The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-01

fer the mortgage to azforeign country" This
is very different matter from the translation
heretofore published. Finally, upon this point,
American control is out Of the question, because
any transfer OF the grant is absolutely prohi-
bited without the sanction of the Mexican gov
eminent. And still further to confirm this dis
ability, foreigners interested are required to
transmit all questions arising under the con-
tract to the Mexican tribunals, excluding all
right Of appeal to the intervention of their own
government.
| We proceed to the second proposition The
American government cannot recognize this
new grant, nor any treaty based upon it, for
several reasons. 1t prohibits the transportation
of troops and munitions of war belonging to
foreign governments without the express per-
mission Of Mexico. This in any case Of emer-
gcncy would render the defence or succor of
California dependant upon the caprice of an
inimical power, o. Of mercenary mono
poly. But worse than thA in political point
Of view : it requires those nations which will
not subscribe to guaranty Of the neutrality
of the Isthmus to pay twenty-five per cent in
addition to the regular tariff rates Of transit.
We must enter intoa joint engagement with all
the nations of the world to maintain an obnoxi-
GUS foreign monopoly over highway between
the Atlantic and Pacific States of our own con-
federacy or our citizens must pay the penalty
in an enhanced and peculiar exaction upon
their persons and goods Since the discussions
and explanations upon the subject Of the
Clayton and Bulwer treaty. it cannot be pos
sible that the government Of the United States
will enter into any association with foreign
powers in regard to the highways Of commerce
on this continent calculated for our own ac-
commodation. The rejection Of the proposed
tripartits treaty in relation to Cuba, and the
reasons given for it, are full Of significance
upon this point. Besides, joint guaranty of
this in the case of Tehuantepee would give, by
implication, right to all who were parties to
it to enter with their fleets the Gulf Of Mexico
in order to protect this crossing. What. then,
becomes Of the policy which would obtain
| Cuba in order to make the Gulf mare
clansum for the protection of the States bor-
dering upon it!
This new Mexican grant will not command
the confidence Of American capitalists, because
it is not complete or certain in point Of legality.
| 1t Yas granted by a President who had dis
persed the Mexican Congress, and was him
| self Immediately deposed. 1t has been con-
frmed. and made the subject of treaty,
by another President, who was never elected.
but only held executive authority under the
trust of military triumvirate. of which he
himself was member. 1t has been made in
defiance Of an existing law of the Mexican Con-
gress, passed in May, 1852, requiring that 1.-THE
| government shall not conclude any contract
they may enter into, Gin relation to Tehuante-
pec,) unless previously approved by the General
| Congress" 1t is the act ola government which
| repudiated the grant to Garay, after ten years
| Of acknowledgement in almost every known
form of recognition, without citing its holders
before any tribunal for defence or inquiry. 1t
is the act of a government which seized upon
and resold the very privileges in question, with
out allowing or even alluding to any indemnity
for the capital expended in their Improvement.
| Finally, it is the act Of government wholly
irresponsible for its pecuniary engagements,
| already owing arrcarages of debt and spola-
| ton, which it employs the most humiliating
| means to avoid
The books of this new Tehuantepec Com
pany. as we have already stated are required
to be opened only in the city Of Mexico and in
London-there is no provision for opening them
in the United States. The Mexican government
is to have one-third of the stock-the right o
preferred subscription as to one-third remains
exclusively in Mexican citizens for six months
tt not, therefore, clearly seen how American
citizens can at present become interested in
the contract, as what certificates of investment
can be granted them In most countries the
usual process would be to incorporate the pro-
prietors and convert their shares into stock. or
otherwise every shareholder must become
partner, and liable for all associate engage
ments. We are not aware that the Mexican
| law is different The difference between q
stakeholder and partner needs no explanation.
Nor can that portion Of the enterprise in regard
to the carrying trade and passengers between
Vera Cruz and the landing on the Coatzacoal-
cos river be free from difficulty. Such line Of
steamers must place itself under the Mexican
flag, as the Collins, Law, and Aspinwall lines
are under that Of the United States Who
| would risk vessel in such . trade, where an
INSCRIPTIONS and absolute military dictator
ship prevails, subject to continual revolutions!
| Under all the circumstances of the case, and
the unhappy experience Of the capital invested
in the Garay grant, it would be better at least to
await the definite action which the government
must take in regard to this important question.
We look to President Pierce with every conf
dence, feeling perfectly satisfied that whatever
may be the solution Of the difficulty he will
carefully guard the rights, interest, and honor
Of the country.
| TIE GARDNER TRIAL.-This trial is becoming
intensely interesting, as it draws to a close. 1t
was suspended on Thursday last till Monday,
| IN annnnnt of the sicknesa of nnn Of the inrnrs