The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-02-24

our Minister in Mexico, informing him that
Mr.. Hargous had notified the Department
that no was the representative of the claim in
this country and had employed engineers,
whom he wished to send to Mexico for the
purpose of making surveys and requesting
Mr.. Clayton to give such instructions, yet we
have not the letter written by Mr. Letcher to
the Mexican Government, asking for the pass
ports and instructions and so we have no evil
dence whatever of what communication was
made, and upon what communication by MIR.
Letcher to the Mexican Government it was
that the passports and the orders to the Gov
crnors of Oaxaca and Vera Cruz were given.
Without this knowledge, unless the passports
which were obtained, and the orders which
were issued, recognised the validity OF the
grant the transaction implied no recognition
Of right. | will not trespass upon the Sen
ate by reading these Spanish passports. They
are like all other passports, mere printed CIR
cular letters Of protection, given by Il Mexican
consul at New Orleans 10 foreigners travelling
into Mexico. They are such rs any American
citizen, whether engineer or any other, belong
ing to New Orleans or to New York, obtains
from his own Government whenever he sees
tit to 60 abroad.
Here is the letter of the Mexican Minister
of Foreign Affairs to Mr.. Letcher, which ac-
companied copy of the orders issued to the
Governors:
MslsrsI or PoslGN AFFAIRS,
MEXICO APfa >, 1850
ESTEEMED SIN: have the honor 10 enclose to you copy
of the order Of this day, directed 10 his ENce"uey tho Coy
u Oaxa for the which it Expresses another
copy the will h to the commaniapt gener" Of
the said ) ate.
hasten 10 give information OF the same repeating
self your attentive servant. who EiSseS our hand
j. VI. LACUNIA.
His E1oellency X. LsrcuLR, &C, s."
And here are the orders themselves:
Mr. LacVnaa to N. Govenor If 0a1oea
MEXICO AprlI S. 1850.
Mosr EXCELLENT SIN several American engineers ha! ing
been appointed for III purpos" OF rXimuins the POspy
opening the communication hetwren the TIVE seas 10y way
OF the thmus If Trhusnrpee and DESTROYS as Is his TX
cueucy the President during their travels IN your StAo
that they shond meet with no Ou on e
contrary be- treated with all hospitality h" has b'n
pleased direct that his wshs should he communicated
to you have tho honor to do officially; repeating
Mt the same time, the sssur"n''s OF my estr"m ,c,,.
God aud Liberty LhCUNHA
Ills ExeeIlen,y tis GovERSoR the STATE of oAT'cA
There is nothing in the letter nor in the
orders which recognises the validity OF the
Garay grant or of any title of any assignees
under it. 1t is utterly preposterous to ground
upon this act Of courtesy and hospitality by
the Mexican Minister of Foreign Affairs,
recognition of the validity of the grant to Ga
ray, or the assignments to those who claim
under him.
The committee rest their assumption, fourth
ly, upon the facts stated by them, as follows:
Tis Is not ell the Government of Mexico at as
sento to enter nsgoaons for the proposed treaty
and convention joint protection OF tho work thus
to BIZ executed by American citizens, sssignses Of the
aray grant concluded at Mexico in Juns 1850, AMI
sent 20 United States To this convention certain mod
iacons bong suggestoi by the Secretary Of STATE, ut
Washington, il returned u Minister in xieo,
aud the whole Terminated ny new c0nyenon' H9ed Az
the 25th OF january 1887 with the approval Of
the SENATE Of the United States ad returned to Mexico
and finally rejected by the Mex can Congress, In April
1852"
The committee do not mean to be under !
stood-it would be discourtesy to them, it
would be unfair to suppose they meant to be
understood the facts that the President
of Mexico signed one treaty, which was sent
to the United States and rejected by them,
and then signed another and sent it to the
United States and it was accepted by them
and returned to Mexico and rejected by the
Mexican Congress, which had power to reject
IT, constituted a recognition OF any fact recited |
n either of those incomplete treaties. That
would be to draw the recognition Of the valid |
ty Of a claim from an attempt to negotiate IA
ettlement of it. All pretence that Mexico
has in any way compromised herself by this !
