Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-08-14

| cure the approval of the Mexican government.
and upon the Sth of August, 1855, he acain
ADVISED the supreme government that he had
elected to take the contract on account of n,
advances, and that be had sold it to the under.
signed. On the 26th Of November, 1855. the
| supreme government of Mexico returned the
! following answer to Mr. Falconnet's several
applications:
SECTION 5.
Ministry offhs Interior, CoIoni tios, Indusf,v
aHd Commerce of the Repxblie Of Merieo
His excellency the Minister of Foreign Re.
lations has been pleased to transmit to this
office the communication which you directed
| to him under date Of 9th ins tant, accompany
| ing copies of those which you had previously
sent to the same in the name Of Francis de p
Falconnett, asking that this person should he
| acknowledged as successor Of A. G. Sloo, in
the concession of the privilege for the inter-
oceanic communications across the isthmus of
Tehuantepec, because the time had arrived
as provided for in the second clause of the
deed signed in this city on the 10th February,
1895, by the empowered attornies Of the COM
pany, and the said Mr. Falconnet, be not
having been paid the $500, 900 which he had
advanced to the supreme government, pursu.
ant to the said contract.
Immediately informed his Excellency the
President. dd interim, in Cabinet council, of
your said communication of 5th, with those
on the same subject of June ), 1853, and Feb
%, of present year, and with that of the 2Sth
August inst. last In which it is stated that
Mr. Falconnet had transferred all his rights
IN this affair to Mr.. F. A. Hsrgous, Of New
York, and his E1cellency has thought proper
to approve the aforesaid two first communica-
tions, 90 far al relates to Mr.. Falconnet's BE-
coming the possessor Of the concessions of
which mention is made, and in accordance
with the deed of February 10th, already men
toned, but not the transfer made Of his rights
to Mr.. P. A. Hargous, as stated by you in
your last mentioned cOmmun ication
All of which L make known to ycu, &C.,
&c, &c. God and liberty
M LERDo DE TrJADA.
MEXICO, November %, 1855
Messrs. Yecke-, Tovre & Co.
From this letter it will appear that the
government of Mexico approved the transfer
to Mr. Falconnet, and confirmed the title TO
the contract in him The government has not,
however, as yet, responded to the sale by him
TO the undersigned, or authorized any exten-
sion Of the contract.
From this statement Of the facts taken from
authentic documents in my possession, acces.
slble to the examin alton Of any of the parties
interested, it will be seen
lst. That all the rights Of the mixed or Sloo
Company have been forfeited, foh non-pay-
ment of the price due to the Mexican govern
ment for their contract |
I'd That these grantees never paid one cent |
into the treasury of Mexico for the grant |
Sd. That the grantees pledged in the most |
solemn manner the contract, to secure the |
Iaymcnt: into the treasury made by Mr.. Fall |
comet.
4tb That never having been paid his ad-
vances, the right of Mr. Falconnet accrued to
demand the contract, according TO the mort
gage thereof
5th. That the grantees and the Mexic an
government, as part prOprietors, expressly
agreed to waive all right of judicial procedure
in the matter.
9th. That Mr. Falconnet elected to take the
property on count of bis debt.
9TH. That the Government of Mexico has |
acknowledged and confirmed his title, and |
that Mr.. FalcOnnet is now the sole owner Of
the grant of the right of way across the 18th |
mus of Tehuantepec, made to the mixed or
Sloo Company.
Sth. That he has made sale thereof to the un.
dersigned, and engaged to obtain the assent of /
the Government Of Mexico 20 the sale.
Notwithstanding these circumstances, GER |
tain persons in New Orleans have constituted |
themselves into a voluntary association which |
they have called the "Tehuantepec Compa-
ny" They have claimed the ownership of |
this grant, and have even sent according to
my information from the lsthmus) a small
steamer, having on board forty men for the
purpose Of entering upon the construction of
the work Of communication between the two
oceans.
1t is difficult to imagine what authority
these gentlemen can have for this act They
cannot have the right to control the contract
They have never paid for it. They cannot
be stockholders. There has been no subscrip.
tiOn of means adequate for the execution of
the projected work They have not complied |
with the terms OF the grant, nOr have they
been in any manner recognized as a company /
by the Mexican government, which has never /
given authority under the grant even to open |
books of subscription in the United States at \
all. 1t is true this company says it has an in /
complete contract with party who unfortu- /
nately perished on the Arctic, but certainly /
they have no authority TO take the property L
Of foreign proprietors without the consent Of /
the foreign government within whose jursdic- |
tiOn the granted property lies, still less to ad-
vertise it for sale as an attraction to capital
lists. Yet this company appeals through its |
President, Mr. Nicol, to the public for a sub |
scription of two millions of dollars to execute |
the work thus undertaken without q shadow |
of authority from the proper owners thereof
Whilst L design no imputation upon the per-
sonal integrity of Mr.. Nlcol, L feel it my duty |
to protest against his organization as utterly /
without warrant and in violation of the rights |
Of others. And that the public may examine |
advsedly the solvency of the investment /
which he offers will enumerate few of the /
obstacles in the way Of those magnificent div /
idends which he represents as inevitable.
1st. Under an agreement between the mixed |
or Sloo Company and the Mexican govern
ment the former is bound to pay all expenses |
incurred by the holders Of the Garay grant |
for the surveys on the Isthmus, appropriated |
to itself by the said mixed or Sloo Company |
and to indemnify the Mexican government |
against any reclamations or recovery to be |
made by the assignees of the Garay grant. |
This grant is still pending before the govern
ment of the United States. Its owners have /
fled a claim for an indemnity for more than |
five millions of dollars. For SO much of this |
as may be recovered, the mixed or Sloo Com
pany is to be held responsible by the Mexican
government
81. The bonus which this mixed or Sloo
Company agreed to pay for their contract
amounted this time 10 more than one million
of dollars. No doubt Mr.. Nicol proposes to
apply 0ne Of the two millions Of dollars for
which he now makes requisition upon the
public, to the liquidation Of this outstanding
and unsatisfed demand such, at least, is the |
promise of the articles Of association under |