Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-02-19

made conveying the privilege and that noscc u @'
Segment had been received by the Mexican
But suppose the Mexican commissioner did make state
ment which unintontionsly even ntennonay err
in point fact would that statement vsst
leo Of her rghtg The law of esoRss which DE-
tween individuals in conducting their own affairs has ne
yer been and never can be, applied 70 the intercourse
between nations who passive, and whose connunca
tons with each other are always Vn
possessing such measure OF capaciv anu W
may happen to obtain. n
The COMMITTEES rest their assumption thirdly, upon the
facts stated by them, that
the assignment grant to the present American
holders the Minister the United States in Mexico in
sucsd by his Government to apprze that Of Mexico OF the
desire Of this company . @ mo x
ed to make for treaty securing to the enterprise the
Joint Of the two Governments The Mexican Gov
rnmen learn from the correspondence Of Mr. Lcher
with Mexican Minister Of Foreign Relations made not
slightest opposition in forwarding passports and issued
the departments of Oaxaca and Vera Cruz not
sly to avoid nteposng any obstacles in their way but on
the contrary TO afford them aid and hospitality THE
gnsers Mr. Letehsr adds accordingly sent the ports
thrown open for their supplies and than hundred
thousand dollars have been expended in surveys opening
road &c. bssdesa large ofmoney in furnishing mate
"rials,'' &c.
Will the Senate look into these papers They will find
that although we have the letter of John M Clayton Sec
rotary Of State Of the date February 20h 1885, to Mr.
Letcher Minister in Mexico informing him that Mr.
Harg0us had notified the Department that he was the
preventative Of the claim in this country, and had
poyed engineers whom he wished to send to Mexico for
the purpose Of making surveys and requesting Mr. Clay
written by Mr. Letcher to the Mexican Government ask
ing for the passports and instructions and have
evidence whatever of what communication made,
and upon what communication by Mr.. Letcher to- the
Mexican Government it that the passports and the
orders the Governors of Oaxaca and Vera Cruz were
given Without this knowledge, unless the passports
which obtained and the orders which were issued
recognised the validity of the grant, the transaction I'M
piled recognition of right will not trespass upon
the Senate by reading these Spanish passports They are
like all other passports printed circular letters OF
protection, given by Mexican consul at New Orleans to
foreigners travelling Mexico. They such any
American citizen whether engineer, or any other belong
ing to New Orleans or to New York. obtains from his
Government whenever he sees fit to go abroad
Here is the letter of the Mexican Minister of Foreign
Affairs to Mr. Letcher, which accompanied copy OF the
orders issued to The Governors
MINISTRY OF FoREIas AFFAIRS,
MEXICO, APRIL s. 1850.
ESTEEMED SIR have the honor to enclose you copy
Of the order of this day, directed his Exceency the Gov
ernor of Oaxaca for the object which Expresses another
copy Of the will be sent the commandant general Of
the said State
hasten to give information of the same repeating myself
JIM. LAcuSzA.
His Excelency R. P. LErcHEn &c
And here are the orders themselves
Mr.. Lacunza TO the Governor of Oaxaea.
MEXICO, APRIL s. 1850.
hosr EXCELLENT SIR Several American engineers having
been appointed for the purpose Of examining the possibility Of
opening the communication between the two by Of
the Ishmus Tehuantepec and DESTROYS is his Exceen
sy the President during their travels In your State that they
should meet with cmbaassmens but the contrary be
treated with oil hospitality he has been pleased to direct that
his whes should be communicated you have the
honor do, officially repeating at the same time the
of my esteem.
God and liberty! LAcUszA.
His Excelency the Governor Of the State of Oaxaca
There is nothing in the letter. in the ORDERS which
recognises the validity Of the Garay grant, Of title
OF assgnees under it. 1t is utterly preposterous to
ground upon this act Of courtesy and hospitality by the
Mexican Minister of Foreign Affairs a recognition Of the
validity of the grant to Garay, the assignments Of
those who claim under him.
The committee rest their assumption, fourthy, upon
the facts stated by them, as follows:
"This is not all the Government of Mexico
sented to enter into negotiation for the proposed treaty and
convention for the joint protection Of the work thus be
executed by American citizens asgnees Of the Garay
grant concluded Mexico in June 1885, and the
suggested by the Secretary of State Washington
turned Minister in Mexico and the whole terminated
D ~ s q PrssSsn asrera
convention ratified by the Senate Of the United States
and returned Mexico and finally rejected by the Mexican
Congress in April, 1852"
The committee do not mean to be understoodit would
be dscouresy TO them II would be unfair to suppose
they meant be understoedhat the facts that the Pre-
sdent of Mexico signed treaty which sent to the
United States and rejected by them and then signed
another and sent 1t to the United States and il
eeped by them and returned to Mexico and rejected by
the Mexican Congress- which had power to reject it. con-
suted recognition Of any fact recited in either Of
those incomplete treaties That would be to draw the
recognition Of the validity of claim from attempt to
negotiate settlement Of It, All pretence that Mexico
has in any way compromised herself by this negotiation
viii disappear from the when shall show the history
Of them. The first treaty made during the time of
that good just and true OLD maH Zachary Taylor, and in
the time Of the administration Of the State Department
by that distinguished and accomplished dplomatist and
just negotiator John NJ Clayton. Here is the first ar
tce Of the first draught Of the treaty which was sent to
Mexico:
cart l. individuals upon whom the Mexican Government
may hare beoed may bop the privilege Of constructing
road, railroad canal the hmu' Of Tehuantepsc
and those employed by them shall be protected in their rights
Of person and property from the inception TO the completion
Of the work"
Not only is there no recognition OF the American
sgnees Of the Garsy grant and recognition of that
grant itself in this article but there is careful exclusion
Of any such statement.
Here is the fifth article Of that treaty OF Mr. Claytons
Art S. In any difference which may arise between the
undertaker either the present the future Of the work, which
involve the loss Of the right TO the privilege the
planning party shall draw statement OF lite pretensons
and motives and similar statement shall be drawn the
other party and both shall be submitted
arbers who hold diplomatic appoinmen commission
and who reside In the Mexican territory One Of these arb
srs shall be appointed by the holders Of the privilege and the
other by the Government Of Mexico and these two Of
disagreement shall appoint third with the qualifications
above required and from the decision Of these arbers there
shall be appeal whatsoever. or all other
questions which may are the Mexican tribunals shall take
cognirance."
But then came into power the successors Of Gen Taylor
and Mr. Clayton and then also reappeared Mr. Peter A.
Hargous, merchant claiming to be the representative
OF this grant and then begun to appear that there
speculation behind this great enterprise impor
tant to the Government Of the United States, and
Objectionable to the Government Of Mexico, than the
terprise itself Here is precious evidence Of it, On the
26th day Of August $780, Peter A. Hargous wrote let
ter to the Secretary Of State in which, after reviewing
the treaty Cavton which had then RENTED