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320 CONG.....20 Sess.

Tehuantepec Grant--Mr. Seward.

SENATE.

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within that time a new one will come in, whose | ting the grant. The grant, then, has been abroga- President, extending this contract for two years; opinions are quite unkħown.

ted and is void, unless the contrary can be shown. and we have, in the first place, the Constitution of "It would be discourteous to the incoming Chief | The Committee on Foreign Relations have under- || Mexico declaring it void. Here is one ground Magistrate, under such circumstances, to conclude taken to show the contrary; and they took three upon which the Constitutional Congress, on the ourselves by an action like this. This discourtesy positions. First, that the Congress of Mexico had 22d of May, 1851, abrogated the decree of Salas. by itself would be a matter of small moment; but no power to repeal the decree of Salas. Second, It is now necessary to go back in the history, in all national transactions, discourtesy between that Salas was the Government de facto of Mexico, to bring into review another ground. Santa Anna, coördinate branches of the Government is liable and that his acts, as such, bound that nation, es- in 1842, was President under the bases of Tacuto result in permanent differences of opinion, in |pecially when an interest had become vested in a baya, and the conventions of Estanzuela. By the controversies; and by such controversies in this foreigner. The third is, that Mexico has, since sixth basis of Tacubaya, all the decrees to be case, we should embarrass the incoming Adminis- the decree of Salas, recognized the existence and made by the President were directed to be subtration. It is quite apparent that the probability of the validity of the grant, notwithstanding the Con- mitted to the first Congress, (a central Constituadopting any right and effective measure would gressional decree of repeal. I shall briefly notice tional Congress,) that they might be approved or be diminished by a disagreement between the Pres- these replies in their order. The first position of rescinded. The grant to Garay was made of ident and the Senate. These objections would | the committee is, that the Congress of Mexico had course subject to that basis. So also was the seem to me to be conclusive for the postponement of no power to repeal the decree of Salas. By the other extension which was made previously to the these questions, unless those who press their con- Constitution of Mexico, the Federal Constitution one granted by Salas, in his decree of the 5th of sideration now can guarantee that the course which of 1824, if in force at the time, not only had Con- | November, 1846. Santa Anna neyer submitted bey recommend will receive the approbation of gress power to repeal the grant, but no power but the decree of March 1st, 1842, (by which the orithe incoming President. If they are able to give Congress had authority to make any such grant. ginal grant was made,) to Congress, and so that is such a guarantee, and will produce the evidence I refer the Senate to the fifth section of the Con- grant was held for that reason to be void by the of it, this objection will be removed.

stitution of Mexico, which Constitution is here: Congress, which abrogated it on the 22d of May, But, Mr. President, if it be the pleasure of the “Sec. 5., art. 47. Every resolution of Congress shall

1851. Senate to proceed in the consideration of these have the character of a law or decree."

It will be said that Santa Anna had abrogated questions, ihen I have to examine their merits as "Art. 49. The laws and decrees shall be for supporting that sixth basis of Tacubaya. The facts are, briefly as I can. In the first place, I ask the Sen

the National independence; the union of the States, and
peace and order; to maintain the independence of the

that on the 3d of October, 1843, Santa Anna ate to take notice that all these resolutions assume States; to secure an equal proportionment in the assessment

issued a decree to the effect that the responsibility but I admit not without a fair show of argument

of the acts of the Provisional Executive to Confirst, that the American assignees of Don José * Art. 50. The exclusive powers of Congress shall be the gress, created by the bases of Tacubaya, and the Garay have a complete, perfect, and absolute title

following:”
Part 2d. To augment the general prosperity, by decree-

conventions of Estanzuela, was merely a responsi to the right to open a communication across the ing the opening of roads and canals, and their improve- || bility of opinion, that none of his acts could be annulledIsthmus of Tehuantepec; and secondly, that Mex- ment, without preventing the States froin opening or im. and that the contracts entered into by the Provi, ico unreasonably and unjustly refuses to permit || curing for a limited time to inventors, impravers, or those proying their own; establishing posts and mails; and se

sional Executive were in violate. them to do so according to the terms of the grant who introduce any branch of industry, exclusive rights to

It will be seen that even this decree recognizes which they exhibit.

their respective inventions, improvements, or introduc- the bases of Tacubaya, because it treats of the My first answer to these assumptions is, that tions.”

responsibility of the Executive, which was estabthe contract under which this title is claimed, and

This is the Constitution of Mexico, and the lished by the bases of Tacubaya. Then this deupon which it is founded, expired by its own lim- Executive power to make such a grant upon the

cree of Santa Anna was not a subversion of the itation eighteen months after the grant was made. Isthmus of Tehuantepec was reposed in Congress, | Central Constitution and sixth basis of TacuThe Senate will please take notice that this grant and was never in the President, according to that baya, but only a palpable perversion of them, was made by General Santa Anna on the first day Constitution. But what is more, the power of for the purpose of increasing his own adminisof March, 1842; that the surveys were to be made Congress was limited. Congress, while it had an trative power. Did that stand? Was that left by Garay within eighteen months; and that the exclusive power to make canals and railroads the law of Mexico? No. On the first day of work was to be actually commenced within twen- without interfering with the States, had no power April, 1845, the first central constitutional Conty-eight months, which would expire on the first to open the Isthmusso as to interfere with the rights | gress of Mexico was in session; and this decree day of September, 1844. 'So the period of limit of the States of Vera Cruz and Oaxaca which of Santa Anna, absolving the Executive from reation has arrived and passed, it being admitted occupied it. The provisional President, Santa sponsibility to Congress, came under review, and on all hands that that limitation was the condi- | Anna, who had come into power in an interreg- | they on that day adopted an act revising and abtion of the grant. The contract then is void, un- num of the Constitution of 1824, under certain rogating this decree of Santa Anna, and declared less it has been shown by the Committee on conventions called the conventions of Estanzuela, that his responsibility was a direct one; that no Foreign Relations that it has been since renewed

and certain bases, called the bases of Tacubaya, act of the Executive was valid unless it was subor extended. The committee say it has been modified and adopted by those conventions, had mitted to Congress; and that no act was valid that extended; and they produce a decree of Gen- || in 1842 given to his favorite a grant, which, for

was submitted to them and rejected, or not aperal Santa Anna of the 28th December, 1843, by want of compliance by the grantee with its con- proved by them. So, then, the central Constitution which it was extended to the first of July, 1845. ditions, had expired and was void.

was in force on the first of April, 1845, and the ExWell, the extension is at an end, for that day In 1846, the Government established by Paredes, ecutive power was limited to the making of conalso has passed. So the contract has then ceased, and administered by Bravo, was in power. A

tracts, subject to approval by Congress; and the unless it has been still further extended. The com

revolutionary movement, distinguished as the Rev- | original grant to Garay was, by virtue of the mittee say that it has been further extended by a

olution of the Citadel, deposed Bravo and recalled bases of Tacubaya and this Constitution, rendered decree of Salas, the Provisional President of Mex- || Santa Anna, then in exile, and ad interim advanced void, by reason that it was not submitted to Conico, dated fifth November, 1846, by which the Salas, a brigadier general, to the Supreme Exec- | gress and approved by them. time for commencing the work was prolonged to utive power. He came into that office on the I am aware that this examination has led us the fifth November, 1848, within which time the fourth of August, 1846, and limited his own powers through a tempestuous season, in which civil govcommittee say the title vested in the American

by the terms of the plan of the Citadel, and pro- ernment was often overborne in that unhappy fraassignees, and the work was actually commenced. claimed the reëstablishment of the Constitution ternal Republic. But I have shown that during the Now, it will be seen, in the first place, that the of 1824. Here is the decree of Salas, which I have

time of the extension of this grant by Salas, the lecommencement of the work before the fifth of translated and copied from the book of the decrees gislative power was in force, and that in that respect November, 1848, was indispensable to the con- of the Mexican Republic, which lies before me: the Constitution was in absolute effect. I ask the tinuance of the contract, even on the assumption of the committee. The committee say that the work "Ministry of Foreign Relations of Government and Police.

