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


governor and the governed but it is principle Of public
law as II is Of common sense that the property OF the
citizen 49, to some extent the property of the Govern
ment II constitutes the respu5ica-the commonwealth
and thus Government in protecting the property Of the
citizen, is protecting It's property; in protesting
the rights Of the citizen it is protecting its rights
ana this Is the Of what is proposed be done for
holders of this grant If their title be good-and think
there will be question about that with those who will
examine tiff they have been induced, there be
no doubt they BEEN expend large sums Of
In order to give effect to that title under the sanction
as well as by the invitation Of foreign Government
should not allow the Government 10 crush and to troy
them. ~t 1ta4
But sir, I go beyond that We cannot get any where
upon the southern continent upon the strip Of land
which connects the two continents any right of way
that will be so purely of domestic character this at
Tehuantepec II you look ut 1t, you will find that its
Atlantic terminus domestic basin, the Gulf
Of Mexico There is not nowea foreign gun mounted in
that basin except upon the coast Of Mexico and if
appreciate the spirit Of the American people, there never
will be foreign gun mounted in tho Gulf Of Mexico I'M
less it be by the coterminous Power the republic OF Mex
leo. We have it, then, here comparatively at home We
have to it from the mouth Of the Mississippi
without passing any where-except upon the coast Of
Mexico-whin reach Of any foreign Power. The mouth
Of the river Coatzacoacos the terminus Of the Tehuante
pee road is distant but nine hundred miles from the city OF
New distance which by steamers
in three Iisthus astwere, of our own
territory; certainly so in regard to proximity
to look at this question in another point OF
view. lay it down, without hesitancy and without
fear that we have right to way across Tehuantepec
According to public law, this Government may demand
Of Mexico way across Tehuanepec sand Mexico can,
refuse it unless she becomes dsoya to the general
compact of nations What is right Of way? Every
10 familiar with that IL pcrtnins to individuals in
life it pertains to nations understand that writers
upon public law derive it from that primitive state when
the entire earth common to all men, and passage
free ALL according to their varied necess
ties Such the nature of this right before govern
ment formed the institution of separate property
ordained BY these the right question only limited
in its exercises not destroyed and it revves and
resuscatss whenever there is necessity making the
way Indispensable 1t is illustrated in familiar life every
day If purchase piece of land surrounded by the
possessions of him from whom it is derived that have
way out to mill to market may take 1T as right
incident to the acquisition 1t principle resulting
from necessity and is modified circumstances may
qure. way impracticabe in its is the same thing
way at all and such is the exact posture OF our
way the northern continent We purchased
California from Mexico, paid large equivalent for it,
and we have in fact way continent to
get to it. do not call that way which leads through
bands of savages rackess deserts and over na
cessble mountains for thousands of miles, when
there is before short and convenient pass in neigh
boring territory that may be by artificial roads
| in a single days journey.
The principles governing this right are thus treated by
! Vattel, work Of admitted authority.
The right Of passage is also remnant primitive state
of communion, in which the entire earth
mankind and the passage every where each
vidua according to his necessities Nobody be entirely
deprived of this right but the exercise Of it is limited by the
introduction of domain and property"
When, therefore, the Of territory thinks proner
to refuse you admission into il you must in order to enert
spite OF have reason eogent than all his
to the contrary Such is the right of necesy this
authorizes act your part which, other occasions
would be unlawful viz infringement of the right of do
MAN, when real necessity oblges you into the ter
rory of others for instance if otherwise escape
from imminent DANGER you have other passage for
procuring the of subsistence those Of satisfying
other Indispensable obligation force when
| 1t is uniustly refused"
/ Now sir, confidently say there is indispensable
obligation on this Government to for itself
practicable and certain way to its connexions the Pa
c6c and confidently say that at present there is
none without exposure at the Of foreign
Powers which dot the whole border through the
Antilles and the Caribbean and further say what
respect and rbearance may be due the domnons
of neghborng Republic that may be test
ed too far there is point at which it ceases to be vr-
and il rest with her to determine when it shall
1 he passed
i Now, sir, mean to wage war in this with those
who say that railroad be made the continent
through cur own territory. have no doubt it is the
power of the country to make such road, but doubt
exceeding whether it can be used effectively after it has
been made. You may make railroad ten thousand miles
long as easily as one ten miles long, If you have the
means but il depends at last upon the climate, and the
nature Of the physical Instructions you meet what 10
be the of it after has been made Compare rail
road stretched the northern part of the continent
with at the sthmus of Tehuantepec, but hundred
and seventy miles in length. We the with
certainty. Steam navigation has proved that and there
danger of obstruction from ice either in the Gulf of
Mexico. the Pacific side But in this hercuean
L
ssppi and the Pacific there be security of pas
sage whatsoever. Passing the depredaons Of hos
tile Indians you to traverse deserts des Of either
wood waer-boh indispensable to motive power. For
nearly two thousand miles you beyond the reach of
any but such travel with you and to end
the WHOLE for nearly half the year the way when opened
is DISTRACTED by impossible barriers of ice and
There can be comparison between the two routes
far certainty and security Of passage is concerned and
if this railroad continent should be made
the country win nd when done, that there months
in the when it cannot be used say them at once
that comparing any way that can be made the
northern part of this continent with that which be
made at the lsthmus OF Tehuanepec, the furnishes
communication certain and secure and the other
munication of the utmost uncertainty and insecurity.
/ have taken part in the discussions which have
arisen the bill introduced by the honorable Senator
from California Mr. GwIs) for the construction Of this
railroad TO the Pacific ocean but the cursory
animation Of the bill will show that the whole plan it
proposes is crude and immature by any means from
want Of ability in those who project but from vices in
heren in the subject ITSELF and understood the honor
able Senator to say that he could refer ii
mtee because former committees had tried in vain
perfect its details.
Here is n work to cost, suppose hundred mill ems
dollars more running for thousand miles through
deserts amidst hostile Indians stony mountains and
yet you cannot have the details Of it adjusted although
you expect TO make the road. have the bill
that the honorable Senator from Texas Nr RUsK) pro-
poses to substitute for but learn that the chief diff
ference between the two is that proposes that the road
shall be made by grant Of land, and the other by
/ grant of money as auxiliary to the land Whenever
this road shall be madeand doubtless it win be at some
day after the territory through which passes pspu
L atAl