32D CONG.....2D SESS. Colonization in North America-Messrs. Mason, Gwin, Underwood, &c. these gentlemen to perform to-day-a little real work. Let them stop talking upon the subject. I think the resolution has been debated quite enough; I think the country will derive very little service from the debate; and, therefore, as a test question, at least as far as I can make it so, I move that the resolution lie upon the table. That will cut off debate, and upon that question I ask for the yeas and nays. Mr. GWIN. That will do. Mr. MASON. If the Senator will withdraw the motion, I will renew it if he desires. Mr. MANGUM. Very well. SENATE of the session and dispose of it. I hope ther legislation by Congress on this question. I did Mr. MASON. The object of this motion I Mr. MASON. I said this: The message of is more than probable, indeed it is almost certain, Before the debate ends upon this resolution, I want to be heard practically in reference to this matter of colonization as connected with one branch of the resolution of the Senator from Michigan-sion there must be actual legislation upon the subthat which affects future colonization upon or near either of the American continents. It is a matter of very great interest to the American peopleone that was broached thirty years ago, and never practically brought home to them, as far as I am informed, until the present time. I should, therefore, regret that the honorable Senator from North Carolina should persevere in his motion, or that it should prevail. It is my purpose to ask the Senate to indulge me, for not more than an hour, on the general subject, when other gentlemen may have participated in the debate, if they think proper to do so. Mr. MANGUM. I believe there are matters now before the Committee on Foreign Relations, upon which the honorable Senator from Virginia can be heard, when they shall be reported upon. My sole purpose is to open the way to some real business. When a report shall be made from the Committee on Foreign Relations upon any of these subjects, the honorable Senator from Virginia can accompany the report with a speech, and I shall hear him with great pleasure upon them; for I think my own opinions, taken on the whole upon this subject, do not differ very widely from those of the honorable Senator; but with the view that we may go to work on other matters, I renew the motion. Mr. MASON. I would ask the Senator to withdraw his motion to lie on the table, and allow me to move that the further consideration of the subject be postponed until Monday next. I shall then ask the Senate to hear me for an hour. I make that motion. Mr. GWIN. I did not understand the Senator from Virginia to say that the Committee on Foreign Relations intended to propose any practical ject. All that I mean to say at present is, that I Mr. UNDERWOOD. My colleague [Mr. it is time for us to take up the ordinary business Mr. SHIELDS. I made an attempt, a time ago, to postpone the consideration of thir olution until next week, for the purpose of mar a few observations upon it. I did not intend make a speech. I am not, as the Senate t well know, accustomed to occupy their time making speeches. I try, as well as I know t to do a little work here, and I am rather a ished that my friend from California shond deavor to throw me completely aside, and e the question in this matter. I have not make speech this session, nor did I make one at the session, and I do not mean to make one now. only object was, so far as I knew how, to gue debate a practical application, and I intend to that in a very few observations. I troule Senate very seldom with speeches, as that be able Senator well knows. I agree with the Senator from Virginia tha now too late to arrest this discussion; it word. brought forward, as will be recollected by the Se Mr. BUTLER. I think this is a case calls for reference. I am unable to give any ment on the subject, unless I have the res information. The honorable Senator from ginia, the chairman of the Committee on Fore Relations, has made inquiries, and I have doubt those inquiries will enable bim to bring ward much information upon which Senators form a judgment. Ordinarily, subjects of kind come before the Senate through Exe communications, and I think it much the s mode; but as this subject has been brought p discussion, and as we are to take jurisdie matters of negotiation of this kind, I want to one important fact, and that is, if Great Bri has committed a trespass upon the rights of body, upon what political community she b committed this trespass. Now, her sette upon the Bay of Honduras, if a trespass, is either upon Guatemala or upon Honduras, some other Central American State. The ho able Senator from Virginia no doubt can give great deal of information as to the true chara of these States or communities; and it may that, in the end, I shall be compelled to votes something that would look like a mission 2 Guatemala, with a view to guaranty her rights far as our interests and policy are involved: before I can do that, I want information. Her can I give a judgment until I have information And therefore I would suggest that the referen should at once take place, and that the honore chairman of the Committee on Foreign Relations should give us the information in a report, ev before he makes his speech; and I will pro though I intended to speak upon the subject. gives full information in regard to it, such as understand, and upon which I can form a ment, that I will not make a speech. I will entirely