Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-02-19


of anew and gigantic advancement in the career
Of national aggrlndizement He suggested to him that
the great project with which the world had been engaged
for threscenturies of opening nteroceanc
municatoH the continent, yet to be underta
KEN and declaring that the mind bewldered with the
difficulty of embracing in comprehensive view the
tonshing consequences that must follow great
achievement he concluded that great revolution would
take place in the commercial and in the POLITICAL af
fairs of all nations when ii should be effected and that
the epoch which should it effected would be
morabe than that of the discovery of the continent and
the of him under whose auspices it should be con-
summated would be at least glorious that of Co
lumhus And then Don Jose Garay proposed of course
that he should be authorized to undertake this grand
work The execution of the work committed by San
ia Anna to his favore with concessions of land and
privileges by contract made under the decree Of the
date which have mentioned 1t is claimed by the Com
mtee Foreign Relations that that contract after hav
ing passed through the hands Of intermediate British
sgnees has to be vested in the hands of Anne
rcan citizens and that it is still in force while the Mexi
Government refuses to allow it to be executed by
them The assgnees have appealed to this Government
to put forth its to enforce upon the Mexican Gov
eminent the duty Of carrying it into effect The commit
tee in this view of the case have submitted the resou-
tons which have been read
My first remark upon these resolutions is that the re-
sponsbiity Of adopting them is very great They
somewhat vague in their language But nasmuch as
they that there shall be an end to pacific ne
gotiatons, except upon condition sch it is expect
ed Mexico will assent to- review Of existing relations in
the event of her expected refusal and finally that such
measures shall be adopted the dignity Of the country
and the interests OF citizens shall require they look
towards although they do not distinctly point at
OF hostility, Of reprisal of war. 1t seems
me that the Senate is not in proper condition to
that responsibility One third Of this body will 60
out in less than thirty days from this time and their
places will be filed by those who not here
solution adopted when the Senate is changing may
vey advice which will not remain the opinion of the Sen
ate through the next Congress Again the President of
the United States is coordinate power with the Senate
He has he
bty divided with us; and not now in condition
to have the benefit Of his advice and to give the
try the benefit of his share Of the responsibility which
to be assumed for the present President will go out in
less than thirty days. and within that time will
come in, whose opinions are quite unknown.
II would be dscorteous to the incoming Chief Magis-
trate under such circumstances to conclude ourselves by
an action like this This dscourtesy by itself would be
matter of small moment butin all national transactions
dscourtesy between coordinate branches of the Govern
ment is liable to result in permanent differences of opn
ion controversies and by such controversies in this
should embarrass the incoming Administration
quite apparent that the probability of adopting any
right and effective measure would be diminished by dis
agreement between the President and the Senate These
objections would seem to to be conclusive Tor the post
ponemen of these questions unless those who press their
consideration now guaranty that the course which
they recommend will receive the appreciation Of the in
coming President. If they are able to give such
guarantee, and will produce the evidence of it. this OBJ
lection will be removed
But Mr. President if it be the pleasure of the Senate
to proceed in the consideration of these questions then
have to examine their merits briefly In the
first place. ask the Senate take notice that all these
resolutions assume-but admit not without fair show
of argument-frst that the American assgnees of Don
Jose Garay have complete perfect and absolute title to
the right open communication the Isthmus of
Tehuantepec; and secondly that Mexico unreasonaby
and unusty refuses to permit them to do according
the terms OF the grant which they exhibit
My first answer to these assumptions is, that the
tract under which this title is claimed and upon which 1t
is founded expired by its limitation eighteen months
after the grant made. The Senate will please take
notice that this grant made by Gen Santa Anna
made by Garay within eighteen months; and that the
work to be actually commenced within twentyeght
months which would expire the ls day of September
co. Il being admitted on ali hands that that limitation
was the condition of the grant The contract them is
void unless il has been shown by the Committee on For
egn Relations that it has been renewed or extend
ed The committee say it has been extended; and they
produce decree of Gen Santa Anna of the 28h Decem-
ber 1913, by which it extended to the LIST of July
1910 Well the extension is at end for that day also
has passed So the contract has then ceased unless il
has been still further extended The committee say that
it has been further extended by decree of Sala the
Provisional President Of Mexico dated 9th November,
1885, by which the time for commencing the work was
prolonged to the 9th November 184S within which time
the committee say the title vested in the American
sgnees, and the work actually commenced Now, 1t
will be in the first place, that the of
the work before the 9Th Of November l848 was inds-
pensabe to the continuance OF the contract the
assumption Of the committee The committee say that
the work begun within that time. have not been
able to find proof that begun in the papers which
have been sent to by the President Indeed think it
quite clear from all the papers submitted to u.s. that
the preliminary surveys which to be made within
period Of eighteen months from the date Of the grant
actually made; but, however this may be- on the
I'D Of May, 1851 three years after the decree Of
Saas proongng the contract the Constitutional Congress
of Mexico enacted decree in these words:
"The decree of November 1896 (he decree of extension
by Saas declared null and void because the powers with
which the Provisional Government Of that period invested
insufficient to authorize it. Accordingly the Govern
ment will that this declaration rendered In every re-
spec effective In regard TO the privilege granted Don jose
de Garay."
Here, then, is grant made the lst day of March,
1872 by the Provisional President of Mexico and here is
law Of the Congress Of Mexico passed on the 22d Of
May, 1881, sbrogatng the grant The grant then has
been abrogaed and is void unless the contrary can be
shown. The Committee Foreign Relations have un-
deaken to show the contrary and they took three posi-
tons First that the Congress Of Mexico had power
TO repeal the decree Of Saa Second that Sas the
Government de Of Mexico and that his acts such
bound that nation especially when interest had be-
come vested in foreigner The third is that Mexico
has since the decree Of Saas recognised the existence
and the validity of the grant, Notwithstanding the Con-
gressiona decree Of repeal shall briefly notice these
replies in their order The first position Of the commit
tee s, that the Congress Of Mexico had power to
peal the decree Of Sass BY the constitution Of Mexico
the Federal constitution OF 1924 IL in forco at the time
not only had Congress power to repeal the grant, but no
power but Congress had authority to make any such
grant refer the Senate to the fifth section Of the
stitution Of Mexico, which constitution is here:
Sec Art AZ Every resolution Of Congress shall have
the character OF a law or decree"
Art 40. The laws and DEGREES shall be for supporting
the national independence the union Of the States and
peace and order maintain the independence Of the States
70 secure an equal proporonmen in the Assessment OF axe