The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-02
THIRTY-SECOND CONGRESS-.
SECOND SESSION.
Senate.

! Senate.
| WASHINGTON, Feb. 1, 1868.
THE COAL Used NAVY.
The Chair communicated the report OF the Secretary
tho Navy with statement Of the kinds and qualities
coal used in the navy. Referred.
PETITIONS NEW YORK AND I1sEwHERg
Mr.. SEWARD, Gree soD fN Y, pre- ented the resolu
tons of the Legislature of New York. relating to the i'm
prisonment, In Tuscany of Francisco and Rosa Madia
for the offence Of reading the Bible Read and referred
to the Committee on Foreign Relations.
Also, petitions in favor Of freedom of conscience 70
Americans abroad.
Also, petitions Of Kelly and others steamboat owners OF
New York asking suspension Of the steamboat law OF
last session for the period of nine months.
Of John Loherty of Pennsy lvana proposing the con
strucon OF railroad to the Pacific to construct which
late as currency and TO be ultimately redeemed by the
profits OF the road when completed.
Ao, Ieton from Ohio praying a repeal of the Fugi
tive Slave law. Laid on the table
lie gave notice of bill approprating $500 to carry
into execution the act of the Continental Congress
York.
O,her petitions were presented
The bill amending the warehouse system postponed,
IN consequence OF the absence OF MIR. Davis.
Relief AND PESsIoN BILLS PASSED
MI RusK (dem2 Of Texas reported joint resolution
tors which taken up and passed
Tho bill granting pension to Moses Omstead was
widow OF Col Craig, who killed in California last
July, and passed.
PROPOSED ERECTION ORA MONUMENT TO GEN nERKrMEn
Mr.. SEWARD, Gree soD of N. Y. introduced Joint re-
solution appropratng 5000 10 be expended by the gov.
ernmen Of the State Of New York in erecting monu-
ment 10 Gen HeTkmer. Referred to the Committee on
Military Affairs.
THE LIMITATION OF INDICTMENTS FOR OFFENCES.
Mr. UNDERWOOD, (whg) of KY, introduced bill to
peal tho 32d section OF tho Judiciary Act which pre-
scribes limitation Of three years within which indct
ments for capital offences other than murder and for
gerry, shall be found by grand jury and limitation Of
two years within which indictments for offences not
capital are TO be found and prosecuted He said that
many offences against the government escaped punish
ment owing to these limitations and he desired the sub
ject to bo investigated. Referred.
Mr. Miller, (whig) ofN j. submitted resolution d.
reciing the preparation of list of the deaf in the
United States, and that Ave hundred copies thereof be
institution Of the Deafand Dumb in the United States
RELIEF BIiS-GEN. RILEY, ETC.
bill for the relief OF the heirs of D. Bernard Todd
The House bill for the relief of General Bennett Riley
Mr.. GwS, @em.) of Cal, moved a reference TO the
Committee Finance with view Of amending it by
sertng provision for the payment to California Of all
The bill was then ordered to be read third time
MIR. GwIS objected to third reading to day, and it
laid
THE PACIFIC RAILROAD BILL
Was then taken up, when Mr. RUsK (dem.) Of Texas,
moved to substitute for the pending bill the one reported
amend that by substituting for it the reported by hin,
last Thursday
tute for all the bills the subject his bill providing for
survey and reconnaissance OF the country between the
Missouri river and San Francisco.
The subject was then postponed
THE RIGHT OF WAY ACROSS TIE NrIIMus OF TEHrASTRpRc
The resolutions reported at the last session by the Com
mittee Foreign Relations relative to the Garay Grant
were taken up.
