The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-02

jects, of whose rights Mexico could not dIspos."
ms1c. 'he q the grant 70 the present
Mexico instructed by his 10 apprze that
Of Mexico Of the desire Of this company
the minister further instructed to make overtures
Tor treaty securing to the enterprise the joint protec
from the correspondence Of Mr. fletcher with
the Mexican Minister of Foreign Relations made not
TO Gs snd 1s
truz, not only to avoid nterposng any obstacles in
but on e ise to MIC sor shsr ss AID a and
were accordingly sent and the ports thrown open for
their supplies, and more than sloo 600 have been ex
pended in surveys opening roads &c. besides large
sum of money in furnishing materials, &c
This Is not all the government Of Mexico at
sened TO enter into negotiations for the proposed treaty.
and convention for tho joint protection Of the work
thus to be executed by American citizens assgnees of
the Garay grant concluded Mexico june 1850
and sent to the United States To this convention GER
tam notifications being suggested by the Secretary of
Mexico, and the whole terminated by new convention
signed Of Mexico the 25th Of January 1861 with the
rati6ed by the Senate Of the United States and returned
to Mexico and finally rejected by the Mexican Congress-
IT should be remarked that by the twelfth article of
this convention it was required that the holder of the
Garay grant lhen being Mr. Hargous American citi
zen should lle with the Mexican Minister at Washing
ton his written assent to the enon beoreit should
be submitted to the Senate of the United States for ra
s through OF state but the
Mexican Minister declined to recognize it, the ground
OF absence OIL INSTRUCTIONS from his government
Previously however TO the rejection Of this convention
by the Mexican Congress the law passed. before
ysrled TO- annung the decree of salas Of November,
The rejection by Mexico Of the convention concluded
with the appreciation Of President Herrera and subse-
quently ratified by the President the United States
however calculated to disturb the harmony of the rea
tons between this government and Mexico had not the
slightest effect upon the validity of he Garay gran-nor
is pretended On the contrary the sole ground upon
(which esco rests for the vacation Of this grant is that
he deere Of Sal nf
yember 1886 which cured the alleged forfeiture null
because he was in possession of supreme by
IatioE, or because he transcribed the powers of a
usurper And this strange position is assumed by Mexico
in the face of tho subsequent ecogntions of its existence
ana validity which are hereinbefoe recited Respect for
that government alone restrains the committee from
speaking OF this position in terms would require
with supreme 1t acknowledged and submitted
to by the people OF Mexico and treated WITH while it
the p Of eG 1Ss having accom-
ton for members Of Congress held by his which
met pursuant thereto TO that Congress the dictator
interim, and with them this very decree Of November
1Si6
Amongst the decrees thus issued during the
OF Saas several Of the character general laws
one OF which di affirmed BY Congress- nor was his au
thory ever questioned the law making power for the
time being until found convenient so for the pur
pose OF Hing this grant after 1t became the property
| OF the citizens OF the United States.
The doctrine that the government de uo is the govern
ment res ponsible has been fully recognized by Mexico her
se in the case Of the Dictatorship Saa of those
who preceded him 1t is principle of universal law GO
yernng the inter Of nations with each otker and
with individuals and This government cannot and ought
not TO, treat with indifference departure from it by
1 Mexico in the present instance
There is remaining view Of this question which the
committee are not at liberty to Disregard and that is
the embarrassment into which the relations of the two
governments L thrown by the conduct Of Mexico in the
REGULATIONS which have taken place in reference to this
grant.
Two formal conventions, having for their basis this
grant OF right Of way, the value and importance Of
which to the people and government Of the United States
was fully exposed TO Mexico the inducement on our
part to negotiate actually signed at the city Of
Mexico by ministers duly empowered by their respective
governments, the last Of which formally ratified By the
Senate has been rejected by the Mexican Congress.
The committee aware thai refusal by govern
ment to enter into treaty spuatons with another upon
prescribed subject should not of course be consid
which terminated in the second convention spoken Of
a aS s s fs a
the interests Of the and the citizens Of the
United States we're deeply invoked in obtaining the right
of way proIosed-and finally that it has been refused
at last by the dscourcsy of rejecting treaty preferred
by the United States, and by the violent sacri.
Tie United States, for The preservation of which the
'honor and filh of Mexico formally pledged the
thor2ng IL not requiring this government to review all
Of rs existing relations with the government of Mexico
little assurance Of that friendly feeling on the part Of that
republic which leads nations to connect themselves by
treaty obligations or which makes it desirable to continue
| such as have been previously contracted.
In the correspondence submitted with the message of
the President the committee have seen with entire ap
probation that the Executive department has been fully
impressed with the Importance OF the questions involved
in this controversy and of the attitude they may
assume should Mexico perscvore in her refusal Of the
dress which is required at her hands.
IN letter from the Secretary of State to Senior Luis de
Ia Rosa the Mexican minister at Washington dated April
~ Fob after an able and comprehensive review OF the
whole question the Secretary, referring the probable
rejection Of the treaty by Mexico (Which letter of the
Mexcah iea nun to anc'pate) concludes in the
''1he President of the United States cannot persuade
him elf that such calamity its rejection by Mexico
| new impends over the two countries .
again in letter to Mr. La Vega, the Senior
la Rosa Of the 18th March, 1862 the Secretary of State
Gays -
'I, however, these hopes should prove be unfound
ed, and the convention should not go into effect this go
yernnent viii feel itself compelled to take into consdera
ton the measures which its duty to its citizens may
require Il TO adopt to protect their rights under voun
taIy grant made by Mexico Of the transit way the
lshmus The government of the United States eau in
event be expected to abandon those rights aud arenty
hores that the Mexican government will do justice to
Ard finally, in view Of the great importance of the oc
CASTOR and to avert possible consequences Of the mag
remains unsettled none can be blind the President Of the
United states addressed himself directly to the dcnt
Of Mexico by letter of the 10th Of March, 1882 from
! which the committee quote us follows
in addition TO the motives have urged for the speedy
adjustment Of this matter beg leave most earnestly to
call The attention Of your excecncy the probable diff
cules that may grow up between the nations should
Mexico break her pighod faith in the grant To Garay.
Our citizens relying upon her good faith have become
interested in that grant, they Lave advanced large
OF money for the purpose Of carrying Objects they
have suryeyed route for railroad, and demonstrated
the Tracticahy Of constructing and il il not possible
| that they should now be deprived OF the privileges
guaranteed by that grant and sustain the heavy losses
that must ensue, without appealing to their govern
ment for the enforcement Of their rights Ny anxious
desire IL to avoid the too probable consequences that
must result from such an appeal. We cannot, If VIC
would be indifferent TO IT, 1t Is duty which every gov
eTnment owes to its citizens to protect their rights
a homo and abroad and the consequences growing out
OF The disagreement OF tho popreors OF the Garay grant
and the government Of Mexico arc such AZ no true friend
Of this country or Of Mexico look upon with in.
difference
The committee arc fully prepared to sustain the Ike.
cutye department in the position assumed towards Mcx
CO. IN the correspondence here referred to- and conclude
BY recommending TO the Senate the adoption Of the fol
lowing resolutions
Resolved As the judgment OF the Senate uat In the
present posture of the question the grant OF right Of
way through the territory Of Mexico at the Isthus Of
nj h,-A hat