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

VAN ~ AAsA Inlu proposition
"That in the present posture of the question not com
pable with the dignity Of this Government prosecute the
subject further by negotiation II Mexico, therefore shall
onrr fartner negotiation shall be declined unless shall be
oherea oaSeu upon our own terms" 4s
Ihs Also Is corollary from the first proposition and
FALLS with IT, Moreover, If be consistent with the Dig
nifty and honor Of this nation TO abide by its treaties
treaties solemny and sacredly madethen il is consistent
with the duty Of the United States and il is their boun
den duty either 70 tender to Mexico, wait till Mex
leo shall tender to them, proposal submit this dis
pute 10 an arbitration consisting Of two persons Of
whom shall be named by each Power, to the arbitra
ton OF Foreign nation This dsposes Of the resolutions
of the committee
Mr. President am approaching the end Of this long
discussion and shall dismiss now Don Jose Garay his
grant ms assignment his assgnees and their grievances
come 70 second ground which has been assumed not
so much in the report in the speeches Of the honorable
Senators who support these resolutions viz That the
United states have public nterestsin opening the Te-
huantePec communication oceanic connection, which
renders the duty of the United States this occasion
to adopt the resolutions submitted us upon this sub
ect have to say in the first place. that any defect
IN the aray claim, in the assignments of it, cannot be
cured by the existence of concdent public interest
the OF the nation also this public interest which
thus brought before is not aided all by the Garay
claim Fit is the right Of the United States to compel
enco 70 enter into stipulation to open the way that
right is absolute and independent of the Garay grant,
whether that grant be valid otherwise. Upon what
ground is 1t that the Committee Foreign Relations
claim this right Hear the honorable chairman Of that
committee:
81 come now look at this question in another point of
yiew lay 1t down, without hesitancy and without fear
that we have right way Tehuantepec Accord
ing to public law this Government may demand Of Mexico
doya to the general compact Of nations What
right o. wayI Every familiar with that II per-
tains to individuals in life it pertains to nations under
stand that writer's upon public law derive from that print
tive state when the entire earth to- all and
passage it free to all according to their varied
cessties such was the nature Of this right before gov
inoftf nj
pery ordsiIed BY these, the right in question only
mited il exercises it was not destroyed and reyyes
and resitates whenever there necessity making the way
indispensable N is illustrated in familiar life every day. IF
purchase piece land surrounded by the possessions
him from whom 1t is derived that have way out to mill
to market may take right incident to the acqus
ton. 1t is principle resulting from necessity, and is modi-
fed circumstances may require way mpractcabe in
its is the thing way all and such is the
posture of present the northern continent
We purchased California from Mexico paid large equiva-
lent for it, and have in fact way CONT
ncnt to get to it,.
That is the law of nations gives us the right to cross
the sthmus Of Tehuantepec and it is absolute right
As it is by virtue of the higher law higher than treaties
higher than the Constitutions of the United States and Of
Mexicohe law of God, which is law of necessityit
is perfect right / have to say this argument in
the first place. that when we had such right,
perfect and descending to directly from Almighty
power and Divine justice, it most bungng deploma
to rest that right upon the grant of the Mexican Gov
eminent to Don Jose de Garay have say in the Sc
cond place. that while might deny that we have the
way across Mexico there is still another ques
ton which the honorable Senator has not disposed Of
remember a comedy which saw acted once, in which
the parents of two lovers sought oppose their union
under mutual mistake 1t resulted in their fight and
marriage and when they presented themselves for for
gyeness the parents found that just exactly the union
which they had desired and studied bring about
what had taken place, and which they had opposed
der the mppostion that each had other party in
view. The father of the groom obdurate. The
father of the bride said Well now, will you not forgive
your son? Have you not got your own way after all ~
The nfeIible parent replied, Yes have got my own
way, but have not got my way Of having it." Now
ask the honorable chairman of the committee whether,
besides having absolute right by the higher law, to
the road across Mexico have right to own way
of having Il? think not.
But sir, the honorable Senator supposes that this
right of way over Tehuantpec nures to US by virtue of
higher law, upon the ground that portion of ter
rtory is behind Mexico and another portion before Next
and it is necessary for to pass through Mexico
in order to go from part Of our possessions to
another like farmer who has right to go to another
part Of his farm another mans lands remind
the Senator thatwe voluntarily placed ourselves behnt
Mexico and think that II 20 and take farm behnC
another mans farm, the soil under his farm, have
right TO reach that new possession by going across
over, or upwards, and through his farm.
Fourthly: At the time acquired possessions o.
right of way the shmas q TeRaanpec 'h ana 81
gave good why she thought she had rather
We assented and waived the demand and permitted he
to rise from the earth upon which had Frustrated her
without surrendering this right Now, think it is too
late to insist upon il.
Filthy real object in obtaining the right Of way
the Isthmus Of Tehuantepec is to open inter
oceanic communication for benefit, and for
the welfare and benefit Of mankind the right has already
been offered for acceptance and the offer is still open
What has been areadyquoted proves this But for great
er certainty, hear your Minister, Mr.. Letcher
Recently have had several conversations with
Mr.. Ramirez regarding the treaty Of Tehuantepec Our
interview nights ago lasted upwards Of four hours His
Exceency upon each OCCASION manifested great
upon the subject evidently very much surprised
my apparent Indifference 1t is quite obvious he feels
sensby the responsibility Of his position. listened calmly
and patiently all he had to say He reiterated in strong
language what had often previously declared that the
treaty in FORM could be ratified by the
Mexican Congress that any attempt the part of the Gov
eminent to favor its approval would end in nothing but its
own immediate downa that he sorry say the feeling
Of his country the present time against the United States
exceedingly strong much that in power could
venture 10 advocate intimate association with that
country that be altogether satisfied the interest Of MeI
CO. and that Of the whole commercial world demanded
the contemplated connection between the two that
far from throwing obstacles in the way Of that
Mexico was fully prepared to 80 every reasonable length to
but 90 far had il in his power guard and protect
honor determined she should only be free from
the world in every particular in reference to matter Of
much Importance that although she had been and this
moment badly treated by many Of my counymen STILL from
motives OF sound policy she disposedand such his
own sincere wso concede the United States in prefer
enee any other Power all the privileges which might be
necessary accomplish Che greatest enterprise Of the age but
the Garay grant Leave out that grant say nothing about
it. and ready, said he, to into treaty with you
which think will be satisfactory to both Countries"
Hear Also the letter Of President Arista Of the 18th
Of April last to President Fillmore:
Among the differences enumerated BY your Rxcellepcy
there which produce any serious difficulties be-
the two Republics for Mexico has always been dis
posed to the opening Of communication through
Of nsd