The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-29

PIE, untll long aiter nad been aVoWeuly uniSaeo"
The American parties who purchased that grant
did SO in good faith They examined documents
and ttles-they looked at the long series OF years
during which this grant had been tply , acknoW
the solemn declarations made by Mexican plenpo-
tentares to Mr. Trst that the government OF Mexico
had Invested itself of its supreme rights IN TINS mat
ter and that they now were in the hands OF Others
Z" OF whose rights Mexico could not dispose they
saw that not only was the original grant but its
different extensions thus soemnly acknowledged,
and they beheld themselves at last in possession OF
the very same solemnly acknowledged rights.
But they were not content with even this-they
would take no important step until they had OBJ
tanned q solemn reaffrmation, on the part of
Mexico of these newly acquired rights. They
quired treaty between their own and the Mexican
governments, by which the grant which they held
should be acknowledged, and by which they should
be assured OF being protected in its maintenance.
The Mexican government were informed by our
minister that the American holders Of the Garay
grant desired to resurvey the isthmus and were in
vited to negotiate treaty acknowledging and pro-
tecting this grant.
Now, it seems, would have been the time for the
Mexican government to say, 1--WE know no sach
grant It once existed but it has expired by its own
limitations So far from saying this, the Mexican
government Immediately forwarded passports for
American engineers to enter the lsthmus, and re-
guested the governors OF Oajaca and Vera Cruz to
afford them laid and hospitality" The proposition
to negotiate was favorably received treaty actually
made, sent to the United States returned for mod-
cation, and modified, and finally approved by the
executive and Senate of the United States. No men,
Der of the government Of Mexico-no member Of its
Congress-no public jOurnal-raiseda voice to doubt
the validity of the Garay grant and the events here
alluded to occupied more than years time. 1t is
shufliing to aege that Mexico was not aware during
all this period that it was the Garay grant and that
alone, whchva in question 1t was as notorious as
the daylight, even though the name OF Garay may
not once occur in the papers and passports which
have heen laid before the Senate.
Things had reached the state already described be-
fore the American holders willing to incur the
risk and expense of commencing operations
The Mexican government had shown the most IA
vorabe disposition, and had actually negotiated one
treaty. Our own government had entered heartily
into the measure, and the holders, anxious to open
the route to the immense California travel believed
themselves secure in embarkng on their great enter
prise without waiting for the final ratification OF the
treaty.
With the consent and cooperation of the Mexican
government they sent their surveying parties to the
isthmus.
The object Of these parties was notorious. Still
they were furnished with passports-renewed both
at Vera Cruz and on the Isthmus-with the utmost
cordially. Col Robes, who at that time had been
notified OF his selection as Secretary of War under
Arsta received the members of the survey with cor
dality-furnished them with all the advice and
assistance in his power or he himself had assisted
in the former Garay survey0 and visited them on
their vessel.
Such was the state Of things at the commencement
Of the survey, in December, 1850.
Some six months after, communication was re-
ceived by the engineer OF the survey, informing him
that the Mexican Congress had annuled the Garay
grant, and directing him to suspend the survey and
TO cause his parties to leave the country.
Thus, after Mexico had had ample time to make
her protest-if she had protest to make-after, Gin
stead of doing SOY inviting the American parties to
commence their work, and inducing them to incur an
enormous expense, she unceremoniously abrogated
the grant, and expelled the employees Of the Ameri
can holders from the iSthmus.
In other contracts, as well as the marriage con-
tract, there is time when those interested should
speak, "or ever after hold their peace"
/ think that time had passed with Mexico, even
had she found valid for dsowning the rights Of
the American holders; but she has, yet, presented
no such case.
So much for the validity Of the Garay contract.
Mexico has uncerem0niousy set it aside. 1t is
next in order to inquire whether the contract she has
substituted, known as the SloO contract, or Slo0
grant, and which our government is asked to sane
ton and approve, furnishes any Observation-Disclosures
it can afford any such right Of way across the 18TH
mus as the United States aud European nations
demand
Let US see who are the owners Of the "sloo con-
tract'':-
william D. Leo attorney for A. G. sloo and his asso-
sates and Msssrs. Ramon Olarts Manuel Payne and j.
j. Psado. for the Mexican associates and contractors
concerned in the enterprise Of the Tshuslrepes inter
psny which, under the name Of the Mixed COMPANY,
Is charged with the said opening and communication in
concert With the company named 0sjaca, and Felipe
Of Chiapas, Tobacco and Oajaca.
The American character OF this contract will be
appreciated by aid of the foregoing enumeration of
holders and still more when it is added that the
Mexican government shall be considered stock
holder to the amount Of Onethird the entire stock
and that Mexican citizens have the refusal Of another
full thirdthus making the control of the affair alb
companies manage such matters will be able to esti
mate how such an ola podrida as this will get along.
The Garay grant Is one, and the holders are one
company, and exclusively American
But let as look little further into the conditions
Of the two grants and we meet with a stumbling
block at the very outset in the Sloo contract =
Art !. The way Of communication shall be by water,
far ~ river Coatxacoases navgasle and where
the navigation Terminates the road, mentioned in the
second artiee,) Ihall commence.
I'd. The contractors bind themselves to commence
plank road at the point at which the river Csazaceacos
to b navgabs leading to the Pacific in the year
that this contract has been made, and to nnsh 1t in
construction Of q railroad in year. counted from
this last dse and to finish said railroad with all the
necessary cars and engines within the four wing
years notifying the supreme government In both
Of having commenced the works. and Of their being fin
ishsd.
3d. The direction OF the road shall be that which may
be designated by competent engineers being the most
from the shorness Of the distance and from
the facility Of construction the starting point being
Coatgcoalcos II no further pavigable
Thus it will be seen that the contract binds the
route to the river Coatzacoacos as far navgable;
that the railroad must start at that point at which
the surveys have shown that the river is mo further
navigable"
When we speak in this general way Of rivers being
navigable not navigabe, we refer to the ordinary
means Of river navigation BY the contract then the
railroad must start from the head Of river navigation
not from the point to which sea-going vessels can
ascend-at least this is the obvious construction
of the phraseology-making an additional breakage
OF bulk necessary in the transit and prolonging the
time for passengers by twelve hours at least.
But il it is contended that the road may extend
down to point to which sea-going vessels can
ascend there is still an important restriction here to
which the Garay contract ia not liable.
Article three Of the Garay contract SAYS
This Zine OF communicated shall be by water except
where 1t Is mprac cabe, when railroads and steam
ragss shall be used
The expression, '"by water" no doubt had refer
ence to the Coatzscoalcos side and the lakes
on the other But 1t was not known how far either
were practicable" and the Coatzacoalcos may be
thrown out OF the line by the Garay Company If
they find better route, as the lakes have already
been. And this discarding OF the Coatzacoalcos for
another and better line is by no means an i'm.