The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-01-31
Tehaantepeo.

In the Senate of the United states, on the 50th o
August, 1852, Mr.. MASON made the following re-
port:
The Committee on Foreign Relations, to whom
has been referred the message of ths President
of the United States of the 9th July. 1852, com.
municating the correspondence between the
Government of the United States and the Re-
public of Mexico, respecting the right of way
across the lsthmus of Tehuantepec, have had the
same under consideration, and, after giving to
the subject all the elaboration which its import
ance demands, now respectfully report:
That the right of opening communication, by
artificial way, between the Atlantic and the Pa
cfc, across the territory of Mexico at the Isthmus
OF Tehuantepec, was conceded to Don Jose de Ca
ray, citizen of Mexico, on the LIST of March, 1872
by General Santa Anna, then President of Mexico,
vested with the sssupreme power" BY his decree
of that date in the name of the .ssupreme govern.
ment," "the honor and faith of the nation are
Garay, as well as any private individual or com.
pany succeeding or representing him, either ma
tives or foreigners, in the undisturbed endowment
of all the concessions granted"
In the following year, General Nicholas Bravo
having succeeded to the Presidency, the grant TINS
made by Santa Anna was recognised and affirmed
by his decree of the 9th of February lS43: pursu-
ant to which, orders were issued by the govern
ment oil Mexico to the departments of Oaxaca and
Vera Cruz to put Garay in possession of the lands
conceded to him by the grant of 1912, and direct
ing that every facility should be extended for the
prosecution OF the work. These DEGREES were
.
grantee, put in actual possession of the lands
coded.
On the 9th October, ls43, Santa Anna, being re-
stored to power, issued further decree, reciting
that the surveys by Garay being completed, and
the work about to commence, he ordered the gov
errors of the departments of Oaxaca and Vera
Cruz to furnish three hundred convicts to be EN-
ployed on the work; and by another decree, of the
2oth December, lS43, the time for it's commence
ment, which was to expire on the let July, 1874
was extended tothe LIST July, 1916
The government of Mexico during this period
was subject to frequent revolutions. Santa Anna,
driven from power in the winter of 1874, was sue
ceeded for short time by General Paredes who,
in turn, yielded to Mariana de Salas, as dictator
In the distracted and unsettled condition of the
country, resulting from constant revolution, the
grantee of the Tehuantepec way, foreseeing that
he would probably be disabled from commencing
operations so early as July, 1845, procured the
passage OF law by the Mexican Chamber of De-
puties granting further time to commence the
work. In the Senate this bill had favorable re-
port from the appropriate committee and, it is not
doubted, would have received the sanction of the
Senate, when, by sudden and violent popular
CONFUSION, the entire Congress dispersed.
In November, 1916, Salas, being still invested
with supreme power as dictator, promulgated
decree, which was copy of the law thus acct
dentally frustrated, giving time until the 5th of
November, 1848, for the commencement of the
work, and the work was actually commenced
prior to that date.
So much for the history of this grant whilst in
the hands of the original grantee, citizen of
Mexico.
During the years lS46-47 various contracts
were entered into between Don Jose de Garay, the
grantee, and Messrs. Manning and Mcintosh, sub
Jects OF Great Britain, which were formally recog
nlsed and consammated at the city of Mexico, on
the 18th September, lS4S, and by which the grant
aforesaid with all its privileges and Incidents was
transferred TO the latter.
On the 9TH of February, lS49, this grant was
assigned to Peter A Hargous, citizen Of the Uni
ted States, who subsequently, entered into con-
tract to assign and transfer the same to certain
citizens of New Orleans, on terms intended to Sc
cure the necessary capital to execute the work.
These transfers form part of the documents com
municated.
In December, 1850, party of engineers, with
competent equipment, was sent out from the uni
ted States, at great expense, by the American as
signees, to complete the necessary surveys on the
Isthmus, who continued SO employed until the
month of June following, when they were re.
quired to discontinue the work and to leave the
country. This was effected through letter from
the Governor of Tehuantepec, dated June 3, 1851,
transmitting from the Governor of Oaxaca an or
der, from the Minister of Relations in Mexico, is
sued in pursuance of law approved by the Presi-
dent 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 it's inception to its regular and legti
mate transfer to its present holders all of whom it
Is believed, are citizens of the United States
1t will be seen that, by the terms of the grant,
ana the decree OF 1877, on which 1t was founded,
the sshonor and faith" of Mexico were pledged to
maintain the grantee, ssas well any private in
dividual or company, succeeding or representing
him, either natiues foreigners, in the undisturbed
enjoyment of the concessions granted
1t will be seen that the period for commencing
the work was extended, from time to time, by the
Mexican government, until it expired, on the let
Of July, lS45, under the circumstances detailed
above. And it will be seen that as soon as the
government became once more established this
~ he IF SAILS of
November, 1916, giving two years. further time,
until the 9Th November, lS4S, to commence the
work, and that the work was actually commenced
within this period.
The committee will now proceed to show that
the Mexican government has, subsequently to this
decree OF November, 1916, recognised, in the most
unequivocal manner, the binding validity Of this
grant, and admitted its obligation to abide by it.
In 1857 the assignment of the grant to Man
ming & Mcintosh was duly notified to the govern
ment of Mexico, and, their mplaint, President
Herrera issued orders to the governors of Oaxaca
and Vera Cruz to prevent the cutting of mahogany,
on the lands granted, by any other than the Eng
lish company.
In l547 whilst the treaty of peace was under
negotiation, Mr.. Trist the commissioner the
part OF the United States, by instruction from his
Government, proposed large money consdera-
ton TO Mexico for right of way across the Isthmus
OF Tehuantepec, and was answered "that Mexico
could not treat on this subject, because she had,
several years before, made grant to one of her
own citizens, who had transferred his right, by
authorization of the Mexican government to Eng.
iish subjects, of whose rights Mexico could not
dispose"
Alter the assignment of the grant to the present
American holders the Minister of the United States
in Mexico was instructed by his Government to
apprize that of Mexico the desire of this company
to commence their work by thorough survey of
the lsthmus and the minister further instruct
ed to make oyertures for treaty securing to the
enterprise the joint protection of the two govern
ments. The Mexican government, as we learn
from the correspondence of MIR. Letcher with the
Mexican Minister of Foreign Relations, ssmade
not the slightest opposition in forwarding pass
ports, and issued orders to the departments of
Oaxaca and Vera Cruz, not only to avoid inter-
posing any obstacles in their way, but, on the
contrary, TO afford them aid and hospitality p
1.-THE engineers" Mr.. Letcher adds, "were ac-
cordingly sent, the ports thrown open for their
supplies, and more than 100000 have been ex-
pended IN surveys opening roads, &C., besides
large sum OF money in furnishing materi
als,'' &c.
This is not all; the government of Mexico at
once assented TO enter into negotiations for the pro-
posed treaty; and convention for the joint pro-
lection of the work thus to be executed by Ameri
can citizens, ASST gnees of the Garay grant, was
concluded at Mexico, in June, 1850, and sent to
the United States 70 this convention certain
notifications being suggested by the Secretary Of
state, w ashlpptOn. w tn in.