Senate now to consider two propositions. First, “ His Excellency the Señor General in Chief in the ex

that every citizen and every foreigner knew, or was begun within that time. I have not been ercise of the supreme Executive power, has directed to me

ought to have known, of the limitations of this grant able to find proof that it was begun in the papers the following decree:

when taking an assignment of it, and that he knew which have been sent to us by the President. ' In- " José Mariano de Salas, General of Brigade and Chief

he took it at whatever hazards attached to it by deed I think it quite clear, from all the papers

of the Liberating Republican Army, in the exercise of the
Supreme Executive power, to all whom these presents may

virtue of the Constitution and the reserved power submitted to us, that even the preliminary surveys come: Know ye, that in consideration of the state in of Congress; and the second, that the constitutionwhich were to be made within a period of eighteen which the Republic is now found, he has been moved to al Government of the United States, and especially months from the date of the grant, were never decree the following:

the Senate of the United States, is bound to make, actually made; but however this may be, on the

" Art. 1. Until the new Constitution is published, that of 1824 shall govern in all that is not in conflict with the

and will make, every fair and just and liberal in22d of May, 1851, near three years after the de- execution of ihe plan proclaimed in the citadel of this cap- tendment in favor of the wounded constitution of cree of Salas prolonging the contract, the Con- ital on the 4th of the present month, and that the present a people, who have struggled with so much fidelstitutional Congress of Mexico enacted a decree state of affairs of the Republic will permit.”

ity, and so much energy, through seasons of anin these words:

Thus Salas was in power, acknowledging the archy at home and of aggression by a foreign “The decree of November 5, 1816, (the decree of exten- Constitution of 1824, and self-bound to support it, Power, to preserve a Constitution modeled and sion by Salas,) is declared null and void, because the pow. when, on the 5th of November, 1846, he made a copied after our own. It is not here that I expect ers with wbich the Provisional Government of that period wasinvested were insufficient to authorize it. Accordingly

decree, extending an already expired grant, which to see intendments prevail in favor of dictators and the Government will see that this declaration is rendered

was equivalent to inaking the grant itself, which usurpers even in Mexico. in every respect effective in regard to the privilege granted grant was in direct conflict with the Constitution. The honorable and distinguished chairman of to Dou José de Garay."

He exercised no absolute power, but a qualified the Committee on Foreign Relations (Mr. Mason] Here, then, is a grant made on the 1st day of dictatorial power, which was limited by the Con- has already furnished his replies to this argument. March, 1842, by the Provisional President of stitution and by the bases of what was called the First, he says that the Constitution of 1824 Mexico, and here is a law of the Congress of Act of the Citadel.

contained a provision that the Congress should Mexico, passed on the 22d of May, 1851, abroga- We have, then, the decree of Salas, Provisional il have no power to pass an ex post facto law, and 320 CONG....20 Sess.

Tehuantepec Grant-Mr. Seward.

SENATE.

that Congress should have no power to pass a sioner alluded in making this reply was the grant State, that they should meet with no embarrassments, but law impairing the obligations of contracts. I re- of Garay, and the assignment to Manning, Mack

on the contrary, be treated with all hospitality, he has

been pleased to direct that his wishes should be communijoin: A law of Congress refusing consent, which | intosh & Snyder, of which the Mexican Gov

cated to you, as I now have the honor to do, officially; reit was stipulated that Congress might give or re- ernment then had notice; which assignment, as peating, at the same time, the assurances of my esteem. fuse, is not an ex post facto law. A contract which I have before shown, was an assignment of the

God and liberty!

LACUNZA. by its terms is not valid if Congress shall dis- lands conceded with the right, and not of the right

His Excellency the Governor OF THE STATE OF OAXACA, approve, is not impaired by the decree of Con- to open the Isthmus of Tehuantepec, which last- There is nothing in the letter, nor in the orders, gress refusing to approve it. Secondly, the chair- | mentioned right, according to the notice which

which recognizes the validity of the Garay grant, man replies that Salas, nevertheless, was the had been served upon them, expressly remained

or of any title of any assignees under it. It is Government de facto of Mexico, and that his acts in Garay. This is a sufficient angwer until the utterly preposterous to ground upon this act of bound the Republic of Mexico, especially where commitiee can show that the Mexican Govern- courtesy and hospitality by the Mexican Minister foreigners had obtained an interest." I rejoin, with ment knew that some other assignment had before of Foreign Affairs, a recognition of the validity of great respect, that Salas was not an absolute that time been made conveying the privilege, and

the grant to Garay, or the assignments to those President, nor even a President at all; but he was that notice of that assignment had been received who claim under him. de facto the head of the Government, subject to by the Mexican Government. But suppose the

The committee rest their assumption, fourthly, the Constitution of 1824. He obtained power, I | Mexican Commissioner did make a statement

upon the facts stated by them, as follows: confess, irregularly; but he exercised it under the which was unintentionally, or even intentionally

«. This is not all: the Government of Mexico at once as

sented to enter into negotiations for the proposed treaty; Constitution, and was thus a limited and consti- | erroneous in point of fact, would that statement

and a convention for the joint protection of the work thus tutional Executive.

divest Mexico of her right? The law of estoppel to be executed by American citizens, as assignees of the But the Committee on Foreign Relations make which prevails between individuals in conducting Garay grant, was concluded at Mexico, in June, 1850, and

sent to the United States. To this convention certain moda still further reply, which is, that the Mexican | their own affairs has never been, and never can

ifications being suggested by the Secretary of State, at Government has, since the 6th of November, 1846, be, applied to the intercourse between nations who

Washington, it was returned to our Minister in Mexico, the date of Salas's decree, recognized the exist- are passive, and whose communications with each and the whole terminated by a new convention, signed at ence of this grant, and the validity of its assign- | other are always carried on by agents possessing Mexico, on the 25th of January, 1851, with the approval o

President Herrera. This last convention was ratified by ment to the American claimants. 'I shall exam- such measure of capacity and of virtue as they

the Senate of the United States, and returned to Mexico, ine with great deference the evidence which they may happen to obtain.

and finally rejected by the Mexican Congress, in April, give of this recognition. The committee rest their The committee rest their assumption, thirdly,

1852." assumption, first, upon the fact that in 1846 and upon the facts as stated by them, that,

The committee do not mean to be understood 1847, the assignment of the grant to Manning &

