The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-12


"Sao the intempelae and Incorporating hosil-
y the Gafay grant that no Mexican 10 or Out Of The
dared whisper single word ia It's support Ia act the
deputy who voted for the ratification declared hs judgment
posed TO IL every particular but tearing It's releo-
on night occasion another between the Two countries.
he felt compelled TO vote Tor IL.
" IL Is altogether impossible 10 make treaty havips the
least connexlon with The Garay grant,
That is Mr.. Letchers report And now ask my hon
orabe friend IRON Virginia where II IS IN these negotIa
tons thai he finds that Mexico recognised the validity OF
the Garsy grant
have no hostility 10 the Garay grant, to It's
sgnees, 10 their enterprise therefore shall hold my
own mind in form favorable judgment upon
them in iuure, instead OF endeayoring TO bring other
senators TO the conclusion that the grant invalid,
that The assignment is unayailing and will pre-
sent the deductions make from the case, which have
thus traced out by history and argument in a negative
form. 10 wit: First, that the Committee Foreign Rela-
tons do not show that the American assgnees have
existing title to the right TO open the shnus OF rehuan-
lepec and, secondly that they do not show that the
iy oil The grant has been recognised by Mexico since
its abrogalon by The Mexican Congress.
Here might leave the question; but in that case
should leave undone what is the duty Of some
doexhaus the subject aud present FULLY the grounds Of
the votes which must be given against The resolutions
before the Senate
argument two things rst that the grant 10 Garay was
assgnabe and. secondly, that assignment was made
by Garay which has TO be vested in the hands OF
American citizens Proceeding upon these assumptions,
ask you 10 take notice OF another important point in
the case 1t is ndsputable that whatever conditions
Saas attached his decree entered into the assig nments
when made. Let me show you the conditions imposed
| by Saas;
"Aar. ls !, shall be express condition in all
with coonisis that they shall the privileges
taeir oginal donc long they reside in the
try subecIing themselves to all the existing colonial regu
lations which not in conflict with the present law
ART IL The enterprise shall submit for the approval
government all which shall make for the in
lie and authentic register OF all its transactions in respect 10
ali matters Of coonzaion"
Ihave translated these conditions from the record Of The
decree which is before Let me show what was The
conempoaneous exposition OF them given by Salas, an
which accompanied the approval OF the assignment.
Here il is:
citation place the positive and conducive
the part Of the settlers 50 that, whatever CTR
may require neither the settlers aforesaid nor the prope-
may in nor for any cause plead alien
privileges any other privileges except those which
granted may be granted TO them by the laws
Of the which both their persons and ,heir prop
cry be subjected and without this requisite they
| will not be admitted
Here are American citizens claiming the extension Of
this grant by assignment which was made upon the
express and published condition of an absolute donation
azaon; and yet we are ineIposng IN their behalf,
upon the ground Of the very privileges OF aenship which
they TO acquire The rights and we are claim
ing rights for those who If they have assignment,
held by to have enounced altogether their citizen
ship of the United State: We are required TO make re-
prisas or against Mexico for violating their rights
under that very contract Let see how IN point OF
fact the assgnees stand in regard to this assignment.
You will take notice that assignment was ever pub
lcy known or communicated to the Mexican government
before the decree OF Saa5 extending the grant but after
the DEGREES OF Salas Gaay made known to the Mexican
that before the decree he had made an assign
ment TO Manning Macintosh. and Snyder Co. They
have produced that previous assignment TO this
day, Il is not among the papers before US whether
such one made, aud whether il was fraudu-
lent, whether il contained what they said oil IT or mol,
there evidence but the only evidence they have
title by assignment subsequent recltng that they had
transfer made before the decree. Here is the notice
which Garay gave to the Mexican government OF the
sgnment which he had made to those parties
With these views Chose concerning colonizaiion.)
4 .l iuilu
Messrs Manning Mackntosh, aud Snyder, Co, inde-
tween the by which tcontac those gentlemen
introduce settlers on the lands"
The fifth article in tha, very deed OF assignment re-
cited that Garay did not convey 10 ibem but actually
reserved himself the right to open the sthmus IN these
words
That by this transfer the part the Don
Jose GaIsy be understood that he coners upon
Mesrs. Manning & Macintosh, and upon Snyder u Co,
right whatever to navigation from one to
the other -
And then grants them the navigation OF the little
ryer this side OF the sthmus, (Coazacoalcos so far
may be necessary TO the enjoyment OF their lands;
and then adds further and superlave precauton,
an additional reservation OF non-inlererence with his
privilege OF in,eroceanc communication. On the 18th
OF January, lsi9-to wit, two months after the expira
on OF the years OF extension allowed by the decree OF
Salas-Manning L. Macintosh announced TO The Mexi-
government hat Don Jose Garay had transferred TO
their house the privilege OF constructing way OF
mgnicaton between the two seas BY the way OF the
Mexican government acted decidedly and promptly.
mindng the assignees that that part OF the grant
untransferabe, and also that the whole grant was
tinct the last extension granted by Salas. like all the
preceding ones, having expired without commencing the
work. @.r
II remains on this point only 10 say that, whatever
title any American citizens may have they have only
the same tide which Manning Macintosh, and
Snyder & Co, bad with all its imperfecons on its
head. #.
shall omit the question whether the original grant OF
Santa to his avorle Don Jose Garay, OF the priv
ilege Of opening the isthmus, assignabe The Mex
lean government say that it not that Garay
trusted great national work agent
II such question that should arise in the United
States, what should we sayl The President OF the Uni
ted States every day issues commissions TO individuals
perform certain duties Congress every day pass laws
horzing individuals to build custom houses, &c
would like to know who there is in Congress, out OF
it, ha, would admit that administrative officer, or
architect upon public building has contract which he
assign to a foreigner and thereby convey to for-
egn power the right tell that we must execute the
contract with it's subjects
Mr.. DOWNS. would ask the senator to state, ii
this contract be not assignabe, why il was that the
Mexican government declared to Mr.. Tnst that II
able and tba, II had been assigned ls not the
MEXICAN government competent to decide that Ques
ton as the Sena.e OF the United States
Mr. SEWARD. Ii my honorable and very esteemed
friend oa Louisiana who argued this with great
ability the other day had had hs aftenfon dverfed