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


and Is.s,ins ,As .op 81 isaa resigned h. powsr
and Ssaa Anna came into the chair ia bic place
Santa Anna fosnd this decsee made and went Of the
eXecuse office before the IL, Of April, l6a5 but YET not.
without he wing endsssksn 10 the constitution Of
iosi and Il Is ina. atemP, Of bis On whleh understand
the Conmiltoc ON Foreign Relations rely o. sttD
The decree by Salas on November 9, isao and
yet the senator from New York according to his Mexi-
authorities makes II prior IN point OF tine 10 the go
ing out OF power Of Santa Anna in April, lsi5. Nor is
his, rather their. mistake accidental thought al nfI
that II might be misprint bu, on reading the nex para
graph saw the for the mistake. because there
NAV be reasons for mistakes well for the truth
Here II Is: ,#a. Il Il .# Il. asf
'.Iw thsteven ibis decree recognises the basis
II Jsf ,hy b ~ =, ne
The constitution had already been fe-esabshed by Saias
the constitutions but only papabe pervefsion of for the
purpose OF increasing bis own executive power Did that
dlsi day OF April 1875 the inst Congress Of
Mextso was In session and this decree OF Santa Anna,
came under review and they on that day adopted an ac
revising and this decree OF Santa Anna and de-
OF the executive was valid unless il submed TO Con
gess and that 40 act valid that submitted TO them
s.iea,loa was in force on The Isl of April 1916. and the ex
ecutve power limited the making Of contracts, sab
this Congress which Ihave just read vdaied Santa
Annas grant 10 Garay even brought II before Congress
10 limit the alas who nude the decree extending
the time In the deeree OF Ssas extending this contract
subject The IL certain
all constitutional conditions hanging about the execu
live power entered into that contract and followed II IN The
hands OF ITS asslgnees."! .tI#H# ,aHas..
The object of the mistake or rather mssatemeni,
bring Saas under the operation OF the Congress which
had been dispersed twelve months before, and make II
appear that his decree extending the grant sinyald be-
it Submitted to the Congress which went
out of existence before the decree made admit, as
before stated, that the senator has omitted It IN the
second edition of his speech But sir. that does not ex-
cuse him for the careless nattenlion with which he
stands charged in to this matter free 10
state however that am disposed TO lay the blame at the
door OF bis EXOTIC allies rather than at his own; but
would advise him 10 be little more cautious Tor the fu-
tare IN giving credence TO what proceeds IRON that
source. 2.1 s. Y
The next point made by the senator from New York
taken literally and bodily from the Mexican pamphlet
to which have alluded and II Is IN reference 10 the
statement made by the commissioner who negotiated
the treaty OF peace with Mr.. Trst. that Mexico had no,
the power to grant TO US this right OF way Tor The
reason that some years prior she had made grant which
had come into the possession OF English subjects, OF
whose rights she could not dispose How does the
senator from New York attempt TO get rid of that Difficult
ty? How does he attempto avoid that estoppel He
attempts avoid Senor Ramirez attempts avoid it,
by saying that that admission referred not TO the grant OF
the right of way, but TO the grant of colonizaton OF
which Mexico had notice What is the language OF the
commissioner Mark. Mr. Trst was authorized by
Mr. Polk TO offer $l5ooO,ooo for the right Of way-nol
for any colonization rights but for the grant of the right
Of way. and the right OF way alone Mr.. Trlst had fur
nished draft OF article TO that effect What did the
Mexican commissioner say!
In the eighth OF eXcelencys dKaught, the
grant OF fee passage across the sthmus Of Tehuante
to the South Is sought In favor Of the North Amer
can citizens have orally explained TO you that some
private contractor privilege with reference 70 this OBJ
eminent English SUBJECTS Of whose rights Mexico canno,
dispose" ,.@-a as3tG
To what object Why. most assuredy to the grant
OF the night OF way the isthmus Nothing but the
grant OF The right OF way had been mentioned between
them. Nothing else had become subject of negotiation
and conversation. is IN this way that the senator
from New York has attempted TO avoid the force OF
Argument the force OF which he would not directly meet
Besides the senator says nation cannot be estopped ;
that the law of esoppel does not apply nations What
is the law OF estoppel in moral point OF view II is
nothing more than the principle that individual can be
heard 10 falsely his own act that when his acts or bis
admission has been interposed for his own benefit
in opposition TO another, this act and this admission
stand, should they in the future be drawn in ques
ton 10 affect the right OF others The munments OF tile
and the fasls OF treaties rest upon it. is principle
universal in Its application, whether to individuals
poraiions, nations. II is this principle which invests
this question with all its national character Here
object dear 10 the American heart, and object Of
the utmost importance to the integrity and peser vation
OF the country. proposition made TO Mexico 10
obtain The right when we had power to demand it,
Mexico in the dust the conquerors foot was upon
her neck. We had right to demand it /; but in that
spirit OF beralliy which has always characterized the
American people, did not demand il gratuiiy but
we offered her the enormous sum OF 3l5.ooooO0. How
this offer met How was this generosity appreca
ted Why, sir, by the n,erposon OF this very grant
obstacle in our way. And now. sir. have right
to hold her to her rs position and take now that which
we were prevented by that position from taking then
Even the original contract and its subsequent extern
sion had been affected with nullity, this admission BY
Mexico has estopped her from asserting il. and we, as
having come in possession of what obstacle
10 Just demand have the right every principle OF
equity 10 be placed In the situation would have been
in but for this act OF Mexico, which she be
permitted to repsdate. r.s.s. SOS bas ra
will now call the attention OF the Senate another
OF the mistakes or misstatemens OF the senator from
New York with which that senator's speech abounds
In speaking with reference TO this proof which have
brought-the letter OF the President of Mexico the
governors of Oaxaca and Vera Cruz, ordering the lands
10 be put into the possession OF Mr. Garay-bow does
he attempt avoid the effect OF hl hesitate not to say
that done By atotal misrepresentation OF that letter
| will read the language OF that senator:
But what effect of these orders of Herrera the
President oil Mexico TO the governors Of OsIsca and Vera
Cruz They orders prevent depreda and
ed have Obtained them under the grant cedng the lands
TO Garay but IL appears that the of Mexico
that derstood that those claim did
right TO open the hmus and only asked projection for the
enjoyment Of their lands That protection and enoymen,
of their lands has been denied by Mexico But
IL this conclusive, there IL point II the
President of Mexico could not make such grant, he had
no power make admission the effect OF which woud
be to establish the grant IL the President Of the United
States should admit that bali the State Of Maine any
pauof 1t belonged TO Great Cuain, that admission would
affect the boundary line OF Maine 10 the least"
/ Now, sir, compare this with the contents Of the letter
have already read it, and is not the provision appar-
ents Sir comment is unnecessary Is this that adjust.
ment OF the law of treaties" OF which the senator
vauntpgly spokel II so. fear his obliquiiy OF menal
vision is hopeless of cure and bis progress in the study
OF optcs must be speedily terminated.
/ There was another point made. both by the senator
[Mn HALE1 and that was, that according the decree
OF Salas, alrmng recognising transfer from aray