satisfied with his explanation. If we fer the matter at once, I think we shall accompl something; but if we carry on this debate in thå 32D CONG.....2D Sess. Colonization in North America-Messrs. Gwin, Davis, Cass, and Dawson. cursory manner, shooting at a barn door all the while, and having no mark, I do not know what may not be brought within its scope. The honorable Senator from Florida, in discussing another subject, I thought, made it very germane to this. It strikes me, however, that the whole question ought to be referred to the Committee on Foreign Relations, and let their report be the vehicle of information upon which we shall pronounce a responsible judgment, for we are in some measure involving ourselves in Executive business. I say, at once, then, let the subject be referred. think that they meet the question at issue at all. The real question for the consideration of the Government is one growing out of a treaty between us and Great Britain; and we need some further information before we undertake to give an interpretation to that. The great question, in my mind, is whether or not Great Britain has organized a colony in what is called the Bay of Islands? If she has done that, the next inquiry is, is that, or is it not, an infringement of the late treaty which has been made? Mr. SHIELDS. Will the honorable Senator permit me to correct him in one point? It is not the Bay of Islands," but the islands in the bay of Honduras which the British have erected into a colony. Mr. DAVIS. It is quite immaterial which form of expression is used. There is a colony by some such name, as it is said, and a colony recently organized. Now, I do not know that it is entirely easy to ascertain all the facts which have a direct bearing upon this question. I am anxious that the facts in regard to it should be pre Mr. HOUSTON. I am not in favor of referring this subject to the committee. I am anxious to hear the honorable chairman of the Committee on Foreign Relations on the subject. Other gentlemen have spoken upon it, and I desire some information which may be important to the decision of this body. I want the privilege of speaking upon it myself. I have occupied but very little of the time of this body at this session, or at previous sessions; and though I am as anxious as any Senator to see the Pacific railroad bill progress, I imagine we shall not bring it to any satis-sented to us in a reliable form. I understand that factory conclusion this session; and until a report is made from the special committee on the subject, I do not think that we can progress with it at all. I shall, therefore, vote against any reference until I can hear the chairman of the Committee on Foreign Relations. Mr. GWIN. I did not wish to prevent any Senator from speaking by making the motion which I have made. The honorable Senator from Illinois knows well that I would be very much delighted to hear him; but there are many in his condition. I do not know a member of the Senate but will be compelled to say something about this question before we come to a final and decisive vote upon the resolution. Mr. SHIELDS. Will the Senator permit me to say that I have no wish whatever to trespass upon the time of the Senate? This is a much larger and much more important subject than that Senator seems to imagine. I have the honor to represent, in this body, the Committee on Military Affairs, and I wanted to convert this into what I deemed to be a practical subject-a subject that interests him. I mean the fortification of the coast of his State, the fortification of the southern coast, and some other matters. I felt that in doing so, I should give it, perhaps, about as practical an application as it would receive in this body. Whether I shall be permitted to do so or not, care not. I shall do my duty in my own humble way, anyhow. Mr. GWIN. The honorable Senator must recollect that I am chairman of the Committee on Naval Affairs, and that I understand the bearing of this question probably as well as he does. The State of California would be as deeply interested in a controversy with England as any State in this Confederacy. I have no doubt that this resolution is to have an important bearing upon the future foreign intercourse of this country, and therefore we must give our reasons for our votes; and the question presents itself, if no practical question of legislation comes up in connection with these resolutions, whether we had not better let them go over for an Executive declaration. That was the very question I had in view. I know the Senator is examining this question with regard to the military defenses of the country, and he has collected a great deal of the most valuable information on the subject, and I hope the result of his examination and his labors will be put in the form of a law before this Congress adjourns. I am sure that will be done, so far as the committee is concerned, for we have had an indication of their intentions. As to any discourtesy to the chairman of the Committee on Foreign Relations, I never thought of it. I never dreamed of it when I made the motion to postpone the resolutions until the 4th of March. I'made that motion because I believed we could not come to a vote on them before the 4th of March. That is my belief. I am perfectly willing that they should go to the Committee on Foreign Relations, with the understanding that they will come back in a form in which we can discuss them with a practical end in view. Mr. DAVIS. While these resolutions declare general principles