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

iege granted TO Don Jose de Garay
Here then. is grant made on the is day OF March,
s42 by the provisional President Of Mexico. and here
is law OF the Congress OF Mexico passed on the @<u
OF May, 1884, aboganng the grant The grant ihen' mas
been ao'ofa'sd sna = s@a ss0 @asSs esoas have un
defaken to show the contrary, and they TOOK three posi-
tons First. that the Congress OF Mexico had no power
10 repeal The decree OF Saas second inat oaa,
SUCH bound that nation, especially when an interest ha
become vested in foreigner The third is, that Mexico
has since the decree OF Salas, recognised me existence
and the validity OF the grant, notwithstanding the con
gessona decree OF repeal. shall oriely nouce lnsse
replies in their order The first position OF the committee
is tha, the Congress Of Mexico had no power TO repeal
the decree of Saas BY the constitution OF Mexico the
federal constitution OF 1921, If in force at the ume not
only had Congress power 10 repeal inc gram, ou no
power but Congress had authority to make any such
grant refer the Senale to the fifth section OF the con-
slilution of Mexico, which constitution is here;
sgc 8. ~. Every resolution of Congress shall have
the character % Of a law or decree. IL, - a.. .,o,,,n,
" ARr 49, The laws and deciees shan be lor supporting
the national independence the union OF The Sales anu
peace and order; TO maintain The independence OF 'he
ates equal propor.ionment in the assess
Anr 90 The exclusive power OF Congress shall be the
Par2d To augment the general prosperity by decree
Ing The Opening Of roads and canals ana "s pr @
proving their own establishing posts aud mais ana 50
curing limited time inventors improvets, or those
who introduce any branch of industry, exclusive rights
their respective inventions, Improvements OF hHoouc
tons"
II his rs tne OF MEXICO, anu We executive
power make such grant upon the lsthmus OF lehn-
aniepec reposed in Congress- and was never IN The
President according 10 that constitution. But what is
Inore the power Of Congress limited. Congress,
while il had an exclusive power 10 make canals and
railroads without interfering with the States, had no
power open the slhmus 10 interfere with the rights
of The States of Vera Cruz and Oaxaca which occupied
it, The provisional President, Santa Anna, who had
power nerregnum OF the constitution oil
1924, under certain conventions called the conventions
of Estanzuela and certain bases called the bases of Ta
cn haya
in 1912 given TO his avorte grant, which, for want OF
compliance by the grantee with its conditions had ex-
pred and was void.
In 1916 the government established by Paredes, and
administered by Bravo, was in power. A revolutionary
movement, distinguished the revolution OF the citadel,
posed Bravo and recalled Santa Anna, then in exile,
and ad interim advanced Salas, brgadie general TO The
supreme executive power He came into that office on
the fourth of August 1916, and limited his own powers
by the OF the plan of the CITADEL and proclaimed
the establishment of the constitution OF 1924 Here is
the decree of Saas which have translated and copied
from the book OF the DEGREES OF the Mexican republic
which lies before me:
Ministry of Foreign Relations Of Government and Police
"His excellency the general in-chief in the
ercse OF the supreme executive power has directed TO me
the following decree,
the berang republican army in the exercise OF the su
Preme exscul,ve power 70 all whom these presents may
which the republic is now iound he has been moved to
decree the folio wing
ART Unti the new constitution is published, that OF
1871 shall Ia all that is NOT in conflict with the
The the citadel oil this
the 4h OF the month"; and that the present STATE Of
affairs oil the republic viii permit
Thus Salas in power, ackno wledging the constu-
ton of 1884, and self bound support il, when, the
5h OF November, is4o, he made decree extending an
already expired grant, which equivalent 10 making
the grant ITSELF which grant was IN direct conflict with
the constitution He exercised absolute power, but
qualified dictatoral power which was limited BY the con
stluton anu by the bases OF what called the Act OF
the Citadel.
We have them the decree oil Salas, provisional Pres
dent extending this contract o two years and we have,
in the first place, the constitution OF Mexico declaring IT
void Here is ground upon which the constitutional
Congress- on the cal of May, 1851, abrogaed the de-
cree OF Salas.
is now necessary to 90 back in the history, bring
review another ground Santa Anna in 1912. Pres-
dent under the bases OF acubaya, and the conventions
OF Estanzuela BY the sixth basis OF Tacubaya all the
DEGREES be made by the President directed to be
submitted TO The first Congress, "a central constitutional
Congress that they might be approved rescinded The
grant Garsy made OF subject to that basis
So also the other extension which was made prev-
ousy 10 the granted by Saas IN bis decree OF the
5th OF November, 1916. Santa Anna never submitted
The decree oil March Isl, 1912, (by which the original
grant made TO Congress- and tha, gran, was held
for ,ba, 10 be void by the Congress, which abro
gated il on the 22d OF May, 1851.
Ii will seen that Santa Anna bad abrog ated that
sixth basis OF Tacubaya The facts are that the 80
OF OCTOBER s43 Santa Anna issued decree TO the effect
that the responsibility OF the acts OF the provisional execu
tive Congress- created by the bases OF Tacubaya and
the conventions of Eslanzuela, was merely response
by OF opinonlhst OF his acts could be snnuled,
aud that the entered into by the provisional
ecullve invioate
II will be seen that this decree recognises the
bases of Tscubays because treats OF the responsibility
OF the executive, which established by the bases OF
Tacubaya Then, this decree OF Santa Anna not
subverson OF the central constitution and sixth basis Of
Tacubaya but only papabe perverson o them, for the
purpose OF increasing his administrative power. Did
that sandi Was that left the law OF Mexico No
On the FIRST day OF April lS43 The first central oonsttu
lona Congress OF Mexico in session, and this de-
cree OF Santa Anna absoyng the executive from respon-
day adopted revising and abrogang this decree OF
Santa Anna, and declared that bis responsibility a
drec, that act OF the executive valid unless
il submitted to Congress; and that act valid
that submitted 10 them and rejected not approved
by them SO, them the central constitution IN force
the FIRST OF April, lsi5, and the executive power
limited TO the making OF contracts subject TO approval by
Congress and the original grant to Garay was, by virtue
of the bases OF Taeubsya and this constitution, rendered
void by that Il not submitted TO Congress and
approved by them.
am aware that this examination has led us through
empesiuous season. in which civil government often
oyefbornc in that unhappy aiernal republic. But have
shown that during the time OF the extension OF this
by Saias, the legislative power IN foce and that in
that respect the constitution in absolute effect ask
The Senate 10 consider two propositions F.rs that
every citizen and every foreigner knew ought TO have
known, OF The limitations OF this grant when king an
assignment Of IL, and that he knew he took at what
ever hazards attached to 1t by virtue OF the constitution
and the reserved power of Congress and the second
af