The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-03-03

their nationality, and submit themselves entire
ly to such justice as Mexico would give them
to be fully and explicitly understood, was in
serted in the contract itself and signed by
Manning & Macintosh. They took the "a
Segment of that part of the Garay grant with
the full knowledge that they Invested them
selves Of all protection that the Government
would be bound to extend to them under Other
circumstances, if they had not thus divesteC
themselves.
Thus the matter remained until September
lS48. Ii is said that then-and the deed ap
pears TO be so-in September, lS48, there wa
"a transfer made to Manning & Macintosh O
the remaining part of the contract, and tina
was the part which related to making an inter
oceanic communication between the two seas
Early in January, 18i9, Manning & Mackn
tosh notified the Mexican Government that Thu
contract had been assigned to them in Septem
Der, l848. What did that Government do
The very first moment that the Mexican Gov
eminent had any notice that anybody else ex
cept Mexican citizen was coming in to TAKE
this contract they notified Manning & Mack
intosh that they would not consent to the
transfer and they further notified them tha
the Government resumed to themselves all the
concessions which had been made in the Garay
grant for the reason that the time limited il
the grant for the performance of the work haC
expired. They not only did that but they in
structed the Minister of Mexico resident in th'
United States to serve upon Garay who wa
then residing in New York, a like notice. which
ask the Secretary to do me the favor to read
The Secretary accordingly read it, as follows
MEXICAN LEGATION TO THE
UNITED STATES OF AMERICA.
To Senior Don Jos. Goyay. New York
His EIcelloncy the Minister of Foreign Affairs o
tho Mexican Republic in bis note of the 9Th of tn,
last March, commands me, by order OF his EIcellency
the President to notify you that the time Of tho
tension OF the privilege for opening way Of inter
course, Of interoceanic communication through tn,
Isthmus Of Tehuantepcc having expired, all the con
SESSIONS made to you by the decree Of March, 1912
have ceased, and the Republic has resumed all hcl
rights upon this matter. God and liberty
LUIS DIX LA Rosa
BALTIMORE, April 8, l849.
That Garay received that notice in season il
substantiated by the fact that on the 18th OF
April he answered it, Now, it must be re.
membered that up to this time there had not
been the least intimation to Mexico that any
body except Garay had any interest in the con-
tract for making the interOceanc cOmmunica-
ton. They had been notified of the transfer OF
the colonization grant and probably good rea-
sons were suggested why they should favor that
assignment, because they wanted foreigners to
come in and settle. But up to this moment
they had never received any intimation that
anybody but Garay was interested in the other
grant; and when they did hear it. they noti-
fed Manning & Macintosh that they did not
recognise them as transferees of Garay; and
inasmuch as the two years granted by the de-
cree of 1916 had expired, the privilege had be-
come extinct.
In view of all these facts wish the Senate
to look at the position Of the President of the
United States Of the late Secretary of State,
and of our Minister TO Mexico. The complaint
has gone out to the world, that, induced by the
tempting offers of Mexico, American citizens
have gone on and invested their money, their
means, in this grant, relying upon the good
faith Of Mexico; and that Mexico having re.
fused to keep her faith, this Government is
called npon to 90 even to the extreme resort of
war, to vindicate the outraged rights of those
upon by Mexico Why sir, this was Mexi-
IAN grant to a Mexican citizen to be perform
ID on Mexican soil, and the time and the time
again for which the extension had been sought
md granted had expired and nothing had been
lone. Then it was sold to Manning & Mack
ntosh, to induce the English Government to
'ome in and see if they could not enforce it. 1t
vas transferred to English subjects, in order to
ny to get England to bully Mexico into what
Ter sense of justice would not dictate to her |
10 not know, and have not the facts that
san state to the Senate sufficient to warrant
ne in saying, that an application was made to
the British authorities to induce them take up
this claim of Manning g. Macintosh. have
not such evidence as will authorize me to lay
it before the Senate, but have as much Us
satisfies my own mind that their interpostion
was asked, and that the British officials refused
to touch it with their fingers.
What then! Six months after this-six
months after the contract had expired, and had
been annulled, we find what! After the
Government of Mexico had notified Garay, had
notified Manning & Macintosh, and every
body, that the grant had expired by its own
limitation, and by neglect to comply with its
after an attempt had been made to
enlist the powerful support Of the British Gov
in behalf of the claim assigned to
Manning & Macintosh, British subjects, and
it stood in their hands, Macintosh sending
day after day, notes to the Mexican Govern
ment, and his own Government not appear
ing to back him up-what then do we find !
Why, on the 18th of July, lSi9, six months
after this, MIR. Macintosh informed the Gov
ernment of Mexico that he was going to in
form his partners, residing out of the Republic,
of what had taken place in regard to his enter
prise, the headquarters of which, by common
consent of all parties interested, had been dein-
itively established in the United States the
company being represented by Senior Don Pc
iro Amadeo Hargous, who for the future would
deal with the Government of the Republic,
since he, Macintosh, had ceased to represent
the interests of said company. That is the
first time, the 18th Of July, is49, that Mr.. Har.
gous's name appears in this matter. The gran,
had before that time expired by its own linn
itation in lS4S 1t had been annulled by the
Mexican Congress, and resumed by the Mex
can Government Macintosh, the English
ass gnee, had been notified of this; Garay had
been notified OF it; the thing was as dead a.
death could make it. Then, in order to revive
it. if possible, it was assigned to citizens of the
United States, and the Government of the Uni
ted States was called upon to 60 in and vind
cate the rights of its citizens, who had been in
duccd, upon the tempting offers of Mexico, t.
invest their capital in the enterprise.
What were those Offers Why, sir, tn,
Mexican Government said to every citizen o
the United States Before you can be inter
ested in this contract, or before you can 60 on
to this line rs settler, you must renounce YOU
nationality-you must give up the idea of up
pealing to your own Govcrnment-you mus
come here upon Mexican soil, and take a Mex
lean contract, and bs content with Mexican
laws, and such a judgment and adjudication o.
your rights as Mexican tribunals can give you }
These were the tempting offers that were hello
out That was the plighted faith of Mexico
upon which the citizens of the United States
went there, and invested their means in thi
contract.
Now, know very well that there is an at
tempt made by the Committee on Foreign Rea
tons and by the Secretary of State-to show that
notwithstanding the grant had expired by its
own limitation; notwithstanding the objection,