which I approve, I do not Mr. CASS. Thirty years ago Mr. Jefferson said that this question of European influence was the most momentous question that had been presented to him since the 4th of July, 1776. It is just as momentous now as it was then. But I desire to correct the idea which gentlemen seem to entertain, that this is a mere abstract principle. I consider it one of the most practical principles presented to the American Congress-practical in its application from day to day as a guide to the Executive of the opinions of the American Congress. No principle can be more practical; and none is more liable from day to day to be called It is an entire mistake to call it into actual use. an abstract question. And allow me to say, with reference to what has been said by the Senator from Massachusetts, that I cannot for my life understand the necessity of sending these resolutions to a committee. They have no reference to the colony of the Bay of Islands, or any other colony. They assert a great and important principle; and whether the British have the right to establish a colony there or not, and whether they have established one or not, is perfectly immaterial to this question. The principles which guide us are everlasting in their nature, and call for the declaration of the American Congress, which Mr. Jefferson said ought to have been done in 1823. The reference is not to establish the fact with respect to the colony of the Bay of Islands. I repeat, the resolutions do not refer to that, but they are upon a great principle, and every gentleman who is willthe American Government, is prepared to vote upon them. They need no reference. The establishment of no fact that can be investigated by the Committee on Foreign Relations can touch that great principle. It remams everlastingly the same. Establish your principle; apply it to cases as they arise; and then, before questions arise with foreign nations, ascertain the facts. What objection there can be to establishing the principle now, or what reference the resolutions have to any individual case, I cannot understand. by the treaties of 1783 and 1786, between Spain and I wish to have these facts ascertained. I wish for a reliable report from some source or other, which shall determine whether we are correct in this; and if it turns out to be true that the islands which are now claimed as a colony, were part and portion of Honduras, or of the Mosquito coast for both were alike renounced-then I appre- I am, therefore, with the honorable Senator sons, that it would be better for him to reserve his remarks until the committee shall have reported. It seems to me that this will be the better course for all of us. I hope, therefore, it will be taken. Mr. DAWSON. I desire to be heard upon this question at the proper time. I am a little surprised that the Senator from Michigan, who speaks so often and so interestingly upon this subject, should say that there is no necessity for having a practical As I understand it, the introduction of the resolutions was founded on the question to act upon. facts, supposed to be true, that there was such a colonization going on within the limits of Central America. Hence the propriety of their introduction. Now, the consequences growing out of their introduction are to be vastly important, and already are they assuming a very portentous aspect. Some language which I have heard uttered here to-day is well calculated to strike the minds of the American people. The chairman of the Committee on Foreign Relations-the man, above all others, to whom we look for information upon foreign affairs-has uttered words and sentiments to-day that will be noticed throughout the civilized world. He said that he believed British colonization has taken place in the Bay of Islands, and that if that Hence, if all be true," it must be discontinued." the facts be true, action becomes necessary. What action? Congressional action; war, in the view of the peace-abiding gentleman from New Hampshire, [Mr. HALE.] Before we proceed an inch, in the language of my friend from Massachusetts, should we not be able to place ourselves upon firm ground, and move, not only understandingly, but firmly to the consequences, whatever they may be? But the chairman of the Committee on Foreign Relations proposes to postpone this subject until next Monday, when he desires to be heard upon these important questions, without the presentation of a single fact arising out of the communication from the President of the United States; and when his speech shall have been made in this message of the President?-and where are the facts instance, what becomes of the reference of the to go before the country upon which we are finally to act? Nowhere. I maintain that these filibustering resolutions in relation to foreign relations are incompatible with the dignity of the body upon an occasion like this, and that we should never deal in abstractions, and declare what shall be, and what shall not be. When we intend to act upon facts already ascer 32D CONG.....2D Sess. tained or supposed to be ascertained, let us call upon our Committee on Foreign Relations to lay them before the body. Let us have all the facts connected with colonization in Central America, whether in Honduras, or in any other section of the country; and whenever those facts shall be presented to us, we can act. What do I know about it? What does any Senator on this floor know about it? The President tells you, in the language of the chairman of the Committee on