Mr.. Mason (dem.) Of Va, recsptuated the facts set
forth in the report OF the committee the oh August
last of which the annexed il a copy -
The Committee on Foreign Relations, to whom has been
referred the message Of the President of the United
States of the 9th Of July 1852, communicating the
correspondence between the Of the United
States and the Republic Of Mexico respecting the right
of way across the Isthmus of Tehuantepec have had
the same under consideration and after giving to the
subject all the deliberation which its Importance de-
nands, now respectfully rerort -
That the right OF opening communication by artif-
cial between the Atlantic and the Pacific the
conceded TO Don Jose de Garay, citizen of Mexico on
the ] Of March, 1872 by General Santa Anna then Pre-.
sident Of Mexico, vested with the supreme power" By
his decree OF mat date IN the name Of the supreme
government ''the honor and faith Of the nation re
pledged TO maintain the protector non Jose de Gay as
repre- enting him. either na es or foreigners, in the un
disturbed enjoyment of all tic concessions granted"
In the following year, General Nicholas Bravo having
succeeded TO the Presidency the grant thus made by
Santa Anna recognized and affirmed by his decree Of
the 9th of February, 1S43 pursuant to which orders
were issued by the Mexico to the depart
mens of oaaca and Vera Cruz, to put Garay in posses
sion Of the lands conceded to him BY the grant of 1872
the prosecution of the work These DEGREES
uted by those departments and Garay the grantee put
in actual possession cf the lands conceded
On tho 9th October 1918, Santa Anna being restored
to power ssueda further decree rec;tng that the
veys by Garay being completed and the work about to
commence he ordered the Governors of the departments
of Oaxaca and Vera Cruz to furnish three hundred
victs, TO be employed the work and by another de-
cree of the 2Slh December 1913 the time for its com
mencement, which was to expire the 1st July 1914
was extended to the 1st July. 1916.
Tie government of Mexico during this period sub
n Ia ANN lriyr frnu,
power in the winter OF 1874 succeeded for shoi
time by Gen Paredes, whc in turn, yielded to Mariana
In the distracted and unsettled condition Of the coun
try, resulting from constant revolution the grantee of
the Tchuantepec way fore eeng that he would probably
be disabled from commencing operations early as July
1S45 procured the passage OF law by the Mexican
Der Of Deputies. granting further time 10 commence the
work. In the ScDetc. this bin had a favorable report
fom the appropriate committee and it is not doubted
would have received the sanction Of the Senate when by
sudden and violent popular convaon the entire Con-
l, November 1896 salas being still invested with s,.
preme power dictator, promulgated decree, which
copy Of the law thus accidentally frustrated giving
time until the 9th of November, iSls for the
ment Of the work. and the work actually commenced
so much for the history of this grant whilst in the
hands of tic original grantee, citizen of Mexico.
During the years Is4G-l7, various contracts
tered into between Don joe de Garay the grantee and
Messr Manning and Mcintosh, subjects of Great Britain
which were formally recognized and consunmateda at the
city Of Mexico on the 2Sth September 1Si8 and by
which the grant aforesaid with all its privileges and
cidcnts, transferred 10 the latter.
On Tic Sth of February, 1S9 this grant assigned
TO Peter A. Harqous citizen of the United States who
subsequently entered into contract to assign and
fer the to certain citizens Of New Orleans terms
intended to secure the necessary capital to execute the
work These transfers form part OF the documents COM
muncated.
In december, 1850, party OF engineers with compc
tent equipment was sent out from the United States
great expense by the American assignccs to complete
the necessary surveys on tho sihmus who continued
employed until the month OF June following when they
required to discontinue the work and to leave the
country. This effected through letter from the Go
vernon Of Tehuanenec dated June g. 1851 transmitting
from the Governor OF Oaxaca order from the Minister
OF Relations in Mexico issued in pursuance of n law mp.
proved by the President of the Mexican Republic on the
| 22d May 1851, by which law the grant TO Garay was
| made null and void
The committee have thus briefly traced this grant
from its inception to its regular and legitimate transc,
10 It's present holders all Of whom Is believed c
| zons OF the United States.
viii be that by the terms OF the grant and the
decree Of 1872 which founded the honor and