The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-08-16

vested the capital and in the discussions for peac
which took place, the commissioners for, the gov
brought forward ss proof Of the approval which
said government had given to the transfer mad,
by Garay to the house of Manning and Mackin
'Itis certain that transfer did exst, but in wha
did II consist! Certainly only so far as REGARDED
the colonization Of the lands, which was the only
one known. This was the only one, therefore, t.
which the commissioners rould have referred, wher
some years since the government of the republic
had granted some privilege in regard to this mat
ter to some private contractor which privilege was
soon afterwards transferred to English subjects By
autO' tty Of said government, &C.. This authorize.
ton had only been granted for the transfer of the
right OF colonization, which was the only contract
then in existence; in this manner, the commis.
soners did nothing more than to state fact which
was true in every particular.
THAT no other contract existed than the one al.
luded to. and that on the 9th of September, lS47
Garay still held the privilege of opening the line
OF communication, 10 clearly proved on his own
aimee by the representative of Manning. 1t ha.
been seen that the government imposed upon Ga
ray the obligation Of delivering certified copy oil
new deed which they were about to exc
govern ment approved of the transfer of the right
Of colonization Well, then, Garay did not present
II until the 18th Of july l64S, ten months after the
pee &c conferences; and in transmitting it to the
Foreign Office he says, that it is the agreed
between him and the representative Of the house
ofManning and N1ackintosh, with respect to the lands
and colonization Of the Isthmus of Tehuantepec
tDhch contract had already been oprooed Of by the
supreme government &c. This document alone
would suffice to prove that, at that time. no other
contract existed than the of colonization, md,
consequently, that government could not have
era ned its sanction TO one for opening the line of
communication when no such contract existed.
Another still more convincing proof exists in the
instrument drawn between Garay and the repre-
sentative Of Manning, under the date of 2Sth Of
September, ls4s, in which, after ratifying certain
private agreements not known, it is declared, thut
nc cedes witht ut reserve, all the rights whc
granted him in the decree of The let March. 1912,
and others there cited for the construction of way
OF communication from one sea to the other through
the lsthmus Of rehuantcpec,' &c. This document
has been produced by the very representative Of
the house Of Manning. and by II it is also that
q year after the note Of the Mexican commission
Garay was still the proprietor Of the privilege
for opening the line. The government, therefore,
certain, is stated in the deed, that the private
agreement of said transfer entered into by both
parties the 10Th June 1857. it is clear that good
faith had been wanting towards government on
the 18th July, ls4s, still holding the privilege.
"These contradctonsof themselves are q sure cri.
terion to judge of the intrinsic value of such pri
va agreements, and to determine what opinions
should be formed of them."
The third argument ia made to consist in notice
having been given to the government of Garay
having reserved the right Of transit and it's being
afterwards informed by Mcssrs. Manning and
Mackintosh that the transfer had been consum-
mated.
Let Us begin by remarking that among the docu.
ments contained in the expedisnte, and from which
extracts are made in the report Of the Senate
that communication Is cited from
Messrs. Manning and Mackintosh- 18th June,
lS49is not to be found, (and we presume that there
may have been some mistake in the date;) it could
not be there because, from the 9Th March, lS49 the
government had refused to recognise them as the
transferses of the privilege ofthe way ofcommuni
cation, In consequences OF the letters which, on the
18th and 10th Of january, of the same year, the
said gentlemen addressed to it, in which they ap.
peared with this investiture.
] do not perceive how such an argument could
have been advanced because it operates contra pro-
ducenten. II Garay had reserved to himself the
right OF transit, 1t is clear that it had not been
ira nserred; if The transfer took place subsequently,
and was made known to the government, and the
COVER nment, in view of the notification passed the
said resolution refusing to recognise the transfer,
his act ia not an approval, but the most explicit
md conclusive rejection
hey presented with all clearness the under
standing yields, and the efforts to combat them
appear most ineficacous and feeble. This is OBJ
,ervabie in the article in question.
After having made use Of various means with
he intent, if not to destroy, at least to weaken
he reasons brought forward in support of the
conduct observed by the government of Mexico
n this business, the following observation is
If colonization having been solemnly recognised
IN the 9th OF August lS47, there also there is an
error in the date,1 the authority Of General Sa.
as can be denied, to grant the extension or con.
.mplify this view. and terminate the article with
another argument which may be also styled con.
"a producentem, and which I will hereafter ex-
anime, all that had before been said in regard to
hese points already discussed is reiterated, and
merit is again made Of the answer Of the Mexican
to Mr.. Trist; it again aiudes to the
irst transfer made by Garay to Manning and
Mackintosh the PROVISIONS in the decree Of March,
S42, quoting some of the articles thereof and finally
mentions the contract made between Garay and
he government in virtue Of its provisions, and
quotes uerbatm what Garay sets foi tn in his memo.
ial of the 9Th Of February, 1913, and the decree
ssued in respect to lands in the Isthmus by Gene.
al Bravo.
An axiom of law says, "distingue Temporal ct
jra.'' Let US make uac of this rule |
o explain what seems to be contradictory, and
What the author Of the article seems not to IN.
erstand. Those who have read any of the true
tatements made Of this business, will have oh.
erved that on the 9th Of July, ls47, the gov.
rnment OF Mexico approved the contract made
y Garay on the 7th Of January Of the same year,
With Messrs. Manning and Macintosh, limited, as
been stated before, to the transfer of lands and
Introduction Of settlers; in other words, to the
light Of coloni ration When this was done. as ap-
ears from the date Of the approval all the DEGREES
elative to the exclusive privilege granted to Ca
ny were stil awaiting the examination and re-
isa of Congress; nothing had been dcfinitively de-
ided in regard to il; the inherent condition
Which from ts origin was imbbed into this grant, |
nd affected all it's provisions, had begun to have
fleet, and it was necessary to await the result |
% long as the sole authority designated by the ma
ION to make such revision was engaged in 1t, and |
ntl 1t decided If they ought to DO approved or re.
scted, no alteration could be made. The same |
'as the case With the other acts Of the provi.
ional administration Of General Santa Anna. The |
overnment was therefore bound to conform to the |
ction Of that authority and hence it was that the
iinister of Foreign Affairs of that date approved
ne transfer that had been made Of the right Of
only.
The period finally arrived when the revision of
nese DEGREES pending in the Senate should be con-
!udcd; and then in virtue of supreme authority,
,disputable, in virtue of faculty expressly re.
srved by the nation to the Legislature cody, and
lilly admitted by the same party interested,
n His applications of Goth June, lS45, and 2Sth
october, 1886, h declared that the extension
ran'ed by General Salas and the declarations he
ad made we're not valid, since he had no authority
} do it in virtue of the powers with which he was
len invested.
These acts took place at different dates, and
hdcr distinct circumstances. When the transfer
the right Of colonization recognised, the
'vereign authority had not yet decided upon the