The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-07-31
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The Tshuantepes Negotiation.
Errors which arise in the discussion of any sub
ject whatever, excuBabie when they spring
from ignorance of the premises. from want of
data upon which correct opinion can be made
up. II 10 therefore not surprising that when the
Tehuantepec affair first attracted attention, there
should have been very general error uron the
subject. But after 30 much has been written upon
1t, and since . pamphlet has been recently circu-
lated which contains the complete history Of this
business, founded upon authentic and unquestion-
able proofs, which file In the archives Of
Mexico. and which were heretofore unknown, Ito
the people Of the United Stntes,) it was to be ex-
pected that more impartial and judicious opin-
ion would have been formed of this subject and it's
incidents, Any error whatever il now nexcusa-
BILE; and If any thing be written disavowing the
truth, it 10 an evidence of want Of impartiality,
and of that prejudice with which all the acts Of
Mexico are examined, and which has so much
contributed to excite passion and to engender
odium, and to foment misunderstanding between
the two nations--the mine which many have
worked, and which, apparently, they still intend
to work, to the great detriment Of the true and
permanent interests Of both nations. and in
manner repugnant to humanity and to civilization.
1t 10 an error 10 believe that Mexico 10 throwing
obstacles in the way of the opening communities
ton through the Isthmus Of Tehuantepec. She
views nothing with greater interest; she desires lie
completion a. much or more than could be desired
by any other nation interested in the advancement
of commerce--because she cannot but know the
great advantages which she must acquire from
this means; and she has lately passed decree,
dated the 14th Of May last, 10 carry this project
into effect.
The bases of that decree nre, that Mexico shaIl
retain the full and free exercise Of her sovereignty
over the lsthmus an indisputable portion of her
territory; the organization of company in
which the government shall be one ofthe partnere;
aud in which every one who desires it may be-
come interested-no one being disqualified on &C.
count Of his nativity for che wishes only the
greatest advantages and security possible in the
way of communication; that if the New Or
leans company, or any other which might be formed
here, should offer those securities it may, with the
previous examination Of the government and ap-
prevail by Congress, become the proprietor of the
whole undertaking: the free and open communi-
cation for all nations, with which the United States
will secure all the advantage afforded to them by
away of communication, nearer, shorter, and ex-
empt from all dangers and embarrassments; final
Iy, the recognition by all nations of the neutrality
of the transit in case Of war in order that the
munication may never be interrupted, and that the
benefits which all nations may derive therefrom
may be permanent and lasting.
Various proposals have been made end are still
being made to the Mexican government; it will
take them into consideration, and acccde to that
enc which shall comprehend the above indicated
particulars; this is proof Of her anxious desire,
and her positive interest. in having the way of COM
munication promptly completed, and in its being
free from monopoly and the speculation of few.
There is, therefore, no intention to- exclude
American citizens from the enterprise, as efforts
have been made TO deduce from the question, or
difficulties, which have arisen with the New Or
leans Company, growing out OF the Garay priv
ege to the extent of its having been asserted, with
notorious inaccuracy, that the privilege an
nulled because Of it's transfer to the Americans.
When the Mexican government, supported by
reasons Of great weight, declared the said prvi-
lege no longer existing, no knowledge was bad of
the New Orleans Company, nor was it then per-
baPs in existence. In order to prove the truth of
this assertion, it ia only necessary to exhibit the
dates of certain unquestionuble acts and that they
exist in all the purity of absol1to truth.
Garay, to whom General Santa Anna, on the
LIST of March, 1912, made the grant which has
given rise to the present question, transferred to
Messrs. Manning and Macintosh, English sub
jects, on the 7th Of January, lS47, the right to
coloniZe, and not the pririeSs Of opening the toay
Of communication, Of which that formed part. as
appears from the public contract, in which it is
stated tat he does NOT gius them any right 10 carry
on navigation from one sea to the other" The
Mexican government, on the 18th Of July, ls4S
made acquainted with this transfer limited to
the object indicated.
These same Messrs. Manning and Macintosh,
English subjects, applied to the government on
the 18th of January, lS49, styling themselves not
only tho proprietors of the privilege of COLOMBIA
ton. but also of that of the way of intercommu-
nicaton; that it, grantees of all the rights and
interests Of Garay. The government, which had
not given its assent, nor indeed had any know
ledge of this transfer, met with strong reasons, de-
rived from the decree of concession ITSELF for not
considering it to be in force, and declared, on the
sth Of March, lS49, that cit could not recognise the
house Of Mann,ng and Mackintosh English sub
jscts) soith the invesfifure had assumed of being
the tranJsrees Of Garay in the ,ooy of
bet,osen the t,,o seas" which gave rise to sundry
memorable from the house of Manning and Mack
intosh resisting this declaration, until they ceased
making applications to the government, on the
25th OF July, lS49.
From these certain facts and documents, worthy
of the highest credit, it ia deduced that from the
time the grant came into the hands of Englisi sub
jccts, the government of Mexico refused to recog-
mise the transfer, and to regard the privilege as
being still in force; and what has been believed,
and what is still being asserted by some persons,
is not correct, namely, that Mexico respected the
privilege while it was in the possession of Engl
subjects, and that she has disavowcd it and de-
clared it null since it passed into the hands OF
American citizens.
This first ,sition being assumed, and from that
time the careful and detailed examination Of this
subject being commenced it is not surprising that
the aforesaid declaration of the government, dated
May 8, lS49, should have been confirmed and
strengthened by the decree dated May %, 1855,
which declared void the grant TO Garay. Neither
should it give rise to surprise that this decree
should have been followed by the suspension of the
survey which the American engineers were maxi
ing, to whom entry was permitted, as would have
been to any scientific corps, but not recognising
them as the agents Of any company which should
have any claim to the privilege Of the opening of
way OF communication. Still less astonishing il il
that the treaty, whose basis was that privilege,