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

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the constitution and was thus limited and constitutional
executive.
Bat the Committee on Foreign Relations make still
iarhef reply which ls that the Mexican government
has since the 9th OF November S46 The date OF Salas's
decree ecos the existence OF thus grant and the va
lidy oi It's assignment TO the American claimants.
shall examine with great Difference the evidence which
they give OF this recognition The committee rest their
assumplion FIRST upon the fact that ia 1916 and lsi7,
The ASSIGNMENT OF the grant TO Manning Mackinlosh
was duly nolhed to the government OF Mexico, and on
Their complaint President Herrera issued orders 10 The
governors OF Oaxaca and Vera Cruz 10 prevent the cut
ling OF mahogany the granted lands by any others
than those acting under their authority. reloin The
notice gwen by Manning Macintosh 10 the govern
ment OF Mexico, and relied upon by the Committee
fotegn Relations, is no, produced. II IS not here NO
assignment has been produced except that made the
26h OF July, 647, which assignment by Garay TO
The British proprietors, ManBng Macintosh aad Sny
der y Cos and which notice was gwen 10 The Mexican
government alter ihe decree OF Salas, and assign
ment expressly limited to the lands ceded by the grant OF
Santa Anna and excluded the privilege of opening the
s'hmus OF Tehuanlepec. reloin, secondly: The as
sgnmen was made under the conditions annexed TO the
grant o Saas and the assgnees took the benefit OF the
acceptance of the notice with express acknowledgment
thai The right to open the sthmus OF Tehuantepec re-
NAMED in Gaay and had not been a, all ceded to The
sgnees and, consequently, whoever held II alter that
period held 4 subject to the condition prescribed in the
decree OF Salaslhat foreigners taking the benefit OF the
assignment should be denaonalized.
But what was the effect of these orders OF Herrera.
the President OF Mexico, 10 the governors OF Oaxaca
and Vera CRUZ They orders to prevent depreda
those who claimed TO have obtained them under the grant
cedng the lands TO Garay but it appears that the gov
eminent oil Mexico al that time understood that those
claimants did not claim the right to open the isthmus,
and only asked protection for the enjoy ymen OF their lands
That protection and enjoyment oil Their lands has never
been denied by Mexico. But even if this not
elusive. there is another point Ii the President OF Mex
leo could not make such grant, he had no power to
make an admission the effect of which would be to esab
ish the grant. II the President Of the United States
should admit lha, half the State Of Name any part
of it, belonged 10 Great Britain, that admission would
not affect the boundary line Of Maine in the least
The committee rest their assumption, secondly, upon
the fact that
.'In Isl7 whilst the treaty peace was under negoa-
on Mr. Trist, the commissioner the part of theUni.
ted States by instruction from his government, proposed
a Mexico inr right OF
across the isthmus of rehuanepec. and was answered
that Mexico could treat this subject, because she
had several years before MADE grant 70 one OIL her ow
citizens who had ransfsred his ghi by authorization OF
he Mexican government, 10 English subjects, oil whose
rights Mexico could not dispose "
On this point the Mexican government explains that
the grant 10 which their commissioner alluded in making
this reply the grant OF Gaay, and the assignment TO
Manning, Macintosh Snyder, OF which the Mexican
government then had notice. which assignment. as ]
have before shown, was an assignment of the lands
cedsd nth The right and not OF the right TO open the 18th
mus OF Iebuaniepec which last mentioned right, accord
ing the notice which had been served upon ihem
pressy remained in Garay This is sufficient answer
until The committee can show that the Mexican govern
men knew that some other assignment had before that
time been made conveying the privilege and that notice
of that assignment had been received by the Mexican
government But suppose the Mexican commissioner
did make a statement which was uniAentonay, or even
Intentionally in point of fact would that state
ment diyest Mexico OF her right? The law OF esoppel
which prevails between individuals in conducting their
own affairs has never been and never can be- applied 10
the intercourse between nations who are passive, and
whose communications with each other are always car
ried on by agents possessing such measure OF capacity
and OF virtue as they may happen 10 obtain.
The committee rest their assumption thirdly, upon the
facts stated by them, that
"Aer the assignment, Of the grant TO the present Amer
ican holders The minister OF the United States ia Mexico
instructed by his government TO apprze that oil Mex
leo OF the desire OF his company 10 commence their work
by thorough survey Of the isthnus and the mister
further nsu ucted TO make overtures for treaty securing
to the enterprise the Joint protection OF the two govern
spondence OF Mr. Letcher with the Mexican Minister
Of Foreign Relations made not ihe slightest opposition In
ardng passports and issued orders departments
of oexsca and Vera Cruz not only avoid intsrposn
obstacles IN their way bat on the contrary 70 afford
adds, were accordingly sent The pors thrown open for
their supplies and than $1,000 have been exPend.
surveys, opening roads, &e, besides large Of
money in furnishing materials, &c.
! VIII the Senate look into these papersl They will
find that although we have the letter OF John M Clay
ton. Secretary of State OF the date OF February 90 1850.
to Mr. Ie'cher, our minister IN Mexico, informing bm
that Mr. Hargous had notified the department t1a he
the representative OF the claim in this country and
had employed engineers whom be wished 10 send TO
Mexico for the purpose OF making surveys, and request
ing air Clayton give such instructions, yet have
not the leer written by Mr.. Lelcher 10 the Mexican
government asking for the passports and instructions
nicaiion was made. and upon what communication BY
Mr. Lelcher 10 the Mexican government 1t that the
passports and the orders 10 the governors OF Oaxsca and
Vera Cruz were gwen Without this knowledge, unless
the passports which obtained and the orders which
were issued recognised the validity OF the grant the
ransaction implied recognition OF right ] will
not tfespass upon the Senate by reading these Spanish
passports They like all other passports mere printed
circular letters Of protection given by Mexican consul at
New Orleans to foreigners travelling into Mexico They
are such as any Ameucan citizen whether engineer or
any other belonging to New Orleans or TO New York
obtains from hs own government whenever he sees ht
10 90 abroad.
Here is the letter Of the Mexican Minister OF Foreign
Affairs Mr. Leiohcr, which accompanied copy OF the
orders issued 10 the governors:
MINISTRY or Fonues AFFAIRS,
Mexico, April 5, 1850.
ESTEEMED SIR have the honor enclose TO you a COPY
OF order OF this day. directed TO his exceency the gov
OF Oaxaca, for the object which IL expresses
copy OF the same viii be sent 70 the mmandantgenetal
OF the said State.
hasten 20 give information Of the same repeating my
cell your attentive servant, who kisses your hand
J. NJ LACUNZA.
His Exeellency X p LrroHER, DC, &c.
And here are the order. themselves;
Mr.. Laep.sa 10 the Governor Of oaraca,
MaTCo, April 5. 1850.
Mosr rxoELIENr Several American engineers hsv.
bty Of opening the unication between the
by ~sy OF the ishmps OF Tehuantepec and desirons
his enceency the President during their travels in
State, that they should