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

this strange position 10 assumed by Mexico, in ia
lace OF the repeated subsequent reco9nitions Of h
existesce and validity which ara .hereinbefur
recited. Respect for that governmeist alone -
strains the committee from speaking Of this nos;
| ton IN the terms 1t would seem to reouire
The government of Salas was that of Dictate,
ves.eu with supreme power. 1t was acknowledged
treated With v e ~ the people of Mexico
Jac1o: Alter having accomplished the purpose Q
creatng federal system, an election for member
~ congress was held by his Decree which met
pua e tnereto 10 that Congress the Dictator
| oouanunicateo the DEGREES made by his govern
ment od interim. and with them this very decree
of November, 1886. 49, :
Amongst the DEGREES thus issued during the
dictatorship OF Salas are several of the character
ot general laws not one of which was disaffirmed
oy congress, nor was his authority questioned
as the law making power for the time being, until
Iound convenient to do so for the purpose of an
nuihng this grant after it became the property Of
| citizens OF the United States.
| The doctrine that the government de facto is the
government responsible has been fully recognised
by Mexico herself, in the of the dictatorship
/ of Salas as of those who preceded, him. II ia a
principle OF universal law governing the inter.
course of nations with each other, and with indi-
viduals, and this Government cannot, and ought
not to, treat with indifference departure from it
| by Mexico in the present instance.
| There ia remaining view of this question which
the committee are not at liberty to disregard; and
that Is, the embarrassment into which the reia-
tons OF the two governments is thrown by the con-
duct of Mexico in the negotiations which have Ia
ken place in reference to this grant.
Two formal conventions, having for their basis
this grant OF right of way the value and import
ance OF which to the people and Government of the
United States was fully exposed to Mexico as the
inducement on our part to negotiate, were actu.
ally signed at the city of Mexico, by ministers
duly empowered BY their respective governments,
the last OF which, formally ratified BY the Senate,
mas been rejected by the Mexican Congress.
The committee aware that refusal by one
government to enter into treaty stipulations with
another upon prescribed subject, should not, as
OF course be considered an indication of unfriendly
feelng; yet, regarding the circumstances attend.
ing the protracted discussions which terminated
In the second convention spoken of above with its
prompt rejection by the Congress of Mexico-re
garding the fact fully made known to Mexico, that
the interests of the Government and the citizens of
the United States were deeply involved in obtains
ing the right OF way proposed-and, finally, that
1T has been refused at last by the discouresy of
ecting treaty profered by the United States. and
by the violent sacrifice of valuable property be-
longing to citizens of the United States, for the
preservation of which the srhonor and faith'' of
Mexico were formally pledged-the committee
if not requiring, this Governm snt to review all Of
its existing relations with the government of Mex
leo.
Certainly in what has passed. there is to be found
but little assurance of that friendly feeling on the
part OF that republic which leads nations to connect
themselves by treaty obligations, or which makes
1t desirable to continue such have been previously
contracted.
In the correspondence submitted with the mes.
sage of the President, the committee have seen.
with entire apprObation that the Executive depart-
ment has been fully impressed with the importance
OF the questions involved in this controversy, and
OF the grave attitude they may assume, should
Mexico persevere in her refusal of the redress which
10 required at her hands.
In letter from the Secretary of State to Senior
LUIS de ia Rosa, the Mexican minister at Washing
off n111
prehenslve review of the whole question: the Secre-
tary, referring to the probable rejection of the
treaty by Mexico, (Which letter of the Mexican
following emphatic terms:
"Ihe President of the United States cannot per-
suade himself that such calamity as its rejection
by Mexico now impends over the two countries %
Again, in letter to Mr.. La Vega, the successor
to Senior La Rosa, of the 18th March, 1852 the Sec
Rotary of State says:
"If, however. these hopes should prove to be un-
founded, and the convention should not go into eff
feet, this Government will feel itself cornpeed tn
take into consideration the measures which its du-
ty to Its own citizens may require it to adopt to
protect their rights under voluntary grant made
by Mexico of the transit way across the Isthmus
The Government of the United States can in no
event be expected to abandon those rights and
ardently hopes that the Mexican government will
do justice to them in season.
And, finally, in view of the great importance of
the occasion, and to avert, if possible conseouen
ces of the magnitude of which to the two coun-.
tries, whilst this question remains unsettled none
be blind, the President OF the United States I'D
dressed himself directly to the President of Mexi-
GO By letter OF the 10Th of March, 1852 from
which the committee quote as follows:
sfln addition to the motives have urged for the
speedy adjustment OF this matter, l beg leave moot
earnestly to call the attention of your exceliency
to the probable difficulties that NAV grow up be-
tween the two nations, should Mexico break her
pghted faith in the grant to Garay. Our citizens
relying upon her good faith, have become inter-
ested in that grant; they have advanced large
sums Of money for the purpose of CARRYING out its
objects; they have surveyed route for railroad,
and demonstrated the practicabity of construct
ing it; and it ia not possible that they should now
be deprived OF the prvi& rs guaranteed by that
grant, and sustain the heavy losses that must en-
sue, without appealing to their own Government
for the enforcement of their rights NV anxious
desire is to avoid too probable that
must result from such an appeal We cannot, if
we would, be Indifferent to it. 1t is a duty which
every government owes to its own citizens to pro.
tect their rights at home and abroad; and the con
sequences growing out of the disagreement of the
proprietors OF the Garay grant and the government
of Mexico are such asno true friend of this country
or of Mexico can look upon with indifference,
Z The committee are fully prepared to sustain the
Executive department in the position assumed to.
wards Mexico in the correspondence here referred
to, and conclude by recommending to the Senate
the adoption of the following resolutions:
RESOLVED, As the judgment of the Senate, that in
the present posture OF the question on the grant of
the Isthmus of Tehuantepec, conceded by that re
public to of is citizens, and now the property
of citizens of the United States, the same is pre-
scented by the correspondence and documents ac-
companying the message of the President of the
United Statespf the 9th July, 1882 it ia not COM
patible with the dignity of this government to pro.
secute the subject further by negotiation.
2. Should the government of Mexico propose
eneyal of such negotiation, it should be acceded
to only upon distinct propositions from Mexico not
inconsistent with the demands made by this Gov
eminent in reference to said grant.
8. That the Government Of the United States
stands committed to all of its citizens to protect
them in their rights, abroad as well as at home
within the sphere of its jurisdiction; and should
Mexico, within reasonable time, fail to reconsid
er her position concerning said grant, it will then
become the duty of this Government to review all
existing relations with that republic and to adopt
such measures as will preserve the honor of the
country and the rights of its citizens.
| the New York Commercial Aduertiser) the follow
| ing notice was published in the Gardiner (Maine)
Transcript, and was generally copied and COM
| mented upon:
| 'sWe, the undersigned, have pledged ourselves
to each other for life or as long live in
harmony, and now sustain the copjugal relations.
This we do without conforming to the laws and
customs of this nation in regard to marriage, be-
eving it to be an affair exclusively our own and
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