The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-19

government, when he made this application that The en-
gneefs were The servants Of this company, that the
holders OF the Garay grant were about TO oper
aons, and that he wished passports ior heml You can
not tell 80 lar as Mr. Leicheps application concerned
there isa perfect vacuum We do not know what he
said, but hlnk the Senate will be no loss TO gather
what u was IRON The answer made by The Mexcaa min
lister, Mr. Laeunxa TO the governor OF Oaxaca, because
in that he rectes the application to him The letter OF
Mr.. Lacanza is IN these words
MEXICO April 0, 1850
Mosr ExoELLENr Several American engineers hav-
ing been appointed for the purpose ofexamning The posi-
bty OF opening communication between the seas
by way o. the shmus OF Tehuantepec, and deous as Is
his exceency the President during their travels in your
State than they should meet with embanassmen but
the contrary be treated with all hospitality, he has been
pleased TO direct that his wishes should be communicated
to you, now have the honor do, officially repeating
az The same time the assurance OF my esteem God and
His excellency the GovERNoR or STATE OF OAxAoA
| ! think the Senate will be at no loss 10 understand
what son of an application was made 10 Mr.. Lacunza
Tor these passports. 1t representation that
gneers had been appointed by the American government
What IL the language! - Several American engineers
have been appointed" For what purpose For COM
mencing work under the Garay grant No, nothing Of
that Sort but 'for The purpose OF examining the possi-
billy oi opening communication between the TWO seas
by way OF the sthmus of Tehuanlepec" Such was the
representation that made TO Mr.. Lacunza the Mex
ican minister upon which the passports were granted
Mexico was desTous OF ascealnng the feasibility OF
1 opening that communication as the government OF the
United Siaes and finding that this government had ap
pointed It's eng ascertain the praciicaby OF this
great work, which was TO do SO much for Mexico ior
the United States and for the world, they did what was
becoming the offices OF friendly government, They Is
sued request 10 the governor OF the State through which
the engineers were to that they might be Hospitality
received aud treated while they were ascerialnng the
| pIaclicabily of this communication.
These are all the reasons assigned by the Committee
Foreign Relations to show that Mexico has recognised
this grant, except what to be found in the treaty itself
that is, the treaty which signed by the Mexican and
the American minister's and Transmitted TO this govern
ment, ratified by the American Senate, and rejected by
the Mexican Congress Now, take it for granted tha,
need not argue before this enlightened body that moth
ing in such treaty that can by any possibility be bind
ing upon Mexico. Who ever heard that treaty reduced
to writing, and signed and ratified by government i'm
posed any obligations upon which rejected
1t is doctrine and which cannot be sustained.
With all difference TO this honorable committee, l think
they have been hard pushed for when they
undertook find, in the fact that the Gaay grant was
| acknowledged in treaty which Mexico rejected, ev
dence that Mexico had admitted the grant But even that
bare apology OF reason does not exist because There rs
nothing OF that sort in the treaty but there is simple
that the actual holder OF the right, be be who
he may, should be consulted.
| Thus have disposed OF the reasons why Mexico has
acknowledged this right so far the Committee on For
egn Relations concerned. But Mr. Webster, in one
of hls letters, has more reasons than the committee, If
they not better In letter to Mr De la Rosa, dated
ashingon, April 80, 1851, (aer Mr. DE la Rosa had
notified him, and alter this government had been nothed
times innumerabe that Mexico, did not and would not
recognise tins gran) Mr. Webster wrote back, evidently
with good deal OF temper, and told them that Mexico
did recognise it, Mr. De la Rosa wrote an earnest and
respectful letter Mr. Webster, telling him that his gov
ernment never could recognise the
Webster wrote back telling him that Mexico did recog
Mise it. Mr. Webster went and gave eleven reasons
to show that Mexico acknowledged the grant.
His first reason is the decree OF the Mexican govern
meGi of the LIST OF March, Is42 Well, sir, that ex-
pred in ls44, IL TO me that the first reason OF the
eleven must fail to the ground The second is the con.
made between the Mexican Minister OF Foreign Re
laons and Don Jose de Gaay. Under that decree the
contract limited 10 The time specified in the decree,
and died with -hat is TO say, IN July, ls44. but was
subse quently extended to ls45 The third given
by M Webster is the Mexican decree Of the 9th OF Feb
| ruary, ls43 That decree giving the lands that
conveyed by the contract OF the 7th OF January
lS47, into the possession oil Garay and how the saga
cous mind OF MIR Webster could have gathered from
the fact that Mexico consented that the lands which were
afterwards assigned TO Manning Macintosh Tor col
OnZauon should be given up 10 Garay was proof that
they had recognised The existence OF this grant, which
expired in is45 and afterwards IN lS4s, passes my CON-
prebenson.
The next reason given by Mr. Webseri the decree Of
the government, OF the 4th OF October, Is43 that
~ the decree permitting engineers 10 60 on and make
survey The fifth is the decree OF the gov
ernmenl, OF the 2sth OF December lst3 that is the one
which extended the grant TO ls45. The sixth reason is
the Mexican decree Of November s. 1916 that is the de-
OF Saas, which expired in S4s and how hr Web
could find evidence in the tact that decree which
expired in s4s acknowledged the existence OF the grant
after lSis. is also matter that cannot comprehend
The seventh is the note OF the Mexican commits
sioners to Mr. Trs,, OF September o, ls47. have al
ready commented upon that, and have shown tina, that
had nothing do with the Garay grant properly
called but related to colonization. Mr. Webslers eighth
reason certainly curious one and is the note Of
Mr. Clifford TO Mr.. Lacunza OF the goth OF June, ls49
/ Mr. Clifford wrote TO Mr. Lacusza, iDqurng OF him II
the grant had been annulled. Mr.. Lacunza answered
that had been annuled, but that Il was liable TO be
annulled for the that lis conditions had not been
/ complied with How Mr. Webster could find in that in
| qury Of Mir Clifford any evidence that the Mexican
government acknowledged the existence OF the grant sub
sequent TO ls4s confess cannot conceive.
The ninth OF Mr. Webster is the letter OF Messs
Manning & Macintosh 10 Mr.. Lacunza OF the 25th Of
/ July, 1919. That the letter in which Manning
Macintosh inform the government OF Mexico that they
had become the assgnees OF the Garay grant, and that
government refused 10 recognise them as such, and IN
that fact Mr. Webster finds evidence that Mexico had
assenied to it, Manning s. Macintosh told the govern
ment OF Mexico that they were the assgnees OF Garay
Mexico said cannot recognise you as such yet that
is cited TO prove that Mexico did recognise
them.
The tenth reason is the letter OF MIR Lacunza TO Mr.
Letcher OF the 5th OF April 1850, communicating copy
Of order OF the date issued By the Mexican gov
eminent to the governor OF the State OF Oaxaca, d-
rectng him to with hospitality the American
who had been appointed survey the Tehuaniepec
route MIR. Webster here evidently treats II as VI Amer
lean engineers had been appointed by the government
and in the fac, that they Hospitality received by
Mexico he finds evidence that Mexico acknowledged the
grant
The eleventh and last reason OF Mr. Webster is the
that suggested by the Committee Foreign Re-
.ihe articles OF the treaty which had not been ae
oeped, but which, the other hand, bad been rejected
| by Mexico
In these eleven reasons and in the three or four as
signed by the Committee Foreign Relations, are TO be
found the reasons which render incompatible with The
dignity of this government any longer 10 negouae WIN
Msyco on this subject Now, what has been The course
of Mercol What has she done Has Mexico re-
fused TO treat with the government OF the United
| c,.,asp Ia. Merco like China phut herself within