After the assignment of the grant to the present Amer

it would be discourtesy to them, it would be unMackintosh was duly notified to the Government ican holders, the Minister of the United States in Mexico fair to suppose they meant to be understood—that of Mexico, and on their complaint President Her

was instructed by his Government to apprise that of Mex- the facts that the President of Mexico signed one

ico of the desire of this company to commence their work rera issued orders to the governors of Oaxaca and

treaty, which was sent to the United States and by a thorough survey of the Isthmus; and the Minister was Vera Cruz to prevent the cutting of mahogany on further instructed to make overtures for a treaty securing rejected by them, and then signed another and the granted lands by any others than those acting to the enterprise the joint protection of the two Govern- sent it to the United States, and it was accepted by under their authority.. I rejoin: The notice given

ments. The Mexican Government, as we learn from the them and returned to Mexico and rejected by the by Manning & Mackintosh to the Government of

correspondence of Mr. Letcher with the Mexican Minister
of Foreign Relations, made not the slightest opposition in

Mexican Congress, which had power to reject it, Mexico, and relied upon by the Committee on "forwarding passports, and issued orders to the departments constituted a recognition of any fact recited in Foreign Relations, is not produced. It is not here. of Oaxaca and Vera Cruz, not only to avoid interposing either of those incomplete treaties. That would No assignment has been produced except that made

any obstacles in their way, but, on the contrary, to afford be to draw the recognition of the validity of a

them aid and hospitality, on the 26th of July, 1847, which was an assign- | adds, were accordingly sent, the ports thrown open for

The engineers,'Mr. Letcher

claim from an attempt to negotiate a settlement of ment by Garay to the British proprietors, Man- | their supplies, and more than 8100,000 have been expended

it. All pretense that Mexico has in any way ning & Mackintosh, and Snyder & Co., and which in surveys, opening roads, &c., besides a large sum of compromised herself by this negotiation will disnotice was given to the Mexican Government after *money in furnishing inaterials,'" &c.

appear from the case when I shall show the his. the decree of Salas, and was an assignment express- Will the Senate look into these papers? They tory of them. The first treaty was made during ly limited to the lands ceded by the grant of Santa will find that although we have the letter of John the time of that good, just, and true old man, Anna, and it excluded the privilege of opening | M. Clayton, Secretary of State, of the date of Zachary Taylor, and in the time of the adminisThe assignment was made under the conditions ter in Mexico, informing him that Mr. Hargous guished and accomplished diplomatist and just annexed to the grant of Salas; and the assignees had notified the Department that he was the rep- | negotiator, John M. Clayton. Here is the first took the benefit of the acceptance of the notice | resentative of the claim in this country, and had article of the first draft of the treaty which was with an express acknowledgment that the right | employed engineers whom he wished to send to sent to Mexico: to open the Isthmus of Tehuantepec remained in Mexico for the purpose of making surveys, and “ ARTICLE 1. Individuals upon whom the Mexican Gov. Garay, and had not been at all ceded to the assign- requesting Mr. Clayton to give such instructions,

ernment may have bestowed or may bestow the privilege of

constructing a road, railroad, or canal across the Isthmus ees; and consequently, whoever held it after that yet we have not the letter written by Mr. Letcher of Tehuantepec, and those employed by them, shall be properiod held it subject to the condition prescribed to the Mexican Government asking for the pass- tected in their rights of person and property from the inin the decree of Salas-that foreigners taking the ports and instructions; and so we have no evi- || ception to the completion of the work." benefit of the assignment, should be denacional. dence whatever of what communication was made, Not only is there no recognition of the Amerized.

and upon what communication by Mr. Letcher to ican assignees of the Garay grant, and no recogBut what was the effect of these orders of Her- || the Mexican Government it was that the passports | nition of that grant itself in this article, but there rera, the President of Mexico, to the Governors of || and the orders to the Governors of Oaxaca and is a careful exclusion of any such statement. Oaxaca and Vera Cruz? They were orders to Vera Cruz were given. Without this knowledge, Here is the fifth article of that treaty of Mr. prevent depredations and trespasses on those lands | unless the passports which were obtained, and the Clayton's: by-anybody except those who claimed to have ob- orders which were issued, recognized the validity

"ART. 5. In any difference which may arise between tained them under the grant ceding the lands to of the grant, the transaction implied no recognition the undertakers, either the present or the fulure, of the Garay; but it appears that the Government of | of a right. I will not trespass upon the Senate by

work, whicb may involve the loss of the right to the privi Mexico at that time understood that those claim- | reading these Spanish passports. They are like

lege, the complaining party shall draw up a statement of

its pretensions and motives, and a similar statenient shall ants did not claim the right to open the Isthmus, all other passports, mere printed circular letters of he drawn up by the other party, and both statements shall and only asked protection for the enjoyment of protection, given by a Mexican consul at New be sgbmitted to two arbiters who hold no diplomatic aptheir lands. That protection and enjoyment of Orleans to foreig.ers traveling into Mexico. They pointment or commission, and who reside in the Mexican

territory. One of these arbiters shall be appointed by the their lands has never been denied by Mexico. | are such as any American citizen, whether engi

holders of the privilege and the other by the Government of But even if this were not conclusive, there is neer, or any other belonging to New Orleans or

Mexico; and these two, in case of disagreement, shall apanother point. If the President of Mexico could to New York, obtains from his own Government point a third, with the qualifications above required, and not make such a grant, he had no power to make whenever he sees fit to go abroad.

from the decision of these arbiters there shall be no appeal an admission, the effect of which would be to es- Here is the letter of the Mexican Minister of

or recourse whatsoever. Of all other questions which may

arise the Mexican tribunals shall take cognizance." tablish the grant. If the President of the United | Foreign Affairs to Mr. Letcher, which accompaStates should admit that half the State of Maine, nied a copy of the orders issued to the Governors: || General Taylor and Mr. Clayton; and then also

But then came into power the successors of or any part of it belonged to Great Britain, that admission would not affect the boundary line of

Mexico, April 5, 1850.

, } reappeared Mr. Peter A. Hargous, a merchant, Maine in the least.

ESTERMED SIR: I have the honor to inclose to you a copy claiming to be the representative of this grant; and

of the order of this day, directed to his Excellency the Gov- then it began to appear that there was a speculaThe committee rest their assumption, secondly, ernor of Oaxaca, for the object which it expresses ; another tion behind this great enterprise, more important upon the fact that,

copy of the same will be sent to the commandant general of
the said State.

to the Government of the United States, and more “ In 1847, whilst the treaty of peace was under negoti- I basten to give information of the same; repeating my

objectionable to the Government of Mexico, than ation, Mr. Trist, the Commissioner on the part of the United Stales, by instruction from his Government, proposed self your attentive servant, who kisses your band,

the enterprise itself. Here is precious evidence of

J. M. LACUNZA. a large money consideration to Mexico for a right of way His Excellency R. P. LETCHER, &c., &c.

it: On the 26th day of August, 1850, Peter A. across the Isthmus of Tehuantepec, and was answered

Hargous wrote a letter to the Secretary of State, in that Mexico could not treat on this subject, because she

And here are the orders themselves:

which, after reviewing the treaty of Mr. Clayton, had, several years before, made a grant in one of her own

Mr. Lacunza to the Governor of Oaxaca. citizens, who had transferred his right, by authorization of

which had then been remitted by Mexico duly the Mexican Government, to English subjecis, of whose

Mexico, April 5, 1850. rights Mexico could not dispose." },

Most EXCELLENT SIR: Several American engineers hav.

signed by the Ministers of the two Governments, ing been appointed for the purpose of examining the possi- || he said, (referring to Mr. Letcher:) On this point the Mexican Government ex

bility of opening the communication between the two seas, " I trust, therefore, that you will pardon me for suggestplains, thai the grant to which their Cðmmis

by way of the Isthmus of Tehuantepec; and desirous as is | ing that it might be advisable, that he should be officially bis-Excellency the President, during their travels in your informed of the movements abovo adverted to, and in321 CONG.....20 Sess.

