The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-22

same danger does no, eaist ia references 10 merely
king the road exists IA reference 10 The colonization
right And slr The gan, fon s ss nas s ,o.J h..
cause Mexico knew very we'll thai there was not indf
yidual capital enough her country 10 complete The u
dertaking Hence the assignment 70 loiekns's ~
CONTEMPLATED from the very fist by the terms OF lhe
grant According 10 the extract which have before me-
Don Jose Garay as well any private individual OF
company 10 whom he assigned IL, whethei natives VI
foreigners. could make the road. ats7 .ls.' d
Mr. BELL Will the senator allow me TO Interrupt
him one moment think | understood the senator
from New Hampshire Mr. HALEl TO take inc very u's
uncon which the senator now takes but he commended
that Garay had never transferred TO Manning MACK
ntosh any other privilege than that OF iha
he had not transferred TO Manning Mackmtosh' aa'
therefore that Hargous and the other American cru
zens had title whatever by assignment 10 make 'he
work
of the right OF way, and the right oil cooni.
Mr. BELL To Manning & Macintosh
Mr. BROOKE. Yes, sir there Is no douot hpou'
that The assignment, of the right OF way was subse-
quent 10 the date OF the o. the rgnt OF colon
izaion as will show presently. When Salas granted
the extension. he wished to guard niue more s.fenu
ously the colonization privilege, and accordingly Tue o
article OF his decree is in the following words
.sAar IL II shall be an express condition in all
tn coonists they shall renounce the privileges OF hef
original domic 80 long they reside in the country, SUB
which not in conflict with the present law
This approving decree or Endorsement, as l have
called IT, refers to this 18th article and has reference
whatever to the transfer of the right OF way the right
to make the road; none whatever because uses lhe
terms according 10 the spirit OF the aforesaid law
'' This remuneration" What renuhcaiion' Why, sir,
the remuneration contemplated IN the 18th article II re-
iers entirely to the colonization right.
Bat, to satisfy the honorable senator from Tennessee
I will read short extract from The assignment OF the
colonization right by Garay TO Manning Macintosh,
notice q which wa. given 70 the Mexican government
Mr. BROOKE Yes, sir. Then will show the right
OF way The extracts =: s
"ARr g. As he time shall arrive for treating of
tho way Of communication between the two seas, Don
lose Gaay and Messrs Manning " Mackinlosh and John
Schneider, will enter into stpulaons for the formation Of
company for the execution Of said work OF transit The
isthmus," :..
An assignment OF the right of way not gwen
them, but il was in contempt aon and the Mexican gov
eminent had notice of il. That in 1917. On the
2slh of September, 1s4s Garay transferred TO Manning
Macintosh the whole rgh,-the right OF way and all;
and in October, IS4S, Manning & Macintosh made
transfer to Hargous The senator from Tennessee find
all the letters in the papers accompanying the message OF
the Presden, Of the United States on the subject.
Again, sir: The senator from New York, well as
the senator from New Hampshire, after admitting that
there two distinct rights, Tor colonization, and
another for right Of way, have just shown,
POUNDS them together again when they speak OF the APP
proving decree OF Salas. In other words hey admit
distinction tor certain purpose, and deny for others
But that decree that endorsement is very plain when
keep up the distinction throughout Ii cannot be mis-
understood The senator from New York contends that
this route is not assignahe at all and he compares IT TO
contract made by the President OF the United States
with architect, and says that architect cannot
sign his work his contract This untrue unless there
something the law that authorized the appointments
allowing il to be done And that happens TO be exactly
the case in regard to this question In the original grant
from Santa Anna TO Garay the assgnablty OF the grant
is expressly recognised and as before remarked, the
would have been useless without III because
Mexico knew. as have before stated, that no Individual
or company that country would ever execute the works
company could be found there with capital SUI
hcen to carry on 80 gigantic an enterprise She expect
ed thato,her capitalists would embark in the undera-
king; and accordingly the grant was so drafted as TO
provide for an assignment in the clearest manner.
have thus hurriedly and IN somewhat OF confused
manner gone over the facts in this case For myself
will say that have no doubt whatever of our right
not only pass the resolution which has been introduced
by the Committee Foreign Relations butif were al
lowed TO follow my own judgment, would 20 further
would take possession OF the thing in dispute,
may under the law OF Nations with justice and without
cause of war. But yielding TO suggestions OF Others,
have withdraw proposition which had the honor to
otter at the last session. authorizing the President to put
these in the possession oil Their nights trusting that
returning sense OF JUSTICE together with the persuasive
effect OF the action OF that body, may yet induce that
unhappy country 10 pursue course that will rebound
10 her own interests and honor well as to the benefit
" Mr. GWiN. In order to have test vote upon these
resolutions, that may whether the Senate is will
ling to consume any OF It's time in this discussion,
move TO lay them upon the table, and upon that motion
sai iSr , ,ss yeas and nays ,s y,h, , r.,
iornia Mr.. GwIsl withdraw that motion for mo-
menti
Mr.. GWIN, Will you renew it
Mr.. MASON. ] will do so il the honorable senator
shall insist upon il.
Mr. GWlN accordingly Withdrew the motion to lay
upon the table.
Mr. MASON. | have objection TO having test
question upon the motion lay these resolutions upon
the table, ii it is the pleasure OF the Senate But before
that vote is taken, would ask to be heard Tor very
short tme-not more than half hour-in reply par
honorable
tor from New York mr.. SEwARDl the other day.
Mr.. DAWSON. / hope we will adjourn II is too
late now 10 speak for half hour upon this subject
Mr.. GWIN. The honorable senator from Virginia
(Mr MAsos] can have opportunity to be heard, and
rnent to some OF the general appropriation bills do
not want these subjects TO interfere longer with the bus
ness OF this session practical in its character.
therefore ask that test question be made upon the vote
10 lay those resolutions upon the table
Mr.. MASON. ! take Il for granted that the debate
upon these resolutions is closed. ! only desire half an
hour TO offer few brief remarks.
Mr.. GWpN. The debate will be continued. move
to lay these resolutions upon the table.
Mr. NORRIS. hope the honorable senator from
California will not persist in that motion
Mr.. MASON. | beg pardon | had forgotten. when
stated TO the honorable from California that the
debate probably closed that the honorable senator
from New Hampshire MIR NoRRIsl had expressed a
desire TO be heard upon this subject
MI NORRIS. ! move that the Senate do now ad-
iourn
Mr.. GWIN. | would ask OF the Chair if we adjourn
now, will the question pending. when this subject is
again taken up be my motion to lay upon the table
The PRESIDENT. Certainly; that will be the first
question to be decided when the consideration OF this
matter Isressmed as.s
The question being taken upon the motion to adjourn,
And the Senate accordingly adjourned