Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1853-02-19

the terms Of the plan Of the CITADEL and proclaimed the
Establishment of the Constitution Of 1924 Here 4
the decree Of Salas which have translated and copied
from the book Of the DEGREES Of the Mexican Republic
which Lies before me:
nisky Of Foreign Relations Of Goeernment and Police
His Exceeney the Senior General chief the
Of the supreme Executive power has directed the fol-
Jose do Sala General Of Brigade and Chief Of
the Lberang Republican Army in the exercise of su
prems Executive power all whom these presents may come
Know that in consideration Of the state in which the
public is found he has been moved to decree the fol-
Fart l. Until the new Constitution is published that Of
1924 shall govern in all that conflict with execu
ton OF the plan proclaimed the citadel Of this capital
Atm OF the present month"; and that the present affairs
OF the Republic will permit s4
Thus Salas in power, acknowledging the Consttu-
ton Of 1924 and self to support it, when on the
9th of November 1916, he made decree extending an
already expired grant which was equivalent to making
the grant ITSELF which grant was in direct conflict with
the Constitution He exercised no absolute power but
quahhed dicatoria power which limited by the Con-
suton and by the bases Of what called the Act Of
the Citadel
We have then, the decree Of Salas Provisional Presi
dent extending this contract for years and we have
in the first place the Constitution Of Mexico declaring it
void Here is one ground upon which the Constitutional
Congress- on the I'D OF May 1851 abrogted the decree
of Salas H
1t now necessary to 90 back in the history to BRING
into review another ground. Santa Anna in 1872 was
President under the bases Of Tacubay and the conven
tons OF Estanzuela BY the sixth basis of Taoubaya all
the DEGREES to be made by the President directed to
be submitted to the first Congress- Central Constiu
tona Congress- that they might be approved or rescnd
ed The grant to Garay made Of course subject to-
that basis. So also the other extension which was
Il he Of Novembe MS DE-
submitted the decree Of March 1s 1842 by which the
original grant was made to Congress- SO that grant
held for that be void by the Congress which
abrogated it on the ed Of May, 1861. ~
1t will be said that Santa Anna had abrogated that
sixth basis Of Tacubaya The facts are that the 3D.
OF October 1913 Santa Anna issued decree to the effect
that the responsibility of the acts Of the Provisional Ex-
ecuve to Congress- created by the bases of Tacnbaya
and the conventions of Estanzuela merely reronsi
bty Of opinion, that Of his could be arued and
that the contracts entered into by the Provisional Execu
tive were inyolate.
1t win be that even this decree recognises the
bases Of Tacubaya because it treats Of the responsibility
of the Executive which established by the bases of
Tacubaya. Then this decree Of Santa Anna was not
subverson Of the central constitution and sixth bases Of
Tacubaya but only papabe perversion of them for the
purpose Of increasing his administrative power Did
that stand Was that left the law of Mexico No. On
the first day Of April 1875 the first central constitution
al Congress of Mexico in session and this decree of
Santa Anna absolving the Executive from responsibility
to Congress- under review, and they that day
adopted act revising and abrogatng this decree Of
Santa Anna, and declared that his responsibility
direct one that no act of the Executive valid uness
it submitted to Congress and that act valid
that submitted to them and rejected approved
by them So them the central constitution in force
the first of April 1885, and the Executive power
limited the OF TO
by Congress and the original grant to Garay was BY
virtue Of the bases Of Tacubaya and this constitutions
rendered void, by that it submitted to
Congress and approved by them.
am that this examination has led through
tempestuous season, in which civil government often
overborne in that unhappy fraternal Republic. But
have shown that during the time of the extension of this
grant by Salas the legislative power in force, and
that in that respect the constitution absolute effect
ask the Senate now to consider two propositions First,
that every citizen and every foreigner knew ought to
have known Of the limitations Of this grant when taking
assignment Of it. and that he knew hstook it at what
hazards attached to it by virtue of the constitution
and the reserved power of Congress- and the second that
the constitutional Government of the United States and
especially the Senate the United States bound make
and will make, every fair andust and liberal ntendment
in favor of the wounded constitution of people, who
have struggled with much fidelity and so much ener
gy through of anarchy at home and of aggression
by foreign Power, preserve constitution modelled
and copied after 1t is not here that expect
nendments prevail in favor Of ctaors and usurpers
even in Mexico.
The honorable and distinguished chairman of the Com
mitee on Foreign Relations Mr.. MASON has already
furnished his replies to the argument First he says
that the constitution Of 1924 contained provision that
the Congress should have power pass aco
law, and that Congress should have power pass
law impairing the obligations Of contracts rejoin
law of Congress refusing consent which it spu-
lated that Congress might give refuse is post
fdco law. contract which by its terms is valid
Congress shall dsapprove is not impaired by the decree
OF Congress refusing to approve It, Secondly the chair
acto Of Mexico and that his acts bound the Republic
Of Mexico especially where foreigners had obtained an
interest rejon with great respect that Saas not
absolute President President at all !; but
he de fdco the head Of the Government subject to
the Constitution of 1924 lie obtained power confess,
rregulsrly but he exercised il under the constitution
and was thus limited and constitutional Executive.
But the Committee Foreign Relations make a still
further reply which s, that the Mexican Government
has, since the 9th Of November 1885, the date Of Saass
Decree recognised the Of this grant and the
validity Of its assignment to the American claimants.
shall examine with great Difference the evidence which
they give of this recognition The committee their
assumption first upon the fact that in 1916 and l647 the
assignment Of the grant to Manning Mackintoshswas
duly notified to the Government Of Mexico, and their
complaint President Herrera issued orders TO the Gov
of 0axsca and Vera Cruz prevent the cutnEf
mahogany the granted lands by any others than those
acting under their authority Irejoin. The notice given
by Manning Macintosh to the Government Of Mexico,
and relied upon by the Committee Foreign Relations
Is produced 1t not here No assignment has been
produced except that made the 26th Of July l847,
which was assignment by Garsy TO the British pro-
prietors Manning Macintosh, and Snyder Co., and
which notice given to the Mexican Government after
the decree Of Saas, and an assignment expressly
limited TO the lands coded by the grant Of Santa Anna
and ii excluded the privilege Of opening the Isthmus Of
Tehuantepec. i rejoin, secondly The assignment
made under the conditions annexed to the grant OF Saas
and the assgnees took the benefit Of the acceptance the
notice with express acknowledgment that the right to
open the sthmus of Tehuanepec remained in Garay and
had not been at oil coded the assignees and conse
quenty whoever held it after that period held subject
to the condition prescribed in the decree Of Saas-hat
foreigners taking the benefit Of the assignment should be
denationared.
But what was the effect Of these orders of Herrcrs the
President Of Mexico TO the Governors Of Oaxaca and Vera
Cruz? They were orders TO prevent dcpredahons and