Tehuantepec Grant-Mr. Seward.

SENATE.

act such terms."

to one.

structed to lose no time which can be saved, in bringing the power to take the whole or any portion of our territory sion of this grant by an assignment which was his negotiation to a speedy and satisfactory close.”

you may think fit; we have not the faculty to resist.

We Mr. Webster complied with this request of have done all we could do to satisfy your country, and to

made upon the express and published condition

of an absolute denationalization; and yet we are Mr. Hargous, and made a new draft of a conven

* What is required of us we cannot graut. If Mr. Webster interposing in their behalf upon the ground of tion, carefully recognizing the Garay grant. Here knew our exact condition, if he knew the precarious ten- the very privileges of alienship, which they reis the first article of it: ure by which we hold power, the violence and strength of

nounced to acquire the rights, and we are claiming “ ART. 1. The person to whom the Government of Mex

the opposition, the refractory spirit of the States, and the ico may have granted, or may in future grant the privileges peculiar prejudices of our people, surely he would not ex

rights for those who, if they have an assignment,

are held by it to have renounced altogether their for constructing a road, railroad, or canal, across the Isthmus of Tehuantepec, pursuant to the decrees of that Gov. But Mr. Webster did exact. Castilian pride citizenship of the United States. We are required ernment of the 1st of March, 1842, 91h of February, 4th of October, and 29th of December, 1843, and 5th of November,

gave way. Arista and his ministers succumbed, to make reprisals or war against Mexico for vio1846 ; all those employed in the works of construction, and and the Tehuantepec treaty, with its odious re

lating their rights under that very contract. Let all others who may reside on the territory within the limits citals, was signed. And now for the result. Hear

us see how, in point of fact, the assignees stand defined by the grant according to the terins of the grant it. the report of the Minister, Mr. Letcher:

in regard to this assignment. You will take nosell, shall be protected in their persons and property from the commencement of the work until its completion, and

“LEGATION OF THE UNITED STATES OF AMERICA,

tice that no assignment was ever publicly known,

or communicated to the Mexican Government beduring the period for which the privileges are granted.”

Mexico, April 8, 1851. The decrees here recited are those which con

“Sir: The Tehuantepec treaty, I regret to say, was re- fore the decree of Salas extending the grant; but

jected last night by the Chamber of Deputies, a bare quorum after the decrees of Salas, Garay made known to veyed the grant to Garay. So Mr. Webster re- being present, in a few minutes after it was submitted by

the Mexican Government that before the decree he jected the treaty drawn by Mr. Clayton, sent to

the Governinent for consideration, by a vote of seventy-one Mexico and accepted there, which did not recog

The result, so far from being a matter of surprise

had made an assignment to Manning & McIntosh, to me or to any one else in this country, was most confident- and Snyder & Co. They have never produced that nize the Garay grant, and sent back a treaty which ly anticipated. The few Deputies who were favorably dis- previous assignment to this day. It is not among did, in express words, recognize it, and he in-posed towards the measure, knowing perfectly well that

the papers before us. Whether such a one was structed Mr. Letcher to try to get this treaty

they would be instantly denounced as traitors to their coun-
try in case they voted for it, deemed it expedient to absent

ever made, and whether it was fraudulent, whether adopted by Mexico. On the 22d of October, 1850,

themselves from the Chamber when the vote was taken. it contained what they said of it, or not, there is Mr. Letcher reported his ill-success in these words: “ Such was the intemperate and uncompromising hostil- no evidence; but the only evidence they have is a

“I submitted to the notice of the Minister of Foreign Re- ity to the Garay grant, that no Mexican in or out of the lations the several alterations you desired to make to the

title by an assignment subsequent reciting that Chamber, not even those who held a direct interest in it, Tehuantepec treaty, expressing at the same time the confi- dared 10 whisper a single word in its support. In fact, the they had a transfer made before the decree. Here dent hope that bis Excellency would find no difficulty in Deputy who voted for the ratification declared his judgment is the notice which Garay gave to the Mexican readily yielding his assent to eacb and all of them. In reply was opposed to it in every particular, but fearing its rejec- Government of the assignment which he had made to this observation he remarked, his Government had been tion might occasion another war between the two countries,

to those parties: most severely and shamefully censured for agreeing to the he felt compelled to vote for it. treaty as it not stands ; that he was sorry to say it was

« It is altogether impossible to make a treaty having the “ With these views, (those concerning colonization,) I quite unpopular in his country; that he himself had been least connection with the Garay grant."

succeeded in concluding a contract with the house of Messrs. denounced as a vile traitor for the part he had taken in it; still he was resolutely determined, he said, fearless of all

That is Mr. Letcher's report. And now I ask

Manning & McIntosh and Snyder, & Co., independent of

that for constructing a way of communication between the consequences, to do any and everything he could to carry my honorable friend from Virginia where it is in

two seas, by which contract) those gentlemen are to introout in good faith, a measure of so much importance to the these negotiations that he finds that Mexico rec- duce settlers on the lands.” two Republics.” ognized the validity of the Garay grant?

The fifth article in that very deed of assign" A further discussion of an hour ensued. He adhered I have no hostility to the Garay grant, or to

ment recited that Garay did not convey to them, most obstinately and fiercely to his objections. Whereupon

its assignees, or to their enterprise. I therefore but actually reserved to himself, the right to open I took the liberiy to tell hini, in very plain language, I was shall hold my own mind in reserve to form a

the Isthmus, in these words: pot at all satisfied with his opinions, or with his reasous; favorable judgment upon them in future, instead and therefore requested to be heard before the President and

« That by this transfer on the part of the covenanter, his Cabinet upon the points in dispute.” of endeavoring to bring other Senators to the

Don José Garay, it is not to be understood that he confers Sir, I should like to see what answer the minis- | assignment is unavailing; and I will now present conclusion that the grant is invalid, or that the upon Messrs. Manning & McIntosh and upon Snyder &

Co. any right whatever to carry On NAVIGATION FROM ter of any Power on earth would receive who the deductions I make from the case, which I have