Foreign Relations, that he has no facts which he can communicate to us. The chairman, then, must do the best he can; and if it so turns out that there are no facts to establish the position that an organization or colonization has taken place, what Is the result? Why, that no organization or colonization has taken place. But if it be true that it has taken place, give us the facts, and then the Monroe doctrine will come in, and come in as it was intended to come in by the honorable Senator from Michigan, founded upon the idea that this colonization had already taken place. But that fact is not officially ascertained. Let us get the official information, and then act upon it. Let these resolutions be laid upon the table. What are they? Abstractions; a reaffirmation of the Monroe doctrine, which, although never introduced by way of resolution before, has been firmly fixed in every American statesman's mind and determination. There is no necessity of resolving that we will do so and so, in such a state of affairs. Let us ascertain the state of affairs which exists, and then resolve, if it displeases us, that it shall not exist as it is. Let the resolutions be laid upon the table, or referred to the Committee on Foreign Relations; let the distinguished Senator at the head of that committee bring in his report, and accompany that report by the speech which he desires to deliver; and I will ask now what speech is it he desires to deliver? A speech upon colonization in the abstract-not upon existing colonization, because he says he knows not whether it be true or not that a British colony has been established in Central America, though he thinks it is true. Why should the chairman of the Committee on Foreign Relations make a speech of that kind unless it be based upon facts, and unless the facts be such as to authorize it? Should we influence the kingdom of Great Britain or any other, by saying that if they do a certain thing we will do so and so? Let us ascertain what has been done, and then, if we dislike it, ask the Government of Great Britain to disavow it; and if she will not do so, then let us decide what course we shall pursue. Mr. MASON. I think if the exact posture of the question were understood by the Senate, there would be no difficulty in disposing of this subject. The message of the President of the United States, in connection with this alleged colonization on the coast of Honduras, is now before the Committee on Foreign Relations There is, therefore, before them, a distinct question upon which they may, and probably will, report. The resolution of the Senator from Michigan covers certain great principles of American policy, alleged by him to have been laid down as early as the year 1823thirty years ago. What I meant to say was this: It seems to me that the debate which has commenced, should go on in reference to these general principles of American policy, and upon them I wish to be heard. The report that may, and probably will be made upon the message of the President of the United States, in reference to a specific colony, affects the application of certain of those principles, and certain of them only. I see no necessity for the reference of the resolution of the Senator from Michigan-none in the world, so far as regards the specific question now before the committee. Mr. DAWSON. That is the very ground upon which I go. I would say again, that I presume there is scarcely a dissenting voice in this body, with reference to the mere abstract questions which are involved in the resolution of the Senator from Michigan. But why this constant repetition and declamation upon principles in regard to which we all agree? I cannot see the necessity of it. Yet, underneath this, it is clearly to be perceived that we are going on to a particular object on the allegation that there has been a violation of these principles, by the establishment of a British colony in Tehuantepec Grant-Mr. Mason. Central America. That is the idea. Why not, as practical men, investigate the question, ascertain the existence of the facts in the case, and then apply the principle to it? Why send out in advance these speeches to the country?-and they are read, I know, with the utmost anxiety, for people suppose there is something concealed, and that war is in our front; that the cloud is gathering. We are thereby affecting by this discussion the great commercial interests of this country. We are probably bringing ruin upon many great interests of the Union, when I know it is not the intention of gentlemen to involve the country in a war. I repeat that the remark of my honorable friend from Virginia, that a British colony has been established in Central America, and that "it must be discontinued," is the strongest allegation which has yet been made that war is before us, or that there is danger, because a great principle has been violated. But I think the country will see that the filibustering portion of the Congress of the United States do not want to act upon the case presented; they want to commit a majority of Congress to certain principles, and then they will present a case so that the majority cannot back out, but war must follow. That is the idea; and you cannot conceal it from the public mind, for the commercial, agricultural, and manufacturing interests are too sensitive not to perceive that legislation like this would be destructive. Hence it is that I say, come boldly up to your principles; and I stand upon them myself. I would permit no foreign country to colonize this