The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-22

who ny transferred il 10 citizens OF the Uni,si
States and 10 the property ef company located IN
New Orleans who have since attempted carry out ths
design of making the road BY sending company Of men
there make further surveys Of the route. with view
by the Mexican authorities aud the grant declared
void by the Mexican government In 1851. asserted
Yesterday and assert again, and can make good The
by documents and proofs before that no oh
lection made TO this grant, either account OF
the lime having expired within which the work was 10
Dc Or on account o. hs wan, o. u those
the hands Of the English company into the hands Of
American citizens Nor, !, until the year 1851,
as IS shown by note of the Mexican minister in lh,
city TO Mr. Webster, that any objection ever made
To this grant for want OF power in those who made it
Ga the contrary, in ls49 in the note TO which have re-
ferred the whole objection that made. after she
found the grant had passed no the hands OF American
citizens was that il had expired by its own Limitation
Here an extract from Mr.. De la Rosa's letter to MI
Webster. OF July Sd, 1901: us .H#r e4sg.F ~.
Under date OF April g. 1919, Don Jose Garay was in.
10 med by legation that the Minister OF Relations the
Mexican republic had determined. by order Of his
which the privilege had been, extended Tor Opening an
oceanic communication through the sthmu. Of Tehuanle-
pee, had without any efforts having been made
said Garay comply with the stipulated theren all
grants which had been made by the law Of May 1872,
ceased exist, and that the republic had
resumed all its rights In regard to that matter"
Within the time Of the first extension, Mr.. Garay
ployed an engineer by the name OF Moro, who made
survey OF the premises, according TO the requirements Of
the He communicated that fact u The Pres-
dent Of The republic and by letter which is here from
the Minister Of State by order o. the President to the
full possession Of the land grated by the original con-
tract. Y Ai icy Steer
In reference TO the years embraced ia the last en-
tension place ourselves this principe that in
sequence OF the with the United Sta,es-a which
has been declared by Congress TO have been the Of
Mexico--Mr. Garay and his assignees were exempted
from complying with the contract far the further
prosecution OF the work was concerned during that pc.
Rod But sir. il is not necessary 10 refer even 10 that
well known principle OF law, that the act Of the granor
will the performances BY the grantee Of The
conditions OF the grant, because, IN l647 have proof
before US that Mr. Garay again went upon the route to
survey it, In 1s4S he again went with the survey
commenced in lS47 So that from the beginning 10 The
end of The whole transaction there is nothing that ap.
ec the contract with nuiIity in the slightest degree
shall refer particularly to this proof when come to
examine the statements made by the senator from New
York Mr.. SEWARD and 10 do what he failed to do,
" adjust the lens OF history concentrate rays
upon this subject"
Now. as 10 the grounds assumed by Mexico upon
which this giant Is declared to be invalid. The first is
the want OF power in Salas 10 grant the extension OF
time 1t is alleged that Saas had authority. by virtue
Of the convention ~ OF plan BY which he came into power
say that Saas and all the Presidents Of Mexico who have
preceded him since 1886 were dicators de tscto And
indeed it may with truth be asserted that since 1885 there
has responsible government in Mexico. unless il
was dictatorship 1t is principle OF law too well cs
tabshed that individual nation required to
have negotiation transaction On that point we
have many precedens but il is unnecessary TO refer to
them as the principle is 80 universally acknowledged
TO need calculation In accord with this principle
assert that the propositio1 OF the senator from New
York is ue that the gran, made by Santa Anna and
tended by Saas not valid for Of power in those
functonares then title 10 California and New Mex.
leo is without any foundation: for by the history Of The
time be shown that the governor ant OF Mexico BY
which the treaty of peace made with the United
States, the government Of Pena Pena was as much 4.
fected with LEGITIMACY those under which these
concessions claimed is historical fact that when
the treaty Of peace about 10 be acted upon the Pres.
| to exclude the delegates from New Mexico Yacatap,
and California leaving thus an unconstitutional Congress
This principle was expressly recognised. and the con-
tngency contemplated. by Mr Buchanan. in his insuc-
lions OF April IS, is47, 10 Mr. Trst, from
which will here read:
$50 rapidly does revolution follow revolution In Mexico
that would be difficult conjecture what form Of eov.
ernmen. may find in existence that Inflated
constitution of 1924 may then have been abolished and
dictatorship be again existing in its stead You will not
eminent thai mud there your arrival provided
present., reasonable prospect OF being able msnai.
the constitution OF 1924 and acquired the supreme power
his Ratification Of the treaty will be sufficient without The
previous appreciation Of the general Congress- Were this
government refuse conclude treaty Of peace until
The Mexican shall assume any pea oeat con
sututona form, the war might continue for many
to come" ta.e 80 II
| Yes, sir, and he might have added, "forever !" and
we may say, that grant oil right OF way or anything
nsn or on 's amy @ which had p.%sssa
constitutional form, such could ever be made.
said with reference 10 the powers Of Santa Anna when
ne made this grant originally, and when he sxianded
IN ls43 and IN reference to the Of SalAs when be
extended II in 1916, that they absolute, and that
those two individuals exercising de focts dctatona
and absolute power in Mexico and that there
siluton TO control Them What are the factsl The
hfstrepnocan constitution in Mexico was adopted IN
1924 "a constitution modelled after our own. and im-
Iang very closely. This constitution 20 far from
unung in being for period OF nineteen years.
ed by The senator from New York, continued 10 exist
ence only about ten years, certainly not more than
twelve. In 1884 il was abolished by what was called
the plan OF Touca and, the language Of relis
Die historian, II was not only abolished, bat actually
and physically "bloed from the statute books OF Msr-
co. In consequence OF this plan OF Tolucs The ccnsu
tuition OF 1885 was adopted which destroyed The STATE
governmental entirely, and made the State military
/ central government at the city of Mexico. Thb
form OF government lasted only till Is4i, or about nN
years Then, in consequence OF OF those onbreaks
which common in that unhappy country, con
venon OF officers assembled at place called Estanzus
la, whose deliberations resulted in what called me
bases De Tacubaya the seventh article Of which conferred
the most dicatoral powers on the President Wnls
Santa Anna was thus possessed OF supreme power mel
sued this grant TO Don Joee Garay.
Il IL ia true that Santa Anna according 10 this basis oe
Il Tacubaya, President, bound 10 submit his acts 70
he bouod also to call together convention for NE
urpose of forming constitution. Accordingly, 10 ~
he did call together convention OF citizens bat oeo
they had completed their deliberations. while they ve
in the ac OF forming constitution, he drove them oo'
doors at the point of The bayone and the next year
caused to be established, by junta OF his own cns
ton, what was called the bases oWanicas; which,