The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-07-08

rshuantepec Right Of way.

isthmus OF Iehuantepec, Ia the republic OF Mexco and
efforts We're made 10 use grant made 10 Garay as the
OF edecling this object The government OF Mex
leo considered that grant forfeited but il has recently
made contract with A. q. Sloo Co. to construct
plank aud railroad The sthmus. and proposes TO
this governmentto into treaty pro,ec, the con
sruclion and OF this great public highway.
Efforts have been made re,ard this work by nerposng
the lapsed debated grant of Gaay regard the Gaay
grant judicial question: and not fit for executive or
Legislative nierpositon by this government; and, in
der that the question oay be considered aud understood
have collected and afUipged OF the leading facts
of the case, and authorities oil law which may aid
in Calculating the subject.
On The st OF March, 1912. by decree Of the Mexican
government there granted Garay, Mexican ciii
certain privileges for constructing road across the
,shmus OF 1ehuanepee. with certain conditions; which
grant was subsequently assigned to Manning u Mcln-
tosh Engishmen, and By them assigned TO American cit
izeHs.
Ga the 5lh of November, 1916, Gen. Saas (who was
elevated 10 The head OF the provisional military govern
ment which was organized AT the lime when Santa Anna
called 10 place himself at the head oil aaiis) extend
ed The privileges OF the Gaay grant
GA the 22d of May, 1851 the national Congress OF
Mexico, with the sanction OF the Executive, declared the
decree of Gen Salas of The 9Th OF November 1885, nul
and void, nasmuch the provisional government OF
that period had no power 10 issue the same.
In the time Garay had been informed on the Sth
OF April lsio, that 'nasnuch as The period Tor which
the privilege had been extended had expired without
compliance with the terms stipulated therein the grant
itself had ceased 10 exist.
Filimore's administration an effort had been made 10
bring about convention treaty between the govern
men Of The United States and that of Mexico in which
u should be stipulated thai any grants which had been
should be made regard TO the Tehuantepec road should
be faithfully guaranteed, and proper facilities afforded.
These efforts without success the United States
insisting that American citizens had embarked in the
enterprise the faith OF the Mexican grant and DEGREES,
which could therefore not be annned, and the Mexican
government asserting the power either OF the legislative
the judicial tribunals declare the grant void, and
that j, was entirely q matter Of Mexican law.
Hwili stnks any ore who reads The correspondence
between The TWO governments, that whilst the American
dlomas's endeavoring, by every species argu-
Inen show that The grant of Garay already with
in the scope OF public International law, and cOnse-
queny could be insisted upon by the principles OF tina,
law, the United States all the while seeking
recognition Of mis- same grant by treaty for the very p
pose of MAKING il q matter OF public law.
BY a reference to Schmldrs Civil Law OF Spain and
Mexico preliminary ulle and the authorities cited in the
note, it will be seen that by the Mexican constitution
general Congress has the power OF making htsIreng.
and otrog Ging laws and that the only difference between
laws aud DEGREES is tia, The former general, but the
latter applicable deiefnnae ilme place, person,
corporation. And whether not the power of the
Mexican Congress extends laws and DEGREES which
are in the Of coptracs is question of Mexican
law, and for the Mexican authorizes TO determine In
the United States the State legislatures cannot impair
the onlgalo Of contracts simply because by The federal
constitution it is prohibited. Whether not the Con-
gree. the United States may pass such law ques-
yet be determined, but which, when determined,
will be upon principles OF American law, and no, by the
law OF nations II, them by the Mexican law, as inter-
preted by her Congress Inica tribunals grant could
be Gas in countries under Spanish dominion il could beg
annued The could only such redress be sought for as
Mexico herself should hold The object of treaty
would be 10 bring within The scope Of public law, and
make il ia which The public faith OF nation
having been pledged 10 another violation OF that pledge
would be punished under the law OF nations. Nor could
il make any dhtreace whether Tie grant should remain
in the hands of the Mexican grenlee, PASS into the
possession OF ofegneIs, bis assgnees. Each assignee
would take II eUm ontret The mere assignment OF the
grant could not aile tie law OF It's exs,cnce and il has
always held that when citizens of one country deal
w cit d 10 be
determined tege toe, that is no. matter for national
int ference, hougn the law should be annulled.
The Gafay grant, therefore, having never been guaan
tied by treaty- having seen revoked by the acknowl
edged authorities Tor doingwss no longer impedi-
msnt in the way Of any future grant which Mexico
might see fit 10 make.
Accordingly, on the 9Th OF February, 1853, the Mexi.
government deceed That The proposals OF A. G. Sloo
should accepted with certain notifications in pursu-
of which contract entered into by Arroyo,
The acting Minister of Home and Foreign Affairs, the
part OF Mexico, add Ramon Oarte Manuel Payne, and
jose Joaquin Petalo who represented all the Mexican
interests aud companies Of every kind who bad any
cern IN the Tehuaneprc road, VIZ what was called the
Mixed Company. The Companies of Oajaca. and Fiipe
Garcia and associates, aud also the agents of the States
OF CbIapss, Tabasco, AID OaIaca.
Tine contract has been published. IL is, then, con-
tract part OF the supreme government OF Mexico
on the one pam and A. G Sloo who represents The for
eign interests, and Manuel Payne, Ramon 0lare, and
Jose Joaquin Pesado, who Represent the Mexican in
erests, with lhe concurrence of Osacs, Tabasco, Chi
apas and ia concert viii the company called OaIaca
and Felipe Garcia and associates.
fofeisn Mexican Interests constitute together
the mixed company. TINS mixed company il formed by
constituting certain persons the representatives OF the
two classes II interests which Ina, mixed
company For instance. A. g. SIoo is made by the char
ter Or contract the representative OF the foreign portion
OF the mixed company, aud Ramon Oartc Manuel Payn
and Jose joaquin Pesado The OF the Mex
lean portion OF The compauy-ihey being thereby emJow
cred 90 and form Their respective companies under
the and 10 do all necessary Tor that end
The full power and authority both of Mr.. Sloo the
hand, and of 0iarle Payne, and Pesado, are ex-
pressed in The contract ilsell. $3.50.
The decree and contract made by Ceballos, who
was President of Mexico by double li,le-hrs as the
President OF the Supreme Cour of Justice, (see Art o.
of the constitution OF Mexico y and also in accordance
with the Goth article I'll the same, he ionaly
elected Pres,dcui ad interim TACT OF Reorm) The de
cree OF Cehaos was pursuance OF the enactment OF the
Congress, dated January IL 1882 and also in pur
suance OF the" couvocsoria, ISSUED the goth July
1852, as well as OF the decree Of lath May, 1854
The Slales OF Chiapas, Tsbasco, and Oajaca by pub.
lished deerees authorized their sgenis Join in the
mixed company, and also The companies named Oajaca
and Felipe Garcia and associates In view OF all these
facs (Which reciied IN the contract the supreme gov
OF Mexico makes the contract appended to The
decree OF February s. 1853 with A. G. Soo, The part
OF the foreign, and Ramon Oiarte, Manuel Payne and
jose Joaquin Pesao, The part OF the Mexican conpa
MES OIafe. and Pesado have BY OF aor
ney irrevocsbly made A. g. Soo the representative Of the
entire MIXED company.
Now. il The decree containing the grant TO Garay was
conditional ii the conditions contained In II were not
performed within The stipulated time, Gas The first cond'
on IN the decree OF 1919 Is admitted not TO have been
u, consequently IN 15aG the grant bad ceased by its own
terms, and Saisa bad power To make or revae
an extingnished grant and IL, moreover, there
treaty gnsIany'ng the performance Of The contract and