Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-02-12

nenly due because these heavy oss were sustained in
enterprise Of great value to the country to which our
people had been invited by the desloiing power and to
which the Government had lent sanction ia the free
use of the treaty making power.
In the report Of the committee to which have alluded
the ground upon which the law Of the Mexican Congress
was passed, repeating substantially and in effect this
grant Garay, is fully set forth. appears from the
recital contained in the report that when the grant was
made, in 1872 certain time given to the grantee in
which to commence the work. Befo the time expired
further decree issued by the Mexican Government
extending the time. In 1916, when Gan Salas came into
power President with supreme power as Santa Anna
and Bravo had been before him. theltime had elapsed
! within which the work was to be commenced Surveys
had been made but the work had not actually commenced
and the grant might have been considered forfeited by
course of judicial proceeding; but th forfeiture was
cured Gen. Salas in November, 1886. issued decree
giving further time for two years to the holders of the
grant to commence this work. and by That decree
grated upon the grant additional sipulaions and add
tional provisions, thus constituting consideration or
equivalent for the extension granted Tie decree is set
out at large the volume to which haW referred and
can be seen by any Senator.
The time for the commencement of the work thus
tended in November, 1885, expired in Notember 1S48,
before which the work actually commenced nd
mitted oil hands, and thus the grant waasaved The
single ground assumed by Mexico for thus appealing the
decree of President Saas is that he had nosuhory to
make it.
This is simple and very narrow issue; aad the first
should note is that if this so, the Judiciary
was the proper tribunal to determine the question.
able considerations and beyond the reach Il egsa
ton. The sanction Of contract so made is the honor
and faith of the nation that is party to it, and both of
these I y 2 n Remit e . a hsr
courts. Violence, the law of the tyrant was more
speedy and certain resort.
As to the authority Of Saas, it is enough to say that
he was for the time the sole depository Of power and
that power supreme. His title was President DtM
i supreme pocer. In his will concentrated the will Of
the nation the Government de ac ard he was SO re-
IN INV he
ment changed.
This was not the only decree in the nature of general
law which emanaed from this "supreme power whilst
President Saas held it.
4. Looking through the history of the times find the
following, amongst others:
l. decree organizing the bureau of general archives
4 q decree relative to the liberty of the press
i g. A decree relative to colonization.
i A A decree relative to literary property.
i s. decree authorizing popular meetings.
i g. decree concerning naturalization
All these DEGREES and with them that concerning the
Caray grant, were communicated the Congress- which
Saas convoked by his ministers laws enacted by the
provisional government
They were received and submitted to sucl Nopro-
test against them usurpatons was made, not word
from the press questioning their validity or the
power that enacted them On the contrary the very Con-
gress that subsequently repealed this decree Saas
the ground that he had not authority 10 make H. annued
of the State Of Sonora because it violated Saass de-
cree relative to colonization. 1t would seen that his
power undoubed for every purpose save to extend
this grant This needs further comment
have caused to be prepared paper INTENDED to show,
and believe it does correctly show, the difference both
in time and distance in passing from different points of
the North American continent to the Pacific by these
spectiye ways. The distance from New York to San
Francisco Chagres is six thousand six Kindred and
fifty miles, and the distance between the points by
the Isthmus Of Tehuanepec is four thousand hun
dred and seventy mes-making difference in the dis
lance Of one thousand six hundred and eighty miles Be-
tween New Orleans and San Francisco by way of Pans~
ma the distance is FIVE thousand six hundred and
ty-ve miles; from New Orleans San Francisco by the
sthmus of Tehuantepec the distance il three thousand
hundred and forty miles-making difference of
thousand nine hundred and thirty-fve miles Now
to time, am informed that the average time now
cupied in passing from New York to San Francisco by
the Chagres route is about twenty EIGHT days and the
quickest time that has been made is twenty -four days
1t is estimated, computing in the ratio, that the
average time from New York San Francisco via Te
probably fifteen days. From New Orleans to San Fran
CISCO by the way Tehuantepcc is estimated the time
will be fourteen days. and the possible time twelve days
get these statements from gentlemen interested in this
work. and who to have derived them from correct
sources.
Mr.. President have said that the Government Of the
United States hasen interest in this right of way
Tehuantepec which it behooyes to RETAIN and in
sst upon through the agency of the Garay grant, in
the hands of its citizens 1t is duty which the Co.
both itself and to the citizens of the
country This right of way is within the limits of Mex-
CO, and not without evidence that IL the Govern
of Mexico be permitted to repudatc the grant
shall have transit across Iehuantcpec hdf
century. The Garay grant very liberal one. 1t
conceded to the grantee ten leagues mles
of the unoccupicd lands each side Of the line of
munication. 1t authorized colonization, and gave the
colonists almost all the privileges Mexican citizens 1t
very liberal in reference to the tax that TO be
exacted the transit and McKee, than all, pre-
Guided herself from imposing any taxes aay political
charges on the work for period Of fifty years The
grant, therefore is most important one, and allow
it to DO repudated and annued il requires prophet
to forete that Mexico viii either concede other, it
will be done in such form render it valueess
. highway to the world
How does the matter stand! The Mexican law to
which have referred disarming the decree Of Salas
was passed in May, 1851, nearly two years ago. The
Mexican papers inform that that Government has, from
time to time issued proposals to construct this way by
new company, or in other form. Two years have
the world Of having the continent at that
point the whole question stands just where it stood
then. We are informed that in all the propositions
which have since emanated from the Mexican Govern
ment, in their proposals inviting companies to
struct this work, they have imposed limitations and
restrictions which must discourage all from attempt
ing il, which would have the effect if complied
with leaving that work exclusively in the charge Of the
Mexican Government The propositions are Of this char
acer The contractors required in the first place to
acknowledge the unqualified sovereignty Of Mexico
the transit and her right to impose any political charges
whatever upon persons property passing overt They
required to acknowledge right in the
Government Of Mexico the corporate charges They
required to agree place their mail under
the national flag Of Mexico, and all their vessels
be subject to tonnage and literage duties They
qured to agree to transport troops munitions of
across the sthmus except with the express permits