ONE SEA TO THE OTHER;" should come to the Secretary of State of this na

thus traced out by history and argument, in a And then grunts them the navigation of the tion, and tell him that he was not at all satisfied negative form, to wit: First, that the Committee on little river on this side of the Isthmus, (Coatzacohearing before the President and Cabinet! What Foreign Relations do not show that the American alcos,) so far as may be necessary to the enjoy

ment of their lands; and then adds, as a further is just and right for one Power, is just and right | the Isthmus of Tehuantepec; and, secondly, that and superlative precaution, an additional reservafor another. If we exact justice or courtesy from they do not show that the validity of the grant has tion of non-interference with his privilege of interthe strong, we should concede it to the weak. Mr. been recognized by Mexico since its abrogation oceanic communication. On the 13th of JanuLetcher obtained his hearing before the President, by the Mexican Congress.

try, 1849, to wit: two months after the expiration as will be seen from his report in these words:

Here I might leave the question; but in that of the two years of extension allowed by the de" To this he cheerfully agreed ; and the next day at 11 o'clock was the time fixed upon for this meeting by the

case I should leave undone what it is the duty of cree of Salas, Manning & McIntosh announced permission of the President. At the appointed moment, I

some Senator to do-exhaust the subject and pre- to the Mexican Government, “that Don José Grefound the President and his Cabinet all in attendance. They sent fully the grounds of the votes which must be ray had transferred to their house the privilege of congave me a cordial reception, and the most attentive and

given against the resolutions before the Senate. structing a way of communication between the two seas respectful hearing imaginable, for an hour and a half; and upon taking leave, I was assured, in the kindest manner,

You will perceive that hitherto I have assumed, || by the way of the Isthmus of Tehuantepec.' should have everything I desired that they could possibly | in this argument, two things: first, that the grant ceiving this note, the Mexican Government a:ted degive mic."

to Garay was assignable; and secondly, that an cidedly and promptly, reminding the assignees that ( The chief arguments urged against the amendments in

assignment was made by Garay which has come that part of the grant was untransferable, and also question appear to be these :

to be vested in the hands of American citizens. that ihe whole grant was extinct; the last extension "]: That they infringe upon the sovereignty, the honor, Proceeding upon these assumptions, I ask you to granted by Salas, like all the preceding ones, having the dignity, and national pride of Mexico.

take notice of another important point in the case. expired without commencing the work. “2. To adopt them would be at once to paralyze, to disgrace, and in short to overthrow the present administration.

It is indisputable that whatever conditions Salas It remains on this point only to say, that what“3. That a treaty with such provisions would be rejected

attached to his decree, entered into the assignments ever title any American citizens may have, they by the Mexican Congress (probably) without a single dis- when made. Let me show you the conditions im- have only the same title which Manning & Mcsenting voice, and therefore would be of no use to the United | posed by Salas:

Intosh and Snyder & Co. had, with all its imStates, whilst at the same tine it would be the ruin of the party in power."

Art. 13. It shall be an express condition in all con- perfections on its head.

tracts with colonists, that they sball renounce the privileges I shall omit the question whether the original Mr. Letcher then appears to have tried what of their original domicil so long as they reside in the coun

grant of Santa Anna to his favorite Don José Gavirtue there was in threats. Here they are: try, subjecting themselves to all the existing colonial regu" Since the final decision was had, the President and lations which are not in conflict with the present law.

ray, of the privilege of opening the Isthmus, was

"Art. 14. The enterprise shall submit for the approval assignable. The Mexican Government say that every member of his Cabinet, have manifested the deepest of Government all contracts which it shall make for the in- it was not; that Garay was intrusted to execute a concern lest you should be displeased at the result, Gen. troduction of families and laborers, and it shall keep a puberal Arista, who is the master-spirit of the Government, is

great national work as a mere agent. If such a exceedingly uneasy. Every day or two a message is sent

lic and authentic register of all its transactions in respect to by some of the members of the Cabinet expressing regrets all matters of colonization.”

question as that should arise in the United States,

what should we say? The President of the Uniand hoping I am not dissatisfied. The only answer I have

I have translated these conditions from the record | ted States every day issues commissions to indiinade is, Mexico has committed a great error.

of the decree which is before me. Let me show | viduals to perform certain duties. Congress every “It may also be proper to add, during the various discussions which took place in relation to the points in dispute,

what was the contemporaneous exposition of them | day pass 'laws authorizing individuals to build Lavailed myself of a suitable occasion to say, in the event | given by. Salas, and which accompanied the ap- || custom-houses, &c. I would like to know who Mexico refused to enter into a fair treaty for the protection proval of the assignment. Here it is: of the enterprise, my Government, in justice to her own

there is in Congress, or out of it, that would admit citizens, who had made large investinents in the under

According to the spirit of the aforesaid law, this renun- that an administrative officer, or an architect upon taking, was determined to take the atrair into her own ciation must take place in the most positive and conclusive

a public building, has a contract which he can ashands."

manner on the part of the settlers, so thal, whatever cir

cumstances may happen, and whatever measures these may sign to a foreigner, and thereby convey to a foreign Now, let us hear the answer of this exotic and require, neither the selllers aforesaid nor the proprietors Power the right to tell us that we must execute the wind-shaken branch of the ancient and chivalrous may not, in any case, nor for any cause, plead alien priv

contract with its subjects. family, which, on its native peninsula, once gave ileges, nor any other privileges except those which have been

Mr. DOWNS. ( would ask the Senator to laws to both hemispheres. Here it is; and it will try to which both their persons and their property must be granted, or may be granted, to then by the laws of the coun

state, if this contract be not assignable, why it was remain imperishable as the answer of an oppressed, subjected; and without this requisite they will not be ad- that the Mexican Government declared to Mr. but high-minded, and generous people:

Trist that it was assignable, and that it had been " Your Government is strong; ours is weak. You have Here are American citizens claiming the exten- 1 assigned? Is not the Mexican Government as

On re

milted."

32p CONG.....20 Sess.

Tehuantepec Grant-Mr. Seward.

SENATE.

competent to decide that question as the Senate of guished Secretary of State. What is the opinion || sacredly madem.then it is consistent with the duty the United States ?

of the New Orleans company upon that subject ? | of the United States, and it is their bounden duty, Mr. SEWARD. If my honorable and very Mr. Hargous tells us, in his letter to the late Sec- either to tender to. Mexico, or to wait till Mexico esteemed friend from Louisiana, who argued this retary of State, Mr. Webster, when invoking the shall tender to them, a proposal to submit this case with great ability the other day, had not had intervention of the Government:

dispute to an arbitration consisting of two perhis attention diverted, he would have seen that I “They are aware that in ordinary cases it is not the prac- sons, one of whom shall be named by each Power, have already anticipated the question which he has tice of the United States Government officially to interfere or to the arbitration of a foreign nation. This propounded to me. I threw out this view of the

in behalf of citizens of the United States, who may com.
plain of the violation of a contract which they may have

disposes of the resolutions of the committee. subject to show that what Mexico insists upon

entered into with a foreign Government; but inasmuch as Mr. President, I am approaching the end of this has at least the merit of plausibility: I ask only all general rules have their exceptions, and as the interest long discussion, and I shall dismiss now Don José that it be so considered. It is enough for my pur

of the American Government and public, and especially | Garay, his grant, his assignment, his assignees, pose that according to the view which I have taken,

those of the citizens of the West and Southwest, are largely
involved in the success of the Tehuantepec enterprise, they

and their grievances. I come to a second ground, the committee have not shown the validity of the Hatter themselves that in any just complaint they may have which has been assumed, not so much in the report, assignment, and the validity of the title of the cause to prefer against the Mexican Government, they shall as in the speeches of the honorable Senators who claimants.

receive the hearty protection of their own. I ask you now to consider what are the un- “ Your answer upon this point especially is respectfully

support these resolutions, viz: That the United reasonable demands which Mexico makes, and solicited, and will be anxiously awaited."