continent if we have power to prevent it. Stand upon that principle, but do not be continually speaking of it, and repeating it. It is like saying to a man, "If you say so and so about me I will flog you. I understand you have said it, and I believe it, and I have made up my mind to flog you, if you have done it." You should first ascertain the facts and then apply your principle to them. I do not make these observations with the most distant apprehension that there is any danger of a war. I do not wish any interests of the Union to feel alarmed upon this subject. I see no occasion for believing that there is to be a war. I see no disposition in foreign countries to interfere with any great American principle. On the contrary, I believe that the industrial interests of the world, and especially of the European and American people, are now the controlling power; and that common sense, common honesty, and common justice will prevail, and keep down everything in conflict with the rights and happiness of the people. I look upon the scene which has occurred here upon this resolution, and the speeches which have gone forth, as evidence of the belligerent disposition of some gentlemen, or as an outburst of that desire for war which now and then will occur, especially in a Republic like ours. I concur with the Senator from California-and we do not agree very often-that this subject should be put out of the way, and that practical legislation, affecting the interests of the country, should be taken up. Let us proceed to business affecting the people for whom we have to act, and if there is any violation of our principles of foreign policy, let the chairman on Pig Relations nateran of the Committee it For officially, and I will be one of the first to suspend all other business and act upon it. us On motion by Mr. HALE, the Senate adjourned. THE TEHUANTEPEC GRANT. SPEECH OF HON. J. M. MASON, OF VIRGINIA, IN THE SENATE, February 1, 1853, On the Resolutions reported from the Committee on Foreign Relations, in regard to the Tehuantepec Grant. Mr. MASON said: Mr. PRESIDENT: What I have to say on the subject of this right of way across the Isthmus of Tehuantepec can involve but little more than dry detail; but yet, in my apprehension, and in the judgment of the Commitee on Foreign Relations, to whom this subject was referred, it is one of very great importance to the country. SENATE. During the last session, the Senate passed t resolution requesting the President of the Unser States to communicate to the Senate all the com respondence and documents, which had pass between the Government of the United State and the Government of Mexico, concerning s right of way across the Isthmus of Tehuantepe The correspondence was sent in at a late day d the session, and referred to the Committee m Foreign Relations. That committee took the sa ject under consideration, and before the close e the session, but too late to be acted upon, maj a report, accompanied by several resolutions. Th report has been before the Senate, therefore, mo the last session of Congress, and it will be found by those who have looked at the resolutions, the the committee considered the subject as one of little interest and moment to the Government will ask permission to read them. The repor concludes by recommending to the Senate the adoption of the following resolutions: "Resolved, (as the judgment of the Senate,) That ins present posture of the question on the grant of a right way through the territory of Mexico, at the Isthmus of Te and now the property of citizens of the United States, & same is presented by the correspondence and doctem accompanying the message of the President of the Era States of the 27th July, 1852, it is not compatible with a dignity of this Government to prosecute the subject fama by negotiation. huantepec, conceded by that Republic to one of its cities. 2. Should the Government of Mexico propose a n newal of such negotiation, it should be acceded to only me distinct propositions from Mexico, not inconsistent with i demands made by this Government in reference i grant. 3. That the Government of the United States stand committed to all of its citizens to protect them in their nat abroad as well as at home, within the sphere of its janda tion; and should Mexico, within a reasonable time, a reconsider her position concerning said grant, it wil z become the duty of this Government to review all exity relations with that Republic, and to adopt such messa will preserve the honor of the country and the rights á a citizens." The Senate will see from the character and m of these resolutions, that the Committee on Feeign Relations have considered that this subje by the action upon it of the two Governmes and by its intrinsic importance, has been eleva into one of very grave consideration. Mr. Pres dent, the acquisition of California, lying upon it Pacific border, and of the intervening territory at the close of the war with Mexico, placed us Government in the embarrassing position of h ing some of its most important dependencies-i California was then a dependency at the distan of some three thousand miles from the Atlants settlements, and inaccessible unless across deserti and mountains, requiring months to pass them. is known to the Senate, that in the instructati which were given by President Polk to the coemissioner of the United States, by whom the treat of peace was negotiated-a President who clea a very successful, and indeed brilliant administra tion, by the successful issue of