The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-05
Fhe Right OF Way Across the Isthnaus OF
Tchuantepec.
20 TILE EDITOR OF THE HERALD.

NAshlN6TON, sept 10, loo1.
in October and November Of last year l ad-
dressed two communications TO the Washington
Unioa on the subject Of Garays pretended grant Of
n right Of way across the Isthmus of Tehuantepec
Ny object then was, not to throw any impeachment
m the way Of the Tehuansepec treaty, but to show
that the course pursued by the New Orleans Com
pany, and the State Department, was calculated 70
defe rather than pro mote the interests ofthe iorme
that the Mexican government desired TO cultivase
the most intimate friendly relations with the united
Hsates that q kind and conciliatory course would
obtain from Ecxico anything and everything We
could reasonably ask, and amongst other things, the
benefit of sae so called Garay grant to the New
Orleans Company; that the validity of that grant
was to sry the least, too questionable to Justify the
United States government in refusing to treat it as
can open or debateable point y and that the injudi
oious threat made by the Company and Department
Of Stcte of maintaining the alleged rights of Garay
by force would irritate Mexico, and defeat its own
object by preventing the ratification Of the treaty
nv which il was sought to obtain q renewal of that
grant.
have no doubt that if the United States govern
mont had approached Mexico in the spirit Of courte
~ and mutual kindness, it could have easily obtain
cd everything that the New Orleans Company OF
The American people could desire. AS IT is, our
bullying and bungling diplomacy has produced the
results antcipated-has caused the reiectonof the
treaty-hss defeated it's own purpose-has preudiced
American interests generally in Mexico, and
brought deceived reproach the character of the
American government.
The effort then made to avert this reproach from
nv own government has brought upon me the at
tasks Of the employees of Garsy, who have charged
me with opposing American interests, and with
want of patriotism, in vindcating the Mexican side
Of this question.
The affair is now assuming a most serious aspect
The executive has threatened, and the Senate Com
ntee Of Foreign Relations, in their late report,
commend, non intercourse and war unless Mexico
submits to the pretensions of Garay. 1t is there
fore important that the subject should be fully and
committee is q most remarkable document, replete
with errors which may be partly accounted for by
the fact, that in the documents communicated to the
Senate by the Department of State much material
information has been entirely suppressed. As pro-
niSd in my late letter, published in the HERALD Of
The 3lst ult, now proceed to give the information
suppressed in the report Of the State Department,
and overlooked by the Senate committee, confident
that IN SO doing win best promote the honor and
i0terests of my own country. When the whole truth
Is exposed it viii appear
I That the "Gsray grant, was unconstitutional,
Hegal, and invalid
q That it has been forfeited by mon. fulflment of
Is conditions
s. That 80 much Of it as related to the railroad
a.a canal not transferable without the consent
e Mexico, and that her consent to its transfer has
never been given, but always refused.
4 That SO much of it as related to the colonies
Hon Of lands was transferable only by consent OF
Mexico, and on condition that the transferees, if
foreigners should expressly abjure their foreign al
legance, and become, in their persons and property
Mexican citizens.
s That as soon as the feigned transfer to British
~ do nnU fho mt
fepudiated the transfer as invalid and publicly de-
Shared the grant forfeited and void
6. That with full notice of this declaration, sub
eeauent transfer was made to and accepted by those
Of express condition which required them to re-
Bounee their American citizenship.
2. That the conduct Of Garay in this matter has
parties in Mexico' (see Mr. Letcher's despatches,)
and that while the Mexican government therefore
refused to admit his unfounded pretensions, and
British subjects, it is willing and anxious to grant
fhe privilege to the United States, or their citizens
fair terms, in almost any shape they may ask It,
8. That the sole purpose OF the bullying diplomacy
adopted towards Mexico, is to promote the private
m individual interests Of Garoy, Mexican citi.
zen, having no claims to the favor or protection OF
the American people, and who was lately, when 1t
served his purpose their wanton calumna .San
visioDal President of Mexico, issued decree. the
first article of which was as opened between the
WY 9I6 'Pscihc oceans, across the Isthmus Of re-
hnantepec.
By the fourth article, Don Jose Garay was ap-
pointed the agent Of the Mexican government for
the execution Of this enterprise, as follows
The execution of this work shall be entrusted to Don
Jose Garay, to whom conceded the exclusive right to
the same His obligations and compensation shail be as
follows -
First-Don Joee Garay shall cause to be made. at his
expense survey of the ground and direction which
the route follow and also Of the posts which MAY
be deemed most commodious all which shall be con.
N o
months from the date hereof and the works shall be
within the space Of ten months next there
the time specified the exclusive privilege hereby granted
shall
Here il must be remsrked-what the Senate COM
mittee entirely overlooks-
1st-That the privilege granted to Garay was an
Office Of trust, creating him the confidential agent
snd directing partner of a company thus formed be-
point is concisely argued by the Mexican Minister,
with great ability and candor as follows -
His (Garay's) charge Is Of confidence and one OF
that class in which the personal qualities Of the ndv
DIAL consulted. Gaisy is also Spectator, and in
that capacity he undertakes to open way
ton conformity with the government The latter brings
forward capital its lands its protection and three
hundred convic.s the former finds the funds for the
construction OF works and undertakes the manage
ment OF Inc oompapv The proceeds are TO be divided
both in the terms laid down in the law OF the LIST
March which is at the fame time the instrument OF
partnership Garay Is therefore the directing partner
Of the company Their respective Municipalities being
thus defined and laid down it reasonably. or con.
eceLtfousIy be maintained tBe cOnuuenuh
sgent Of the government and manager Of the company
at liberty to transfer both the agency and the man
agement to foreigners and that not only without the
but against the express wishes OF his principal
partner The sbsurdity Of such pretension obviaes
the necessity Of examining it especially Garay by the
act Of having with offence TO the government and
in violation q the law transferred to foreigners the
agency ard management which had been entrusted TO
bis person yitasd his title and consequently forfeited
the rights which that title conferred upon him Caray
might have disposed Of the lands which conceded to
HIM because the government allowed him TO do and
because those lands individually belonged 70 bin while in
the service OF the government but he had no right to
dispose Of the sgeney management Of tic work, 10
cause IL Office Of trust and having done so in
contempt Of the government and the law far from
transferring legitimate hight he has incurred heavy
responsibility.
The proIriety Of this distinction viii be obvious
TO all who consider that although the President, or
any other officer agent Of tho government OF the
UntedStates or oiany bank OF company, nay assign
the salary allowed as comps NATION for bis services