legotation will disappear from the case when |
shall show the history OF them The first |
reaty was made during the time of that good
ust, and true old man, Zachary Taylor, and
n the time of the administration of the State
Department by that distinguished and accom-
'lished diplomatst and just negotiator, John
w. Clayton. Here is the first article of the
irst draught of the treaty which was sent to
Mexico
may GeS0si may bsstOlo the privilege Of
road railroad or caaa acros. the l.thmns
Of Tehua and those employed by them -hai liz
ia their rights Of aud property from tho in
eption to ths completion OF tbs work.
Not only is there no recognition OF the
American ASS gnees of the Garay grant and
no recognition of that grant itself in this art-
Gle but there is a careful exclusion of any such
statement.
Here is the fifth article of that treaty of Mr..
Clayton's
the andeytakers either he prs,sai the fEs OF tho
which may involve the loss OF the right u tho priv
lego the complaining party shall draw statement OF
It's pretenons and motives, nnd similar statement shall
he drawn by the other party and both statements shall
be submitted to two arbters who hold no diplomatic mp
commission, and who reside In the Mexican
tetory One Of these arbers shall be appointed by the
of the privilege aud the other Icy the Government OF
Mexico and these two, In OF disagreement, shall
point third with the qualifications above required, and
the sion o these arterr there shall be appeal
Whatsoever Of all other questions which
arise, the Mexican tribunals shall take eogniznnce.
But then came into power the successors Of
General Taylor and Mr. Clayton; and then
also appeared Mr.. Peter A. Hargous mer-
chant claiming to be the representative of this
grant and then it began to appear that there
was q speculation behind this great enterprise,
more important to the Government of the
United States, and more Questionable to the
Government Of Mexico than the enterprise
itself Here is precious evidence Of it: On the
Goth day of August, 1850, Peter A. Hargous
wrote a letter to tho Secretary of State, in
which, after reviewing the treaty of Mr. Clay
ton, which had then been RENTED by Mexico,
duly signed by the Ministers of the two Gov
crnments, he said, referring to MIR. Letcher:
trust therefore, that you will pardon for suggest
ing that might lie advisable hat no should be ically
informed Of the emeuts above sdsertei tn, and iu
lose time which I've saved In bring ne his
negotiation speedy and satisfactory close"
Mr.. Webster complied with this request of
Mr.. Hargous, and made II new dYaught Of a
convention, carefully recognising the Garay
grant Here is the first article Of it
Arr. l. The person TO whom the Government Of Mex
leo may have graaet In future grant the privileges
Tor onsructng road railroad canal, he 18TH
Of rohuantspec pursuant to the DEGREES " that Gov
srur ut the lt IL March, 1872 9th Of February th
October nad 10Th Of December, is| aud 'h Of Novenber
1915 all thoss empoys In the works OF contraction aud
all who reside the territ ~ within the limits
defined 10y tho grant according to the terms OF the grant
ITSELF shall he protected In heir pcrsons nnl property from
the commencement OF tia work until its plston aud
during the period for which the privileges are granpd
The DEGREES here recited are those which
conveyed the grant to Garay. SO Mr.. Webster
rejected the treaty drawn by MIR. Clayton sent
to Mexico and accepted there which did not
recognise the Garay grant, and sent back a
treaty which did, in express words, recognise
it, aud he instructed Mr. Letcher to try to get
this treaty adopted by Mexico. On the 22d OF
October, $780, MIR. Letchsr reported his i'll
success in these words
Isubmittsd to the notice the Minister Of Foreign Res
0ns tbs seyvral alterations you desired n make the
Tshuantcpcc reay expressing at the time the con-
dent hope that his EIcell-ny would nod difficulty In
readily yisdny his s,sent toeb and all u tbsm In reply