The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-08-25

ments. And II Is only limited TO facts known To
everybody, and with which the national and for
eign press has been long engaged The diplomatic
portion was respected; and even ii that were not
the case, and points intimately connected with the
pending treaty had been touched upon, that was
not new procedure worthy of such severe Ian.
known; and it is not very long since the same has
been done here. While the treaty between England
and the United States in regard to the disputed
territory of Nicaragua and Costa RIGA was pend
ing, the Minister PIenpotentiary ofthc latter pub
lished a memoir upon the question OF limits aris-
ing between the two republics. What is solely to
be examined is il that which is alleged in support
of the rights of Mexico be well founded or not, and
II II be true. So long as tho contrary ia not shown
what is affirmed by Mexico must inspire full con-
dence to all those who in good faith are desirous to
know the true and faithful history of this matter.
Knowing, undoubtedly, how difficult it would be
to show by way Of we'll grounded analysis that the
m emoir has not the character indicated, the au-
thor of the article has contented himself with
few generalities, and, after referring to hs ere
monstrance, where, in his opinion, all the obser-
vations contained in the memoir in favor OF the
rig hts of Mexico have been reuted he proceeds to
examine some of the observations contained in my
first article. .. . ,...... '.. ...... ...
He wonders that in few paragraphs have gone
over the history of Garay's privilege. Truth does
not need many words to render it evident; and If
what has been said is enough to make the fact and
the right Ineligible, it cannot be said that more
was necessary, because episodes and amplihca-
llOub only tCHu 10 OBSCURE IL, anu IaCt5 al
ways be presented clearly and in such manner
that without distracting the attention with cir
cumstances little entirely disconnected with the
case. truth in all its plenitude may be fully de.
monsrated. The author of the article thinks diff.
ferently; he believes that in order to be fully
quainted with the grant TO Garay--the history at
least Of what has occurred in Mexico in the last five
years-ought to be presented. do not see any
necessity for this. What connexion with the grant
to Garay has the fact of General Valencia having
been Of the leaders in the revolution Of 1851?
That he had cannons, shells, and munitions of
war, in the citadel; that Paroles began his march
to Guadalaxhra; and Santa Anna from Perote as a
mediator; and finally, that some skirmishes oc-
Cured in the streets of Mexico? All these details
would be very we'll in writing the history of that
republic, but not in order to know that privilege
was conceded in March, 1912; to know that the
object Of this privilege was the opening of way of
inter oceanic Communication through the lsthmus
of Tehuantepec; and that the decree in relation
thereto not having been ratified, in order that it
might have its full effect. the privilege became
tinct; il declared null and void. 1t was enough
for this to state that provisional government was
in existence, and made this concession in virtue Of
the powers conferred upon it, and recognised by
the nation. Every thing else details, which
being omitted leave nothing wanting. l shall not
refer therefore to the other details in order TO avoid
the same fault, notwithstanding that some Of the
assertions made in the article want long explana-
tions to avoid inexactitudcs and misunderstood.
ings II the object proposed by the author of the
visional administration was vicious, and that the
subsequent ones had the same fault, he furnishes
with this reasoning powerful argument against
the grant; because, affected with nulyin its origin,
it could not confer any firm and valid right; and
he is 40 partial to latin phrases, the two rules
generally known, LIST: "Qu0d nullum est, n,ll,pn
product efectum;;" and the Cd: "Quod ab initio
pifiosm est tracto tempore conualescere nil pott,"
may be not inaptly applied.
Ii the plan Of Tacubaya could not produce a le-
gitimate governmental the authority OF the bases
known by that name had disappeared-if it had
never existed, whence did Garay's privilege ema-
and validity based? II it be believed that those
bases (caled Bases of Tacubaya) have Lost their
original character, and their force and efficacy
have disappeared, then it will be necessary to &C
knowledge that the decree of March !, lS42, not
being legitmately issued, therefore it cannot be
considered as q title to the rights which are pre-
tended to be sustained. To give validity to one
part of the plan, and to deny it to the Others is
absurdity which cannot be even thought Of, If
that plan is admitted as the origin and foundation
OF the title OF the grant, it is necessary to admit it
in all tile rest, with all its consequences; and then
arises the obligation imposed on the executive
power by the 9Th of the bases Of being responsible
Tor its acts to the fret Constitutional Congress;
which indicated that only upon this condition was
permitted the establishment of government with
no further limits or restriction than that OF sub
hitting all its acts to the examination and revision
of the Legislative body, in order thus to avoid the
abuse of authority, and the evils which might en-
sue from this immense power being confided to a
single man. These bases afterwards
planned and confirmed by solemn act equally
recognised by the nation, viz: "C0nvenio de la
Estanzuela,'' made on the 9th October, lS4l, in
the I'd article OF which it provided that the acts
of the administration of General Bustamente, as
well as those of that which temporarily followed,
and those of the provisional government which
might be established, must be submitted to the APP
prevail of the first Constitutional Congress; and us
in lS43 an effort was made to elude and render
this obligation notifications by the same provisional
government issuing the decree of Sd October, lS43
providing that the nation legitmately represented
could not take into consideration the political con
duct all that had been done by that extraordinary
government, in virtue Of the immense pawers with
which it was so long time invested, the hrst Con.
stitutiona Congress installed in Is44, annulled by
formal act on the LIST April, lS45, that decree in
which the same responsible power had intended to
sanction all its acts which were open to that exam
ination and ccnsure, so much feared by II; IT de-
clared the said decree null because being the title
and the only condition of the existence OF the gov
eminent ITSELF it could not disavow that obligation
without by the same act rendering Inc thcacious all
that had cmanated from its authority; and, finally
that it null not only because the nation re-
served that sacred and invioable right superior to
all other circumstances and considerations but be-
cause, when ii was issued, that extraordinary
power with which it had been invested had ceased
with the publication of the "Basc5 Organizes,
and for tina it wac provided, in the first
ticlc of safd decree of 1st April, 1915, that il
should send for it's revision and consequent action
all the legislative measures adopted by the pro-
visional government from its establishment til
the publication Of the "Bases Organicas." Among
these measures comprised every thing con-
corning the grant to Garay; that Is to say, the
decree of LIST March, 1912, the subsequent ones
and all the other measures adopted in conformity
with them.
This indsputable authority Of Congress was &C.
knowicdged by the same Garay in his statement te
the government of Goth June, 1915, when he SO
licited the extension Of two years to commence the
work, and other privileges which the Legislative
body alone could grant; and he not only admitted
in Congress the power to take into consideration
the measures pertinent to the privilege. but ba
is most conclusive and must attract much atten
ton, he also recognised that Congress which, il
virtue of the "Plan de Ia Ciudade," OF 4th Au
gust, 1916. proclaimed by General Salas, Was Il
meet on the 9th December OF that year, according
to the convocaton issued two days after proclama
ton of that plan.
He made these express and formal acknowedg
ments through his brother, Don Antonio Garay
his attorney, in the statement of 18th October y
the same year, 1876, in which he expressed:
That the Chamber of Deputies, 10 ,chich notice oa
gpen of the contract entered into for the opening
toay Of communication btt,oecn the t,co seas by Ia
Islhnus Of Ithuantepec, had been pleased 10 ratif
il in the after part of the year lS43, making be