States have a publicinterest in opening the Tehuanwhich it is supposed that we cannot allow; and I

Here are these proprietors telling the Govern- | tepec communication as an oceanic connection, shall take that in the words of the honorable

ment of the United States that they know that which renders it the duty of the United States on chairman of the Committee on Foreign Relations, nations, as practiced by this Government. There what they ask for is an ezerption to the law of

this occasion to adopt the resolutions submitted to (Mr. Mason:)

us upon this subject. I have to say, in the first is the honorable Committee on Foreign Relations place, that as any defect in the Garay claim, or in “In all the propositions which have since einanated from the Mexican Government, in their proposals inviting new

telling us that the rule is universal. I shall sub- the assignments of it, cannot be cured by the companies to construct this work, they have imposed limitscribe to this rule with some qualifications, which

existence of a coincident public interest on the ations and restrictions which must discourage all from at- I will submit to the consideration of the Senate. part of the nation, so also this public interest tempting it, or which would have the effect, if complied The first qualification is, that the rights of a citi

which is thus brought before us is not aided at all with, of leaving that work exclusively in the charge of the Mexican Government. The propositions are of this char

zen, which the Government is bound to protect, ll by the Garay claim. If it is the right of the Uniacter: the contractors are required, in the first place, to are just rights-not unjust ones; that they are not

ted States to compel Mexico to enter into a stipu. acknowledge the unqualified sovereignty of Mexico over unjust, unconscientious, or immoral righis. lation to open the way, that right is absolute and the transit, and her right to impose any political charges Mr. MASON. What is an unjust right? independent of the Garay grant, whether that whatever upon persons or property passing over it. They are required to acknowledge a concurrent right in the Gov. Mr. SEWARD. I say just rights in distinction grant be valid or otherwise. Upon what ground ernment of Mexico to fix the corporate charges. They are from legal rights. According to the honorable

is it that the Committee on Foreign Relations required to agree to place their mail steamers under the Senator's notions and mine, there are things that

claim this right? Hear the honorable chairman national flag of Mexico, and all their vessels are to be subject to tonnage and lighterage duties. They are required

are right because they are declared by law. There of that committee. to agree to transport no troops or munitions of war across

are things that are right whether they are declared “ I come now to look at this question in another point of the Isthmus, except with the express permission of Mex

view. I lay it down, without hesitancy and without fear, by law or not. The second qualification is, that ico. They are required to discriminate in favor of such na

that we have a right to a way across Tehuantepec. Accordthe rights which the Government is bound to protions as shall guaranty this monopoly, by deducting twenty

ing to public law, this Government may demand of Mexico five per cent from the corporate charges in their favor; tect, must be certain and absolute, not uncertain

a way across Tehuantepec; and Mexico cannot refuse it they are required to transfer the work at cost to Mexico,

or doubtful. Third, that the right of the individ- unless she becomes disloyal to the general compact of naand, more than all, those who are there coustructing this

tions. What is a right of way? Every one is familiar ual to the protection of his Government is subor

with that. work are required to renounce their right to the protection

It pertains to individuals in life as it pertains dinate to the general welfare and interest of the

to nations. I understand that writers upon public law deof their own Governments, and become de facto Mexican citizens."

State. Upon this point, as the honorable chair. rive it from that primitive state, when the entire carth was Now, sir, you see what the whole difficulty is; || will repose myself on Mr. Webster's reply to the man of the committee will give some authority, I common to all men, and passage over it was free to all, ac

cording to their varied necessities. Sucb was the nature that what is claimed for these American proprietors | letter of Mr. Hargous, which I have already sub

of this right before Government was formed, or the instiis that they shall not be obliged to denationalizemitted:

tution of separate property ordained. By these, the right

in question was only limited in its exercise ; it was not dethemselves, but that Mexico shall be obliged to

“ Should the event prove otherwise, however, it cannot

stroyed; and it revives and resuscitates whenever there is denationalize herself; that the Congress of the be doubted that in such a case, in which the interests of in

a necessity making the way indispensable. It is illustrated United States, or the citizens of the United States, dividuals would be obviously subordinate to those of the public,

in familiar life every day. If I purchase a piece of land shall have control over the commerce of the Isth- any other means whieh might be necessary for your protec

so surrounded by the possessions of him from whom it is mus in all the particulars which have been read tion would be authorized and employed."

derived that I have no way out to mill or to market, I may

take it, as a right incident to the acquisition. It is a prinfrom the speech of the honorable Senator. Now,

The protection which a Government owes to ciple resulting from necessity, and is modified as circumconsider the condition of the United States, which

its citizens is a protection according to circum- stances may require. A way impracticable in its use is the I will not portray; consider the present condition stances—a protection consistent with public jus

same thing as no way at all; and such is the exact postitre of Mexico, which I need not describe; consider tice and the public welfare. The Government may

of our present way across the northern continent. We

purchased California from Mexico, paid a large equivalent the character of the population of the United States discharge itself of its obligations in some cases, by for it, and we have in fact no way across our own contiand of Mexico, which I need not illustrate; con- || leaving the individual to maintain his domestic nent to get to it.", sider the extent of the franchises thus insisted | rights in the domestic courts, and it may leave the That is, the law of nations gives us the right to upon, and tell me what result can happen to Mex- citizen who has rights under a foreign Government

cross the Isthmus of Tehuantepec, and it is an abico, by her conceding what is demanded of her,

to seek redress from that Government in its courts solute right. As it is by virtue of the higher law, short of a dismemberment, sooner or later, of the

or otherwise. There never was, and never will higher than treaties, higher than the Constitutions Mexican nation, adissolution of the Federal Union

be a Government which can be under an obliga- || of the United States and of Mexico, the law of of the States, and the extinction of the Republic of || tion to its citizens by which one of them, having, i God, which is the law of necessity, it is a perfect Mexico, even if, while we are here, that extinc for the purpose of commerce or speculation, || right. I have to say on this argument, in the first tion has not already come about. Sir, in that case

made a contract with the subjects of another coun- | place, that when we had such a right, one so perfect, Mexico will not be a self-sustaining Power. She try, or with the Government of another country, and descending to us so directly from Almighty must be sustained by somebody. Except the can ipso facto involve the nation to which he be

power and Divine justice, it was most bungling diUnited States, there is no American power that can longs in reprisals or war, to compel that Govern- || plomacy to rest that right

upon the grant of the guaranty the maintenance of a Government in ment to execute its contract. . That would be to

