The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-08

49, DE OF The lreaty.making power.
In he report OF the committee 10 which have alluded
~ tsonnd mon which The law Of the Mexcan Con-
~ was passed repeating substantially and IN effect
s grant 10 Gsray Is fully set forth II appears from
bs recital contained IN the report that when the grant
%ss made in 1912, certain time given 10
~ grantee within which 10 commence the work. Be
rs The time expired, further decree issued by
ma Mexican government extending the time, In 1916,
,yhea General Salas came into power as President,
sIh supreme power, Gas Santa Anna and Bravo
b,d been before hm,) the me had elapsed within which
me- work to be commenced. Surveys had been made,
s1, me work had actually commenced aud the grant
ipht have been considered forfeited by OF JUDI
a proceeding; but that forfeiture cured General
Saas November, 1915, ISSUED decree giving further
time Tor two years TO The holders OF the grant 10 com
meDce this work and by that decree ngraed upon the
ynnt additional stpualions and additional PROVISIONS
mus constituting consideration equivalent Tor the ex
ienson granted The decree is sci out al large IN the
volume 10 whch nave feleiieu ana can DC seen W any
senator
The time for the commencement OF the work thus ex-
tended In November, 1916, expired IN November, 1913
before which the work was actually commenced, as Is
admitted on all hands, and thus the grant was saved.
The single ground assumed by Mexico for thus repeating
the decree OF President Salas is that he had no auhor
ily to make IT, -
This is simple aud very issue and the first
remark should nole is that If this so, the judiciary
WAS The proper tribunal 10 determine the question
II The grant was VALID il contract made for val
uabe considerations and beyond the reach OF egs
lalon The sanction OF contract so made 10 the honor
and faith OF the nation that is party 10 II, and both oil
these expressly pledged by the terms OF the grant
Bat Mexico did not choose 10 remit the party 10 her
courts Violence, the law OF the tyrant was more
speedy and certain resort.
AS the authority OF Salas, II is enough to say that
he was for the time, the sole deposlary OF power and
that power was supreme. His title was, president Nth
supreme power." In his will was concentrated the will
Of the naion the government defaeo, and he was so
recognised and submitted TO by all Mexico unh The gov
eminent was changed.
This was not the only decree in the naure OF gen
era law which emanated from this supreme power
whilst President Salas held it,
Looking through the history OF the times, we hnd the
following amongst others:
l. A decree organizing the bureau OF general achives
.. A decree relative 10 the liberty OF the press.
g. A decree relative to colonization.
4. A decree relative 10 literary property.
5. A decree authorizing popular meetings
q. decree concerning naturalization
All these DEGREES, and with Them that CONCERNING le
Garay grant were communicated 10 the Congress which
Sas convoked by his ministers, as laws enacted by lhe
They were received and submitted to as such. No
protest against them usurpallons was made, not
word from the press eyen questioning their validity or
The power that enacted them. On the contrary, the very
Congress that subsequently repealed this decree OF Salas
on The ground that he had authority to make Il, annued
law Of the State of Sonora, because il violated Saass
decree relative TO colonization. 1t would that his
power undoubted Tor every purpose save to extend
this grant This needs no further comment.
have caused to be prepared paper intended to show,
and believe It does correctly show the difference pom
in lime and distance in passing from different points OF
The North American continent 10 The Pacific by these re-
spec,ive ways The distance from New York TO San
Francisco Chages is six thousand six hundred and
fifty miles, and the distance between the same points, by
the shmus of Tehuanepec is four thousand nDe hun
ded and seventy matchmaking difference IN the dis
of one thousand six hundred and eighty miles
Between New Orleans and San Franclso w way OF Pan
ana the distance is five thousani ho. red and sew
en,y.fve miles; from New Orll 10 san Francisco by
the shmus of Tehuanepec the distance IS three thou
sand seven hundred and forty mes-making difference
OF one thousand nine hundred and thirty Ave miles
Now, as to time, am informed that the average time
now occur led passing from New York 10 San Fran
CISCO by the Cbagres route, about twentyeght days,
and the quickest Time that has been made twenty-five
days.
Mr. WELLER It has never been made in twenty
Mr.. MASON | would like 10 know what is the
shortest time
Mr. WELLER. Twenty-four days
Mr. MASON. Ii is estimated, computing in the same
ratio that the average time from New York 10 San
Francisco, Tehuanepec will be nineteen days, and
the shortest time probably fifteen days, From New Or
leans San Francisco, by the way oil Tehuanepec 1t Is
estimated the Time will be fourteen days, and the posi-
bic time twelve days.
/ get these statements from gentlemen interested in
THIS work. and who 10 have derived them IRON cor
rect sources
MIR President, have said that the government Of the
United States has interest in this right OF way across
Tehuanepec which j, behooves 10 retain, and TO IN
ssi upon, through the agency OF the Garay grant, nov
10 the hands of lis citizens. IL IS duty which
the government both TO itself and TO the citizens
Of The country TINS right OF way is within the limits
government OF Mexico be permitted TO repudiae the
grant, shall not have transit across 1ehuantepeS
for bali Century The Garay grant was very liberia
Ii conceded 10 the grantee leagues Tor thirty hve
mles) OF the unoccuped lands each eide OF The line
OF communication. II authorized colonization, and gave
the colonss almost all the privileges of Mexican ci
twas very liberal in reference TO the tax that
was TO be exscted the transit, and Mexico more than
all, pecluded herself from imposing any taxes or any
political charges the work for period OF hiiy years
The grant, therefore is most important one, and II we
In ha AfGH led.
prophet 10 foreell ba, Mexico will either concede no
other, OF 1t will be done in such form as 10 render
raueless AS ghway TO the world.
How does the mater stand The Mexican law 10
which have referred, dIsafming the decree OF Sass,
passed 10 May, 1881 nearly two years ago. The Mex
ican papers inform that that government has, from
time TO tne Issued proposals 10 construct this way by
a company, or IN some other form Two years have
elapsed and yet notwithstanding the eminent importance
TO the world OF having the continent al that
point, the whole question stands just where II stood
then. We are informed thai in all the proportions
which have since emana,ed from the Mexican govern
meni in their proposals inviting new companies to con
stfuct this work, they have imposed limitations and
restrictions which must discourage all iron attempt,
ing H. or which would have the effect, VI complied
WITH Of leaving that work exclusively The charge OF the
Mexican government The propositions are OF this char
aeter The required IN the hIst place to
acknowledge the unqualified sovereignty OF Mexico over
the transit and her right TO impose any political charges
whatever upon persons or property passing over H. lbey
are required TO acknowledge concurrent night IN the
government OF Mexico fix the corporate charges Tbey
are required 10 agree TO place their mail steamers under
the national flag OF Mexico, and all their vessels are 70
be subject TO tonnage and erage duties They are re.
CURED TO agree transport troops munitions o
The sihmus excep, with the express permis
favor OF such nations shall guaranty this monopoly, by
leductinR char