Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-08-14
EVENING STAR.
The Tehuantepec Route-Another Side.
NEW YORK. Aug IL. 1854
70 THE EDITOR OF rpv WV vopr urp.n

|
Tehuantepec transit, and also circular of Mr.
walter Nicol, styling himself president Of
the Tehuantepec Company" in which circular
he has made use Of my name neither war.
ranted by courtesy nor justice, duty to myself
induces me to depart from my usual silence
upon the subject, and a duty to the public
compels me to make some important correc
tlons In the editorial and statement referred
After the unjust reputation of the Garay
grant, of which am the holder, the Mexican
government granted the same right of way
TO certain Mexican and American parties,
under the name of the "Mixed or Sloo Com.
pany.
The first condition of this grant was that
the grantees should pay into the Mexican
| treasury the sum Of six hundred thousand dol
lars, by certain stipulated instalments. I'm.
able TO pay this bonus in cash, the grantees
arranged with Mr.. 4. de Falconnet that the
| iatter snould pay the required amount into
the treasury, upon the conditions set forth in
the following extracts from the article of
agreement between the parties, of date the ii tn
| February, 1858:
Article l. Mr. de Falconnet shall nav in
Mexico the $500 900 which the Mixed COMPANY
mas TO deliver to the supreme government, ao.
| corning TO the contract relative to the opening
OF the Isthmus Of Tehuantepec, and take for
| SAID amount, ,on the te rms already agreed upon,
the necessary bill or bills which Mr. W, d.
Lee Will draw on A. & Sloo, of New Orleans,
to the order of the said ale onnet, at sixty and
and ninety days sight for equal sums.
| Article z. Ii, by some event, such as NAV
happen and cannot be foreseen, the bills men.
toned IN the preceding article should not be
pald, either totally or In part, in this case the
| agents OF the Mixed Company pledge es-
pecially and expressly the privilege granted
10 them by the supreme government for the
opening Of the Isthmus of Tehuantepec, by
contract OF the 9TH of February, 1858, and also
the certificates or bonds which, according to
the l4th article of the said privilege, they
are TO receive from the Treasurer General,
Tor the amounts which may be paid into the
| treasury, which certificates or bonds shall be
| put into the hands Of Mr. F de P Falconnet
as they are gradually delivered by the treas
| urer. In addition to this, and in an equally
explicit manner, W. D. Lee, holding the power
OF attorney Of Mr., 9 sloo, pledges all the
property, present or future, of said A. q. Sloo,
either movable or immoveable; and all the
| parties interested empower the said Falc nnet
Tor the recovery of the amount of the bills which
| may not be paid punctually, as we'll as for the
exchange and re- exchange thereon, costs and
expenses which the non-payment may occa-
sion, TO come upon all that is pledged to him,
without recourse to the tribunals, In the way
he may think proper, being authorized to sell
| to the highest bidder that may offer, without
any Judicial fOImality, or to adjudieate it to
himself If he should so Observation-Disclosures
10 81 a 81 te parecieJe without the parties il
| tereSted, or those they represent being able
to maintain any action whatever in opposi-
| tion thereto, or to bring any claim On the
| contrary, they give Mr. FaIconnet in that case
the most ample irrevOcable and efficacious
| power which may be required in law, with all
the ampllcations that may legally be sufi
| clent In consequence they bind themselves,
and W. Lee binds A. It. Sloo, not to con-
tract any new engagement which may inval-
ldate the present one, under pain Of Iulity if
| ttey should do the contrary.
NJ PAYso,
L. OLARTE,
j. j PEsADO,
W. ID LEE,
T De FALCoNNEr.
Dated Mexico, Feb. 10, 1853
Before Mr.. Falconnet could be justified in
| entering upon this agreement the consent of
| the government Of Mexico was necessary ac-
| cording to the terms of the grant. 1t was
given in the following note:
FOREIGN OFFICE,
MEXICO, Feb. 10, 1853 (
l have received the note which you wrote
! to me to-day, and in which you state that TO
begin the preliminary operations of the Mixed
Company which you represent, and which is
authorized for opening way across the 18th
mus of Tehuantepec, you were going to pledge
| to Mr.. Falconnet the contract made to this
effect with the supreme government, as far as
| the part Of the company is concerned, until
| you receive advice of the payment of the
bills which you are going to draw upon some
| places of the United States, promising to in
| form in due time this Office of the payment Of
| the bills and of the cancellation Of the deed
| Of pledge.
Having commune ated the contents Of your,
ranfn 20 L.
| Tim of the republic, His EXcellency has or
dered me to inform you of his approval,
which have the honor to do by the present
note j. NJ ARROYO,
Under Secretary for Foreign Affairs.
10 Messrs. Payne, Olarte, J. J. Pesado and
W. ID. Lee, representatives of the Mixed
Company for the opening of a way of COM
municatIon through the Isthmus Of Tehuan-
tepec.
Having thus obtained formal and absolute
hypothetication Of tho grant, Mr.. Falconnet
paid into the Mexican treasury the stipulated
bonus of 100000, and took the receipt of the
proper authority for the same. The bills
| mentioned in the agreement, as collateral Sc
| curity, with the mortgage of the grant, was
drawn and delivered In accordance with the
agreement. They were not paid in whole or
in part at maturity, or at any time since.
They arc now due, outstanding and unpaid,
SOoeS,
ing to more than one million dollars Upon
the maturity and non-payment Of these bills,
the right of Mr.. Falconnet accrued to demand
repayment Of this money, or the transfer to
himself of the grant which had been pledged
for its advance Because the parties and the
government Of Mexico had by agreement au-
| thorized Mr. FalcOnnet to come upon all that
| is pledged to him without recourse to the tri
bunals in the way he may think proper, and
| because they had authorized him, in the same
| instrument, to sell to the highest bidder that
may offer, without any judicial formality, and
even to adjudicate it to himself, and because
| the parties interested, and those they repre-
| sented, had renounced any right to maintain
| any action whatever in opposition thereto:
Mr.. Falconnet, on the non-payment Of the
| bills, sought to make the mortgaged property
| available. Notwithstanding his efforts, how
ever, to obtain reimbursements from others,
and notwithstanding that the grantees them
selves made every endeavor to sell the con-
tract in the United States and Europe, subject
to the mortgage, they were unable to effect
| sale or to make payment. Mr.. Falconnet there