotct 40 the revision and examination of Con
gress Therefore NIL such executed BY said
government out Of the pale OF this category rot in
ter Of the shall immediately transmit them to tha
Chamber Of Deputies with its views relative to th6c
which worthy of being ratified and what terms
This Is the true history Of the so-calied Garay
grant, up to the lst April 1885, and it is remark
able fact, that all mention Of the act Of the Mexi
can Congress OF that date is suppressed in the vou-
minoas documents transmitted to the Senate by the
On the Goth June 'followng-ten days before the
expiration Of the extended period allowed by the
decree Of 2Sth December, lS43-Garay applied to
the government of Mexico representing that ne was
unable to comply with the conditions OF his contract
within the stipulated period. and soliciting new
extension and new grants But the constitutional
Congress having. on the lst April previous, de-
clared the DEGREES of Santa Anna, which were the
foundation of that contract. unconstitutional and
"not in orce," Garays application was referred by
the executive to the Chamber OF Deputies ms re-
quired by the law of the lst April, above quoted
The matter was referred to committee, who report
ed in favor of confirming the grant, with O. further
extension Of time and some of the additional privi
legcs solicited; and to that effect passed the
Chamber Of Deputies, and being sent to the Senate.
was favofably reported on by committee, but not
approved by the Senate, which adjourned without
having ken any action thereon
Shall undertake to prove that an act which
passed the Chamber os Deputies, but failed in the
Senate mere nUlityl Every child CT twelve
years of age, who has read the constitution Of the
United States, knows that though an act may
pass the House OF Representatives and be aveca ably
reported by committee tf the Senate, it isa
mere nullity unless approved by vote Of the.
Senate. whose assent is indispensable to give it
lidity, life, and being The constitution of Mexico
is in this respect identical with that of the United
States; and yet o committee of the United States
Senate because they do not doubt that the act Of the
Chamber of Deputies would have received the sane
ton Of the Senate, If time had been allowed before
the adjournment, threaten Mexico with inter
course and war; unless she submits to recognise as
valid and subsistDg the privileges which that act
was intended to confer on q Mexican citizen. And
their aTgumentatiye misstatement Of the case as
sumes that the intention of Congress- thus indicated
by the action Of one House, and of committee of
the other, justified the Mexican executive in usurp-
which was copy of the law thus accidentally frus-
trated." Will any sane man assert that the Presi-
dent of the United States con promulgate decree,
giving validity to q law passed by one House Of
Congress- and favorably report ted by committee of,
but not acted in the other, because he does not
doubt that it would have received the sanction OF
that other House. as required by the constitution;
if sufficient time had been allowed for their action
Mexico by the Committee Of Foreign Relations in
their Tehuantepec report. 0, feppUa O, nlores!
But Garay himself, in 1916, asserted ne such
extravagant doctrine; for, on the 18th October of
that year, he addressed a petition to the Mexican
executive in which it admitted that the autho-
rity now claimed for Salas by the Senate committee
was . not within the reach Of the executive power
of the nation In that petition, Garay. admitting
that Congress, and Congress alone, had authority
to confirm and extend the period of his alleged
grant, said: :" i have no doubt but that Congress
will take into consideration this important bust .
ness, and that the resolution Of the Chamber Of
Deputies will be adopted F" lnthe meanwhile, he
asked Of the executive to adopt certain temporary
measures, relating to the introduction Of coonists
granted in behalf Of other colonization undertake
ings," and were within the reach of the executive
power"
In reference to the action of Salas, the Provi-
sional President, upon this petition OF Garay, the
Mexican Minister of Foreign Relations says =
Great undertakings are the surest means aud most
desire is 70 IL is be
carried beyond just bounds IL was thus with ths pro-
visionsl government which exceeding not only ne re-
quests but probably the hopes Of Garay Crane
him what depended on its own authority End was Within
the reach Of the executive power of the nation ADD
moreover granted him what the recpien: OF tae giant
himself had reserved 70 obtain afterwards from Congress
as n grant exclusively under its control
Thus was done by saas decree y 2rh DEGREES Of
as4o Ie, a VIII fh further extension Of two years
from that date for the fulflmert of the conditions
Without entering into the motives Of General Salas,
IL is clear that this decree unconstitutional and
void. The Senate committee assume that he was
Dictator, vested with absolute and supreme power.
But this is great historical error Neither the
stitution of 1924 then in force, the Plan nc
Ia C,u6aasd, conferred on him any such authority.
The "Pidn dc Ia Citdadelq, "a temporary consti-
tuition, proclaimed by the army, and acuuiesced in
by the people of Mexico, in the emergencies of war
and invasion-dd it is true, confer him extraor-
binary powers for the defence of the country. He
was authorized to adopt such measures as may be
the national flag, and to perform this sacred duty
with out single moments loss - But it cannot be
pretended that the decree of the 9th November,
1876, was of this character fand in all that did
not concern the war, and the immediate defence OF
the country, the authority OF Salas was limited by
the constitution of 1924 which, in les restrictions of
the executive power, was copied from and similar
to the constitution of the United States
The Senate committee say :-"And the work was
actually commenced prior to that dats"-the 9th
November. lS4S
In this the committee have been deceived The
work upon the inter. oceanic communication was
not CONNIE need prior to that date; and the commit
tee have been led into this by confounding the
railroad and canal with temporary wagon road,
begun by Manning & Macintosh for their own con-
veDience in colonizing lands the Is,hmus, under
their sub. contract with Garay. That contract was
entirely independent OF, and unconnected With, the
the work Of the railroad and canal 1t express
ly declared, in the agreement between Garay and
Messrs Manning s. Macintosh and in the memo
rial which Garay addressed to the Mexican govern
ment asking its assent to the proposed contract Of
colonization. In that memorial Garay urged upon
the Mexican government, that the coyetous eyes
Of the United States of the North were already fixed
upon the Isthmus, and II therefore necessary to
create there British interests, which could no; be
trampled on like those of Mexico" This was in
lS47, curing the war. Yet the Mexican govern
ment even then, would not give its assent without
requiring, in express terms, the Remuneration Of ma
tiopality, provided for by the 18th article of the
decree of the 9th November, l8i6-anothcr impor-
tant feature in this case, which is suppressed by the
Department Of State, and overlooked by the Senate
committee -
According 10 the spirit OF the aforesaid law (of the
9Th November 1s4G) this renuncation, aid the Mexi
Cover nnent, In giving its assent to tho colonization
contract OF Manning Nackintosh must take piece in
the most positive and conclusive manner the part Of
the feeTs that whatever circumstances may happen
and whatever these mDy require neither the
settlers aforesaid, the PROJECTORS in any Gaze
or for any ceuso plead oen privileges, any other
ari1i le1.aec VII