Mexican Government to Don José de Garay, I Mexico. The United States will not consent that enable one citizen, at the suggestion of his own have to say, in the second place, that while I might any European Power shall guaranty the preserva- | interest or caprice, to put in jeopardy the interest, not deny that we have the right to a way across tion of a Government there. The Monroe doc- l welfare, happiness, or safety, of all other citizens. Mexico, there is still another question which the trine, and the traditions cherished by us, prohibit Least of all can there be any such principle of the honorable Senator has not disposed of. I remember that. What then? As a consequence of making law of nations applied in a case where the con- a comedy which I saw acted once, in which the pathese concessions, Mexico must fall into the Uni- | tract is disputed, or of doubtful morality or valid- rents of iwo lovers sought to oppose their union unted States.

ity. This disposes of the first proposition of the der a mutual mistake. It resulted in their flight and Mr. President, I began this examination, if not committee.

marriage, and when they presented themselves for in favor of the propositions of the committee, at

Their second proposition is:

forgiveness, the parents found that just exactly « That should Mexico within a reasonable time fail to

the union which they had desired and studied to to support these claimants. The result is not

reconsider her position concerning said grant, it will then
become the duty of this Government to review the existing

bring about was what had taken place, and which satisfactory. I am obliged, therefore, to say that relations with that Republic, and to demand such measures

they had opposed, under the supposition that each I cannot vote to sustain the resolutions. I will as will preserve the honor of the country and the rights of had some other party in view. The father of the now briefly review the points made by the comits citizens."

groom was obdurate. The father of the bride said, mittee, in my own order. And first, this point is

This is a corollary from the first proposition, l 'Well, now, will you not forgive your son? Have made by the committee:

and falls with it. Their third proposition is: you not got your own way after all ?" The inflex" That the United States stands committed to all of its

"That in the present posture of the question, it is not ible parent replied,“ Yes, I have got my own way, citizens, to protect them in all their rights abroad as well as

compatible with the dignity of this Government to prosecute at home, within the sphere of its jurisdiction.” the subject further by negotiation. If Mexico, iherefore,

but I have not got my own way of having it.” shall offer further negotiation, it shall be declined, unless it

Now, I ask the honorable chairman of the commitI hope the Senate has considered the length and shall be offered based upon our own terms."

tee, whether besides having an absolute right, by the breadth of this proposition. I am obliged to This, also, is a corollary from the first propo- | the higher law, to the road across Mexico, we ask some modification of it. I am glad to know | sition, and falls with it. Moreover, if it be con- have a right to our own way of having it? I think that I have the support of Mr. Hargous, who has sistent with the dignity and honor of this nation

not. charge of this claim, and also of the late distin-ll to abide by its treaties-treaties solemnly and

But, sir, the honorable Senator supposes that New SERIES.No. 10.

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32D CONG.....20 Sess.

Tehuantepec Grant-Mr. Seward.

SENATE.

this right of way over Tehuantepec inures to us place in no other way, except under the privilege granted If you will be the carriers of Europe and of Asia, by virtue of a higher law, upon the ground, that

to Don José Garay. This pretension (which Mr. Letcher
believes himself bound resolutely to uphold) has caused the

if you will be the carriers in even your own ina portion of our territory is behind Mexico and utter failure of all pending negotiations by blocking up all

teroceanic commerce, you must receive, you must another portion before Mexico, and it is necessary the doors to a prudent compromise; it is altogether incom- convey, you must deliver merchandise within your for us to pass through Mexico in order to go from patible with the decree of Congress, which declares the own temperate zone, not within that torrid zone

privilege of Garay to have become extinct, in consequence one part of our possessions to another, like a far

whose heats are noxious to animal and vegetable of the illegality of its extension ; under such circuinstances mer who has a right to go to another part of his

it was impossible to negotiate a satisfactory treaty, and if | productions, and while so deleterious to the artiown farm over another man's lands, [remind the negotiated, nothing would have been gained by it, for Con cles most abundant and most essential to the subSenator that we voluntarily placed ourselves be- gress was determined to reject it."

sistence of man, pestilential also to human life hind Mexico; and I think that if I go and take a Now, sir, you have only to contemplate one

itself. This is the communication across this confarm behind another man's farm, or the soil under

more grade in the humiliation to which you have tinent which you want. his farm, I have no right to reach that new pos- brought Mexico, to bring compunction to your

But I shall be told, as I have been told by the session by going across, and over, or upwards, heart. Here it is: Mexico has not only offered advocates of these ill-starred resolutions, that a and through his farm.

you this very right on the condition that you railroad across our own domain is not feasible. I Fourthly: At the time we acquired our posses- would relinquish the Garay grant, but she has shall give but a brief answer to that—an answer sions on the Pacific, we applied to Mexico to give offered to indemnify-ay, to indemnify the as

in the letter of an illiterate man, whose experience us this very right of way across the Isthmus of signees of the Garay grant for pecuniary losses:

enables him to bear conclusive testimony: Tehuantepec, and she gave us good reasons why “ In answer to a suggestion or two I had the honor to

Washington, February 4, 1853. / she thought she had rather not. We assented

offer, I understood bis Excellency to say, in so many words, Sir: I have the honor of replying as follows to your note and waived the demand, and permitted her to rise in order to avoid all difficulties that may probably arise, in of the 2d instant, making certain inquiries regarding the from the earth, upon which we had prostrated case the treaty shall be rejected, Mexico is willing to indem- practicability of building, and the best location for the pro.

nify the holders of the Garay grant, and also the New Orher, without surrendering this right." Now, I

posed Pacific railroad, that I think it is perfectly practicaleans company, for the money they have heretofore ex- ble, and the best route will be found by going into the valthink it is too late to insist upon it. pended in the enterprise.

ley of the Rio Grande at Albuquerque, and thence crossing Fifthly: If our real object in obtaining the right “In my dispatch of the 29th of October, I mentioned that over by the Moqui villages and Little Colorado river to of way across the Isthmus of Tehuantepec is to

the minister had used this remark, in substance: Mexicn Walker's Pass in the Sierra Nevada, and from there down open an interoceanic communication for our own

is prepared to stand all the consequences that may result the San Joaquin valley to San Francisco.

from a rejection of the treaty.' I am now preuy well satis- I have crossed from New Mexico to California by four benefit, and for the welfare and benefit of man

fied he meant pecuniary consequences, and nothing more.different routes, namely: Cook's Sonora route, the Sali river kind, the right has already been offered for our -Letter of Mr. Letcher.

route, that recenuy followed by Captain Sitgreaves's party, acceptance, and the offer is still open. What has Senators, behold here the fundamental error in

and the old Spanish trail; and the one I have before de

scribed (Captain Sitgreaves's) is, in iny opinion, decidedly been already quoted proves this. But for greater all these transactions—the error which might have

the best. It is shorter, more direct, and has more timber certainly, hear your Minister, Mr. Letcher: been, and ought to have been, perceived a private and level country, fewer mountains, inore cultivated, and

“ Recently I have had several earnest conversations with speculation with which the Government had noth- perhaps more cultivatable land than any other route. Mr. Ramirez, regarding the treaty of Tehuantepec. Our ing to do, combined, mingled, confounded with a

I have trapped on nearly every stream between Cook's

route and the Gwat Salt Lake, and am well acquainted interview two nights ago lasted upwards of four hours. great national enterprise-a private speculation, with the region of country between these places. His Excellency, upon each occasion, manifested great concern upon the subject, and was evidently very much sur

undertaken on public account. A great national Very respectfully, your obedient servant, prised at my apparent indifference. It is quite obvious he interest, brought down to the mire, and polluted | Hon. William H. Seward.

