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

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! to have the country settled, and therefore !.
confirmed that assignment. IL Is an aDundan'
/ answer TO that further to say that Manning x
/ Macintosh 80 understood it; Garay 30 under
stood it: and everybody 80 understood it; be-
cause in September, lS4S Garay executed an
/ other conveyance TO them, by which he gave
them. in addition to the right of colonization,
/ the right of making this way across the 18TH
mus of Tehuantepec. The committee go on 'o
give their second reason:
"In IS47 whilst the treaty of peace was under ne
COLLATION. Mr. Trist the Commissioner on the part OF
the United States by instruction from his GoVern'
ment proposed "A large money consideration TO Mex
leo for a right of way across the lshmus oil Iehuah
tepec and was answered that Mexico could MOI
treat on this subject because she had several years
before made A grant to one of her citizens who
had transferred his right, by authorization OF the
Mexican Government to English subjects, OF whose
rights Mexico could not dispose.
Whatever these negotiations may have
meant-whether they meant to have a little
diplomacy there-whether they meant to rep
resent the matter little stronger than 1t was
nothing is clearer than that they could not
have had in their heads or hearts the idea
that Garay had assigned to any English sub
iects the right of making this interoceanic com
muncatiop, because the contract under which
Manning & Macintosh claimed that right was
not executed until some eighteen months after
wards. That contract was executed In Sep
tember 1848 and these negotiations were 60
ing on in the early part of l847. 1t is, there
fore, perfectly plain that the negotiations could
not have referred to grant to make that way
across the Istbmns because it was not assigned
to Manning & Macintosh for more than q
year afterwards What then, did the Commits
soners mean They meant the right of col
onization, because that was the only contrac:
which had been made But the committee 20
on and give their third reason, to show that
Mexico acknowledged this grant, and that rea-
son is in these words:
After the assignment Of the grant to the present
American holders the Minister Of the United States
in Mexico instructed by his Government to ap-
prise that Of Mexico Of the desire of this company to
their work thorough survey the 18th
mus and the Minister was further instructed to make
overtures for treaty securing TO the enterprise tho
joint protection Of the two Governments. The Mex
lean Government as we learn from the correspond
once Of Mr.. Letehcr with the Mexican Minister OF
Foreign Relations, made not tho slightest opposl-
ton to forwarding passports and issued orders to the
departments of 0axaca and Vera Cruz, not only to
avoid nerposng any obstacles in their way, but, on
tho contrary to afford them aid and hospitality
As has been remarked, think by the Sena-
tor from New York, MIR. SEWARD, who adj
dressed the Senate upon this subject some days
ago, it is very curious fact that while there
are 50 many letters and so many short notes
given, which passed between Mr.. Letcher and
the Mexican Government upon this subject,
this very important letter, in which. he COM
muncates to them the fact, as would seem to
be supposed by the Committee on Foreign Re-
lations, that this company were desirous OF
sending on engineers to pursue the work, 10
not found in tho correspondence. There Is no
account of it. Mr.. Letcher made some sort of
q communication, soliciting for some engineers,
upon some terms the right to 90 over there
and make a survey. Did Mr. Letcher tell the
Mexican Government, when he made this ap-
plicati0n, that the engineers We're the servants
of this company, that the b . of the Garay
grant were about to commence operations,
and that he wished passports for them! You
cannot tell. So far as Mr.. Letcher's applica-
ton is concerned, there is a perfect vacuum.
We do not know what he said but | think the
Senate will be at no loss to gather what it was,
from the answer made by the Mexican Minis
ter, Mr. Lacunza to the Governor of Oaxaca,
because in that he recites the application to
him The letter of Mr. Lacunza is in these
words:
MEXICO, april 5, 1850.
Mosr EXCELLENT SIa Several American engi.
neers having been appointed for the purpose of ex-
aiming the possibility of opening a communication
between the two seas, by way of the lsthmus of Te-
huanepec, and DESTROYS as is his Excellency tho
President, during their travels in your State, that
they should meet with no embarrassments, but, on
the contrary be treated with all hospitality he has
been pleased TO direct that his wishes should be
communicated to you, as / now have tho honor to
do officially; repeating at the time, tho assn
RANGES of my esteem. God and Liberty
LAcUNzA
HIS EreeHeney tn. Governor Of State Of Oa1aea.
think the Senate will be at no loss to un-
derstand what sort of an application was
made to Mr.. Lacunza for these passports. 1t
was a representation that engineers had been
appointed by the American Government
What is the language Several American
engineers have been appointed" For what
purpose? For commencing work under the
Garay grant! No; nothing of that sort, but
" for the purpose of examining the possibility
of opening q communication between the two
seas by way of the Isthmus of Tehuantepec.
Such was the representation that was made to
Mr. Lacunza the Mexican Minister, upon
which the passports were granted. Mexico
was as DESTROYS of ascertaining the possibility
the United States and finding that this Gov
eminent had appointed its engineers to ascer.
/ tain the practicabity of this great work,
which was to do so much for Mexico, for the
United States, and for the world. they did
what was becoming the offices of friendly
Government. They issued q request to the
| Governor Of the State through which the en-
gneers were to pass that they might be hos
ntnhlv rppaiyad apA Tod ,ybH A.
ascertaining the practicability of this commu-
nication.
These are all the reasons assigned by the
Committee on Foreign Relations, to show that
Mexico has recognised this grant, except what
Is to be found in the treaty itself; that is the
treaty which was signed by the Mexican and
the American Ministers and transmitted to
this Government ratified by the American
Senate, and rejected by the Mexican Congress-
Now ! take it for granted that | need not
argue before this enlightened body that nothing
IN such treaty as that can by any possibility be
binding upon Mexico. Who ever heard that a
treaty reduced to writing, and signed and rati-
4 ned by ore Government imposed any obligations
! upon Government which rejected it 1t is a
new doctrine, and one which cannot be sustain.
ed. With all Difference to this honorable com.
mittee, think they must have been hard pushed
for reasons when they undertook to find, in
the fact that the Garay grant was acknowl
edged in treaty which Mexico rejected, evi
dence that Mexico had admitted the grant
But even that bare apology of reason doe
not exist, because there is nothing of that .or
in the treaty but there is simple provision
that the actual holder of the right be he whC
he may should be consulted
Thus | have disposed of the reasons VIII,
Mexico has acknowledged this right, SO far a
the Committee on Foreign Relations are con
cerned But Mr.. Webster in one Of his let
ters has more reasons than the committee, i
they are not better. In n letter to Mr.. De ID
Rosa, dated Washington, April 80, 1881, (aftel
Mr. De la Rosa had notified him. and after thi.
. Government had been notified times innumer
able that Mexico did not and would not rec