The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-19


land surrounded all four sides by your land SO that
have no way to get 10 the highway except over your
land, have right TO go over IT. That is right OF way
OF necessity II you sell me piece OF land surrounded
on three sides by the land OF Strangers and the fourth
side by yours, have right OF way OF necessity over
your land, because you sold IL 10 But this night of
necessity does not extend rights OF convenience ior ii
buy piece OF land OF you, and get 10 ihe highway
over your land by going hail mile, and cannot get TO
y by my own land but BY gong around len miles that
does not give me right OF way Your land because
II Is twenty times convenient The right OF way
must DC one OF absolute necessity. II buy piece oil
land OF you may be vastly more convenient 10 80 over
your land than over my own but u own land oy WHICH
l can get 10 the highway have no IIgh! oil way Oh
necessity your land, and cannot take IL no mauef
how convenient 1t may De. ~
Let us apply that principle in this case; We bought
California of Mexico, and il is eonended by the sena
tor from Virginia that we have right OF way oil neces-
sity through Mexico 10 get 10 II Have we not the
highway of nations We have then right OF way over
the highway and that suersedes the right Of way Of
w have got a right oil way over our own land We own
all the land from here in straight line TO California. aud
for that reason we have no right OF way OF necessity
II these two not sufficient can give you
third We have by contract another right oil way over
Panama Here are three separate rights OF way that we
have and the idea that we have right OF way Of Deces
slty 49, with all difference TO the honorable SENATOR alb
surd. would not say II ii thought he had examined
1t; but. nasmuch know that he cannot have exam
ined H. must say that The position is absurd The com
mon law is, right OF way may arise from necessity
IN several respects p but viii moi read it. | was
about 10 read from kent's Commentaries but The
doctrine which have stated you is there laid down,
and IT not necessary 10 read 1.-THE right Of necessity,
OF absolute necessity, and not right OF convenience.
The same doctrine is also laid down by Vae in 'the
law OF naons But The right of way the night 10 pass
over the SOIL not TO subvert IT, not to Dig itup not to
make canals, TO make railroads; but it is simply 10
pass over The soil IN The easiest manner possible dong
from Virginia. who is able and astue lawyer, when
he comes 10 examine this matter will reconsider tina,
opinion OF his and that he will be prepared go
Il
our part, over the islhmus OF Tehuan,epec.
The honorable senator from Louisiana. Mr. DowNs,l
in his remarks this subject made suggestion which
was very sorry to hear and that was that should go
and take possession OF the sthmus by force Sir,
think we are gong back to me ages OF barbarsm when
the law OF force is to be substituted for The tribunal OF
reason and argument We too late in this age OF
the world throw away the aids OF diplomacy and reason
and argument the law OF force and trust
we shall not do it This argument of force has been
threatened 10 Mexico again aud again and what has
Mexico said toit have not the extract by me. but
have II in my memory Mexico, when force was threat
ened her answered, substantially Your government is
strong ours is weak you can take what OF our soil you
please, but we cannot 20 further than we have"
Sir in that very declaration Mexico is stronger than
you with your armies that very declaration she
has fortified herself ina position too impregnable TO be
assaulted by your artillery. Why, sir Because she
has appealed to feeling in the human heart which
will not disregard and will forget, and that is, TO
our magnanimy-to our sense OF jusce-to the regard
with which the strong should consider the weak.
She has placed her argument before she has demon
sated say the least 10 her satisfaction the in
when you reply this appeal that you are going take
forcbe possession of her territory what is her answer
You are strong, we are weak lake what you VIII, we
can go no further' Sir this country will learn in such
contest that that there forces formidable
than armies. and such force is the enlightened public
opinion OF the civilized and Christian world. And that
public opinion which threw the egis of its protec-
ton around the wanderer kossuh in the Turkish realms,
and kept him safe from the gigantic power of Russia,
will shield and protect Mexico from any assaults which
have been threatened upon her by this administration
know, SIR, that have taken what will be called an
unpopular side OF this question; have taken tie
Mexican side. know that in the cant and popular
phrase of the day il will be said am against my coun
try. Sir, am for my country desire that her fair
fame may be preserved un,anshed desire that justice
may mark her progress. desire interests, attain
ments for her that inconsistent with the highest re-
CARDS that due TO the rights of our neighbours, and
particularly and emphaicaly weaker neighbors
Such believe TO be The position OF Mexico. She Is
strong in her weakness. She is strong IN the appeal
which she makes 10 our masnanniiy, 10 our Justice
stand here then, to-day SIR pleading not Tor Mexico but
for my own country and ask that you will not iaFnish
the fair fame OF the republic. ! ask that you will not,
by this wrong which you threatening perpelraie
upon nation which may be said literally to be helpless
at your feet, tarnsh the reputation which has yet
continued 10 be the pride and boast and the inheritance OF
all people No. sir; let the interests of The nation, OF
the age OF humanity, OF commerce. OF social intercourse
of Christianity and civilization, be taken out OF the
brokers board Sir we want somebody to come in as the
Saviour OF old went into the temple oil Jerusalem, aud
drove the money-chanRefs out OF the temple We
TO bring the deberation OF this question those
considerations which perinenty and appropriately belong
tent TO advocate these great interests and leave those
who may have made contracts with the Mexican govern
ment 10 the appropriate remedy under Mexican laws,
then, and till then. shall put ourselves night.
believe that 1t is our duty Is suggested IN one OF
the resolutions reported by the Committee on Foreign
Relations, "to review existing relations with Next
co.." and il is duty 10 discard entirely the Garsy
grant II is duty throw II aside. As well sug-
gested the other day, changing the venue The
properly iriabe in Mexico. il has been tired
there and The gran, has been condemned there 1t
tried abandoned and condemned, before any citizen OF
the United States had anything do with it, protest,
then, that shall not be brought secondrae law
yes, to take up and advocate dishonored obligation,
and have negotiations reduced 10 that low standard
II we going 10 be practising attorneys Tor Mr. Har-
gous to prosecute his claim lei bin bring claim that
IL dishooored upon its face Sir, it - insult 10 US
when he and asks the United States TO lend their
diplomacy enforce his claim and presents us claim
which dishonored IFS face which il defunct.
which has expired We not the first attorneys that
have been applied to- The claim first transferred TO
Great Britain and she refused to touch IT, Sir months
II remained in that situation, and then IN July, 1sd9, an
appeal made 10 the American government. This
government commenced liz negotiations with the Mex.
lean government, as disclosed in the document which
have before me- and they begin continue, and end with
the Garay grant.
Sir, will not intimate, because do not believe and
have opinion the subject, that there any
undue influences brought 10 bear upon anybody any
time in reference TO this grant but will say that think
there force in the suggestion which General Arista
made 10 Mr. Fillmore, in his answer, when he told him
that there somelhing little mysterious about 1T.
leave the thing there.
have thus sir, in, know, a very imperfect manner,
Lard before the Senate the facts which have collected m