ANTOINE LEROUX. now feels sensibly the responsibility of his position. Uist- by contamination in an association with private ened calmly and patiently to all he had to say. He reit.

speculation. Now I ask, is it not about time to I shall be told that if it be feasible, the length of erated, in strong language, what he had often previously declared, that the treaty, in its present form, could never

separate this private speculation from this great the road is so great as to deter us from attempting be ratified by the Mexican Congress; that any attempt on

national world-wide important concern? Sir, our it. What is it? Two thousand miles. What the part of the Government to favor its approval, would end dignity as well as our interest requires us to review are two thousand miles of railroad for the people in nothing but its own immediate downfall; that he was our own position, and not to ask Mexico to recon

of the United States to make, who, within eighteen sorry to say the feeling of his country, at the present time, against the United States, was exceedingly strong; so much

sider hers—to retrace our own steps—to dissolve years past, have made twelve thousand miles? The 80, that no one in power could venture to advocate a more our connection with this New Orleans company; | railroads which have been made in the State of intimate association with that country; that he was alto- to dissolve the connection of our Governmeni with New York alone have an aggregate length of two gether satisfied the interest of Mexico, and in fact that of speculators-speculators whether upon the levee thousand three hundred and one miles, exceeding connection between the two oceans; that so far from throw

upon the Mississippi, or upon South street on the the distance from lake Erie to the Pacific ocean. ing obstacles in the way of that connection, Mexico was Last river; to dismiss them to the remedies af- And if you add the canals, the chain would reach fully prepared to go every reasonable length to secure that forded by the nation with which they have con- from the banks of the Hudson river to the shores great object; that Mexico was poor and oppressed, but so far as he had it in his power to guard and protect her honor,

tracted—which remedies are the only ones they | of the Pacific ocean. The railroads already made he was determined she should not only be free from just

have a right to expect, or in making their con- in the United States, if drawn out into one lengthreproach, but should stand upon elevated grounds before tract could have contemplated. Then prosecuteened chain, would reach from Liverpool to Canthe world, in every particular, in reference to a matter of so much importance; that although she had been and was

this great design of interoceanic communica- ton. The railroads which have been made and are at this moment badly treated by many of my countrymen,

tion across Mexico, by fair, open, single handed, now being made in the United States, if stretched still, from motives of sound policy, she was disposed--and single-hearted diplomacy. The Isthmus of Tehuan continuously along, would more than encircle the such was bis own sincere wish-to concede to the United tepec will be opened in good time. It cannot long globe. Again, I shall be told of the cost of this States, in preference to any other Power, all the privileges remain closed against the spirit of the age. The

railroad. And what will be its cost? One hunwhicb' miglit be necessary to accomplish the greatest enterprise of the age; but that, in the event of such concession,

advance of our country, and of civilization through- dred millions of dollars. A cost not exceeding no allusion must be made to the Garay grant.

out this continent sures us that it will be opened. || the revenue of the Government of the United States “Leave out that grant- say nothing about it, and I am But you want it opened now you cannot wait. for two years only—a cost not exceeding the revready,' said he, to enter into a treaty with you wbich I think will be satisfactory to both countries." ".

There is no urgency, there is no haste for Te- enue of the Federal and State Governments for one

huantepec. You want first and most, a com- year. One hundred millions of dollars; why we Hear, also, the letter of President Arista, of the munication which shall bind New Orleans, and have offered that sum for one island in the Carib15th of April last, to President Fillmore:

Washington, and New York on the Atlantic, bean sea! One hundred millions of dollars; why " Among the differences enumerated by your Excel- with San Francisco on the Pacific. The safety New York city spent one sixth of that sum in lency, there is no one which can produce any serious difficulties between the two Republics; for Mexico has always

of your country, the safety of its Pacific posses- supplying itself with water, and grew all the while!

sions demands such a communication, not over One hundred millions of dollars; the State of New been disposed to consent to the opening of a communi. cation through the Isthmus of Tehuantepec for the free

oceans exposed to all nations and through a for- | York has already spent, in making canals and and untrammeled commerce of the whole world; in this ! eign territory occupied by a discontenied, ag. railroads, one hundred and thirteen millions, and respect she agrees entirely with the ideas and principles grieved, and probably hostile people, but inland, prospered while spending it as never State or nation expressed by your Excellency in your last message to Congress. Her Government has given assurance of this in all

and altogether through your own country. You prospered before. That one hundred millions of its official acts: the explicit and full confirmation of this want for your own use, for your own commerce, dollars, if it should never be directly reimbursed, intention your Excelleney will have romarked in the projet || and for the commerce of Asia, a road which will be indirectly replaced within ten years by the for a treaty, which the Minister of Relations presenied on shall have the advantage of the best Atlantic and economy which it would enable us to practice in the 3d of January last to the Minister Plenipotentiary of the United States as a substitute for the treaty then pending,

Pacific harbors which can be obtained, with one the transportation of the Army, and of the supbut which presented insuperable difficulties in the way of continuous connection by land, so that there shall plies of the Army and Navy over it, not to speak its being approved. The same feeling now exists-for even be no necessity for reshipment between the Atlan- of the still more important benefits of bringing the after this sentiment had been misunderstood by Mr. Leicher on the one side, and reproved by Congress on the other, (as

tic and Pacific ports; not a way between ports public domain into cultivatien and into increased shown by rejection of treaty,) as late as yesterday, a bill

yet to be artificially made, on the Caribbean sea value, and developing rapidly the mineral wealth was introduced into the House of Deputies inposing on the and on the Pacific coast, with changes from land of California, which can be only imperfectly realGovernment the obligation to proceed immediately to open to water carriage requiring breaking of bulk at ized now, because lahor on that side of the Conthe communication by Tehuantepec, and authorizing it at least twice in the course of transit.

tinent is worth four dollars a day, while it is worth the same time to make use of all the means that it may judge proper and necessary for the attainment of the object.

If you aim to erect a high commercial structure, but one here. These facts, presented in an authentic form, prove most in- you must lay your foundations broadly in agri- I shall be told there are constitutional difficulties disputably that Mexico, far from opposing this great work, culture, in mining, and manufacture; and all there and political dangers attending the opening of this encourages it as much as possible; and most conclusively within your own domain; and use the resources shows that it cannot be a cause for disagreement between

railroad stretching across our own country to San her and the United States.

which God and nature have given to you, and not Francisco. Does, then, our Constitution authorize “ But hy the side of this merely apparent difficulty there is

those which Providence has hestowed upon your us to make a canal or a railroad through a foreign one which is so in reality. not from its own intrinsic char- neighbors. And you want, for the same reason, country, and inhibit such a work in our own? If acter, but from the circumstances which are connected with itse These are found in the pretensions advanced by the shared with any foreign Power, and through your why is there not for this? What new gloss of the

a passage across the continent of your own, not there is a right under the Constitution for that, termined that the opening of the communication shall tako own domain, and not through a foreign domain. Il Constitution or the resolutions of 1798 invests us"

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