The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-09

gentlemen prepared express that they viii meet
the resolutions win amount to nothing The resolutions
founded on the assumptions that the American
sgnees Of the Garay grant have complete perfect and
absou te title to the right Of opening communication
through the Isthmus Of Tehuantepec which the
ment Of Mexico cannot dispute Second that Mexico has
Thirdly that the United States are bound by oblga
tions OF pub law to compel Mexico to concede that
right to us Fourthy that for the interest of tue
United States and their dignity to perform that duty bv
means OF qualified or absolute hostilities against
Mexico. The first involves the validity of the grant
Provisional President and Dictator Of Mexico Tho work
was to be commenced before July, 1S43 1t is there
fore void, unless it has been renewed or extended
Santa Anna, in December 1s43 by a decree extended
the time till July 1845 and Salas his successor still
further extended II to November 1s4s and the commit
tee say it was commenced before that time The Mex
can Congress- in May 1851, in constitutional FORM en-
acted decree declaring it void Now if the decree Of
and the assignees of it have title. The committee
that had any right to report the decree Of
bound Mexico in ali things in which foreigners were
and that his acts have since been recognized
by Mexico Mr. Seward contended, that by the federal
constitution Of Mexico the powers to make this grant
resided exclusively in Congress and not in the President
The regular administration of the government was sus
pended by insurrection in 1s4l and before these
grants were made; and provisional government dis
pensing with thu Legislature, and vesting the
powers OF the government in q provisional President
established This effected by the treaty of Estan
zuea and the adoption of the bases of Tacubaya Santa
Anna took the oath of Presidency under the bases of
to be submitted to the first constitutional Congress for
appreciation In April 1s45 the first constitutional
Congress held and it revised and annuled this last
named decree of Santa Anna. The constitution and the
bases o. Of Tacubaya were equally recognized BY salas
%he1 he cam into and this decree
would be valid unless approved by constitutional
Congress In May 1851 constitutional Congress re as
sembled and repealed the aas decree by which the aray
grant had been extended. He mentioned several argu
ments in favor of the validity Of this grant, and re-
piled to them. He said he aware that all
Wh ahp fnru
by civil contention bordering anarchy, when
the wil OF the dictator often successfully overborc
constitutional authority Every in Mexico knew the
limitations of the power of Saas and the constitutional
government of the United States above all the Senate
favor of the wounded constitution of people who sorely
rent and torn by factions, have nevertheless long and
patiently struggled to preserve the nestimabe blessing
of regulated civil liberty He argued to show that Saas
was not de ao the government of Mexico because he
summoned Congress and resigned the supreme power in
its career He examined the various acts Of Mexico re-
lied upon by the advocates of this grant as showing
recognition of the decrees of saas and held they
dity Of this grant The permissions and passports
given to the engineers to survey this work were
mited that nation to the assumed right under the
assignment Of the grant He met the argument that
cognized the validity Of the Garay grant, by reading CO.
pously from the correspondence of Mr. Letcher the
subject showing that Mexico the people and the govern
men have always been entirely opposed to any such
cogntion Of that grant He thought he had thus shown
two thngs-frst that the Garay grant had been lawfully
abrogated BY Mexico; secondly, that Mexico has not
waived that abrogation recognized the validity Of
the grant Thus far ne had assumed that this grant
to Manning and and Ssm to ss
American claimants The decree of Saas explicitly de.
clared that should be an express condition that In all
contracts with colonists they should the prvi
ege Of their original domic long they reside in the
Mexican country Whether the refusal Of Mexico to a
not, it seemed to him, in view of the condition of
the United States and Of Mexico and the character Of
that the exercise oi the franchises Claimed would in al
human certainty result in the dismemberment of Mexico
and the dissolution Of the Mexican Union and the
tnction Of that republic, if indeed in the progress of
tion in that unhappy country, the republic has not
already been extinguished There is power this
continent except the United States that is able to
guaranty the maintenance Of over that un
fortunate people The United States will never consent
that such shall be guaranteed by any foreign
dertake such guaranty for that would be in conflict with
principles which lie at the foundation of continental
our Union. He could not vote for the resolution
Mr. Hagous in his letter states the rule is that
men would interfere with foreign matters
of contract with its citizens but this is no ordinary
and the government ought to interfere De considered
the rights Of citizen, which the government is commit
ted to protect be just rights as distinguished from
claims, however legal which impaired by injustice or
immortality They must be absolute and certain rights
distinguished from those of doubtful validity The
circumstances OF such by considerations of public
justice and the public welfare He examined the three
commit
tee and said he could not vote to sustain them He
amined the argument of Mr. Mason that the United
States had natural national right to this way by law
higher than the constitutions of the United States and
Iexico, and said 1t was bungng piece of diplomacy
to attempt by negotiation to get that which have
under the indeeasble rght-under the higher law If we
have this natural right It derive benefit from the
Garay grant But such right waived by in ask
ing Mexico for it when she was under feet She
fused it, and let her rise without compelling her to
surrender it, By the treaty of peace have covenanted
not to disember the territory Of Mexico and to enforce
nant We placed ourselves behind Mexico the Pacific
knowing the want of the passage If the object be to OBJ
bn ren and uv an opeov 's w t
for sggrsndsemen and seeking the benefit Of ali otSer
these resolutions because the objections of Mexico are
only to the confirmation Of the Garay grant, and not
tionaf character Mr.. Letcher, in his correspon
dence states there will be obstacle in the way Of
the treaty, If the Garay grant were out of the way
The in this matter the union of private spec
ulaton, and the conounding with it Of great national
and benencent enterprise. Let retrace posi-
partnership between the government and spectators
and by fair and friendly negOtiaonswh Mexico prose-
cute your suit for national right of inter oceanic
muncaton. He then said-I shall be told there is ne
cessty for urgency and haste; but there ought to be
urgency, and there is ground for haste You want
first and most, a communication between New Orleans
Washington and New York on the Atlantic through
your territory to San Francisco the Pacific The
safety OF your possessions ON the Pacific demands that
that thoroughfare shall be altogether inland and not
upon the ocean-altogether within your country
and not routes, exposed to all the nations
and over foreign territory occupied by an aggreved
and in the event of any turn Of fortune, a hostile
people-you require for your own communication and
commerce. and for Asiatic communication and commerce.
road which, while 1t shall have the advantages of the
best harbor at either end shall have continuous
nection without the necessity of tranhpment trans
fer of points between the mart OF commerce IN the
Atlantic and the mart of the Pacific, and
not way like that of Tehuantepec where ports at both
ends yet to be artifcialy made and whose route
would be combination Of land and water carriage, in
vovng the necessity Of breaking bulk not less than three
times between the commerce positions the respective
oceans. you aiming at high commercial eminence
you must get 1t by laying the foundations broadly in
agriculture, mining and manufactures, upon your
domain and by the improvement Of the resources which
it yields TO you. passage the continent must be
through that domain, and not through the domain Of
foreign country. you expect to become the carriers
between Europe and ASIA even the carrier in your
inter-0ceanic commerce. you must receive convey and
deliver passengers and freight within the temperate zone
and not within that which, while its heats
ious TO animal and vegetable productions and dele
terous to articles of commerce. which at most