The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-05-29

The Witnesses Before the Covsde Con-
9allce OverthroWn.
LETTER or MR.. CAss RRPuTIE6 KLwoOD Fshba


FORSYTH.
DEPARTMENT OF STATE WASHINGTON, July II, 1857
SlR-Ths value and impofisooe 70 Mexico OF railroad
the slbmus OF fehaanepeo scarcely be over
animated. In this Ia Uoted States are also deeply IN
ereshd. The proxy OF the stbmus 10 our shores,
he taiuby Of the climate adapiednese OF the ground
the ,structon OF railroad aud the greas dim nu
ion OF dssnoe comparison with other more southern
routes between Atlantic and Pacific possessions, all
10 po,pt out ~ far 70 any other
rCve outside Of our own territory.
Under treaty with the republic OF Mexico, OF De.
cerber 60 1853 the United States have acquired right
OF uapsi, the sinmue which they win never, IN.
der any circumstances abandon This may be sufcient
Tor all praSea purposes yea Desirable ina. .ne pro
rem tered specific hs therefore, now pro posad 70
enter into a treaty for toe pirposs.
Bot viii this right be 70 70 either the one
o. the sther republic eectus measures should be
adopted for construction OF railroad between the
two sssaas. Already much ptecoss time has been ios'
for ihece, great work wocd have Doen IN sue
cessfu operation the present day The period has
arrived when there should De no longer any delay In
commencing prosecuting, and completing an undertake
ing In when not merely hexice bat all commercial rs
tons ere 90 deeply interested Ioese con'csng granu
tn in number and have usually been dsaoninaed
the GAray grant and the Sco grant On each OF hese
shall make a fe ~ observations.
On the lsl Of March, 1912, the Mexican government
granted Don Josd de GsrAy the privilege OF opening
line 81 communication, by water, except where "
aoe when ralrosds aud siea carriages shall
be useo between Pscido and Atlantic OCEANS through
the fthmus Of rebuaptepec." And mis- passage, when
opened is In enlightened sprit declared 70 be neu
republic In osdert enable Mr. G~ray 70 accomplish
the unde rtsking there granted TO him 10 foe simple
for 81 ten sasas. on sSsr !, s 81 ss ns
communication and IL was further stipulated that call
Foreigners are permitted TO acquire real property and 10
exercise any trade or calling no. even excepting that OF
mining, within the dstaucso Of nfty leagues ethor side
Of the line Of transit "
In consideration OF these Gaay was to
give government, from ,hs time that the line OF
Communication shall be opened for tbs transport OF
Effects fourth part Of the net profits Of The receipts for
n
preservation and repair thorcof."
No pssts to be laid upon articles pass
ing in tran sit between ocean and ocean.
This was liberal concession 70 GArAy, aud had II not
been annued oy the Mexican Congress- there be
doubt that ere This communication would have existed
by steamboat ana railroad ACROSS the Isthmus
The limitation of iue contained in this concession for
the commencenent Of the work extended from lst
July, 1885, until the lst July. 1885, when EXPIRED and
under tho express terms OF the con ,ession, =" In
Gaze tnm should not be performed he co unencement
OF the week. within the time specified tue exclusive pri
vilege hereby conceded TO him (Garsy) shall cease"
More than sixteen months after this hnstion had
preo that 10 gay on the 9Th November, 1896, General
having previously attacked and
the 81 Paroles by military force issued de-
cree ext pdns Gay the term Tor the Of
GATE OF the publication Of this decree o. course, the
period Of this exHnson expired the 9Th November,
1885, though oe holders Of The Garay coucsssion sAge
that they the work before this date aud
consequently the forfeiture OF the grant However
this may be- the Mexican Cougress passed decree on
the $50 May 1851 declaring that "he Of the 9Th
November 1916 "a declared null and bas:edt, he
po.ers with which the provisional government OF thAl
pei nod were invested were insufficient to dic,aIe %
il rs not my purpose 10 discuss the Question whether
the Mexican Congress- he'd the RICH, 70 Annul this de
grant had usec due diligence in Commanding the work
The former question you si ina fully discussed among
the archives Of your Legation.
II certain thai this decree OF the Mexican Congress
passed after treaty upoa the basis OF the Garsy
grant, sgr ed oy the PIE potebisres OF the two govern
menis had been tubmIed to the Senate o. the unted
and had ne mn an and ratd4d
by that body with sumo snerdments and returned 10
Mexico. THIS Gesty was, notwithstanding. rejsctsd BY
Mexico and the Gsrsy grant Annnlled. Tnm'b briggs
The Congress. q seneo =. on the iiS 1852 pw..d
N rpica,ioa nc o.s The is,hmus o, I pasateooc WIN
10 pursuance the eof The 5h February, 1853 CcvN
los Pre- ident I'D .syt~, conformity With the law OF
the i4th may 1852 and the decree calling for proposals,
puhfsned in consequence thereof 10th Juy 1884,
accepted the proposals which had been suomilted by
the Mixed National snd Foreign Company, uader tbs
connupis cation through The lsthmus Of TehaAaiepec
On The ssnne day tssh February, 1859 CONTRACT
ter OIL nto and sgned between the parties, COR OF
wbioh IA heresish transmitted
BY the fourteenth cisnse Of this contract Il stipu
is fnin reni sboud deposit in The Mexican treasury
he sum OF $780, 600 Of which $500 900 70 be de-
Of ESQ oio q aeb. sloo 4 90 being unsbe TO
ompy with this supu alton the tn and 10th Febru-
Iy, ists an agreement ". entered no. With the L.
lbder which Francisco de Paesseux Fslconnet British
uoect rexicent In Mexico to advance Inc above
um OF $500 90 70 the Mexican treasury, and accept
nils Of exchange, payable 10 his order for the same
. AWE by William p. Lee the house OF A. @ $780, Of
'ev Orleans In case Of failure OF m-nt, for what
yer causes the grant concession from the Mer,can
owe, nment Vas pledged aud mortgsged for this sum to
ar fAiconnet, With poser for him 70 proceed 10 . sum
10 The highest bidder Who may oer Without any iqfi-
ts Formally, or 70 acudcse II 10 himself he chooses
nnoa, these sppeaerf or Their representatives having
ny right Of opposition mskng any reclamation since
90 IN anticipation of the case, they confer upon him
be moss full, rrevccaoss ana encscous power oan
e rsq.rss IN AZ with all the amplitude that may be
me bills were protested and have never bean paid.
be rshtnl owner OF The concesson, but received no
t,ser II . stated IN note Of Mr. Lesssom, Co~ro |
ots N, xican Minister Tor Foreign Affairs under date Of
"a April, 1860, 18th. That Mr. FAloonnes win vsu Of
be Sse % ~ HsrsUSs ss .ss Yer ss ss sssi Ss
aicosret through his agents, the sth Augus 1885
ai,asd toe Mexican sovernmeus Of ,ss cesson being
oserpnent returned no Ansssr and thai on the 5th |
'ovenbsr, 1885, Mr. Fsoonbess sgenis again addressed
Of d Jane, 1879 and the 18Th fsbruary ssh An
uss and bh November, 1919"
,ur~auons und The aelh Nosemser. isS. sSep NJ M
accrne, vse informed By The Muster OF Pubic works
,st nsi gentleman had been acknowledged BY the Msx
IN government - the owner a the privileges but mat
,e cesson Of IL by him 10 Mr. Hsrsos wss mot recor
zed" his Information vas given IN letter OF this
sc run W W heeerb lktCuer, Tore Il Co.
'e agents Of Mr. fssbonne 10 s1s~er 70 the lett ara
bove mentioned, Recognizing Mr. Faloonne, 70 be sths
'eseesor o. the grant IN question: aooordpg The above
entor ed contract OF the Io February bat not a re-
lr6s the transfer which be has OF ha rsht 10 Nr
stsr Ameccc Brsous, a. stated BY you In your last
entoDed oommuric~ton." In the note Of 3d April
b6 shove rcferred 10. Mr. Le;tsom nsss on behalf al
r FAoonpot, - British subjeci, that the coocssusou
ade by hum 70 W Harsous should be recognised as the
eans OF recovering hs e6oo 900, and That the tme
antec by the second article OF the privilege should b.
ckosed naturally oay from the day (26,h November.
80 90 which Mr. FAico0nets numerous appcntious 70
G Mexica COVERT meat we're answered" (9sth Novem
", 1851. This sum has been refunded 70 Pal
on~t, shouen without his money ne contract GOULD
have been obtained. II does appear thas snv
emps has been msde 70 refund 10 innocent psrty
bo had no interest In the ransa can 80 fer from ths
be iy inferred from the oh article The chartsr OF
povstcn der the d Louisiana a The Tshuasts
Company, "fcupded on The sloo grant," THAI no IN
stcn exsts OF rtfuncing this money, until the amount
All be received by The company from the prodts Of the
10. Mr. Tsloonpes, therefore, with sruue apparent |
claims 70 be the Of the soo coaossssou
Ger the recognition Of the Mexican governmsnt vh,cn
~eysr has withheld from him hs right o( ransferrins
% Mr. Hsrgous.
IN any event would appear that whether the sranssc
be mortgage or IN absolute utlc neither Mr. sloo
VIC TthuAnrpec Company can, until they shall nrvs
und the paid 10 Mr. Taconncf 10 thr uex,cap |
-