the war with Ma ico-he was directed, in view of the high and gra importance of obtaining an accessible way to these Pacific possessions, to offer Mexico for the ng of way a very large sum of money. The propsition was declined on the part of Mexico, because as was alleged, that right of way was no longer her control that she had parted with E. Wishinee the acquisition of California since it ve erected into a State-and more especially since the discovery of the immense deposits of gold wha have attracted the attention, not only of the pe ple of this country, but of the entire world, the way to get access to California has filled the publ mind. The enterprise of our people, with ther capital, was embarked in seeking a right of way some two thousand miles distant from our coast. where the continent, or rather the isthmus that connects the two continents, was contracted to its smallest extent, across the Isthmus of Panama: and within a very short time, by the investment of a very large capital, and with some risk on the part of those who did it, a communication was opened there, in order to give us access to our possessions on the Pacific. That communication has continued since in the course of successful use. Under the convention made between the Gorernments of the United States and Great Britain, another communication was intended to be opened -how far it has yet been opened I am not fully 32D CONG.....2D SESS. Tehuantepec Grant-Mr. Mason. any foreign Power; and those English subjects, of New Orleans, who allege that they can com- formed-through Nicaragua, by way of the Now, Mr. President, with reference to what fell from the Senator from Texas, [Mr. Rusk,] and what has fallen, on a former day, from the Senator who, with so much zeal and ability, represents in part the State of California on this floor, [Mr. GWIN,] I beg leave to say, in limine, that, although I cannot see any authority whatever in the Government of the United States to undertake the execution of a railway, or any other form of communication between this part of the country and the State of California, yet, be that as it may, there is no conflict, and there ought to be no con a railroad across our part of the continent and Now, Mr. President, in looking at the map, we hall find that the continent of North America, at he point referred to, in the provinces or depart-flict, between those who desire the construction of ments of Oaxaca and Vera Cruz, one of the Mexcan States, is contracted more than at any other point, until you reach the Isthmus of Panama. We find that between the Bay of Vera Cruz, in the Gulf of Mexico, and the Gulf of Tehuantepec, on the Pacific side, the continent is contracted to an air line of distance between the two seas, shown by actual survey to be but one hundred and thirty miles. Before the war with Mexico, indeed for a long series of years, the attention of the world had been directed to effecting some practicable route across that part of the continent so as to connect the two oceans, and great and extended enterprises had been, from time to time, projected, but all of them had failed. There was no way for the commerce of this part of the continent, or that of Europe, to pass to the other side of the American continent or the Indies, except by a protracted voyage by the way of the southern cape of America or that of Africa. But recently, on account of the discoveries of gold in California, and since that country has become one of the States of this Confederation, the mind of the people of the United States has been concentrated upon the exploration and the successful execution of a route which shall be found most accessible and least expensive to bring the two oceans into communication. In 1842, the Government of Mexico, Santa Anna being then President with supreme power, (and we have learned from our intercourse with Mexico that a President with supreme power is the only responsible Government that Mexico has yet had,) made a grant of a liberal character to a certain Mr. Garay, a citizen of Mexico, who seems to have been a man of wealth, as he was certainly one of enterprise. Garay forthwith took measures to have the way across the Isthmus to which his grant applied, surveyed, and the practicability of effecting a transit there ascertained. He employed for that purpose an enlightened Italian engineer, by the name of Moro, who made an actual survey of the country lying between the two oceans at the Isthmus of Tehuantepec. I will read a very short extract from the report made by him. It gives a very succinct but clear view of that country: *The entire line of country was carefully surveyed and mapped, the face of the land, its productions and capabilities, were examined with untiring perseverance. "From these surveys, it is established that the entire distance from sea to sea is one hundred and thirty-five miles in a straight line, and presents a wide plain from the mouth of the Coatzacoalcos to the port of Mesa de Tarifa, a table or elevated plain on the line of the Andes, which rises to the height of six hundred and fifty feet above the level of the sea, and at the distance of five miles again descends to a plain, which reaches the Pacific. The summit level to be overcome is only six hundred and fifty feet; thirty miles of the river Coatzacoalcos are navigable for ships of the lagest class, and fifteen miles beyond this for vessels of light draught, feaving only about one hundred and fifteen miles of railroad to be made. It would occupy too much space to enumerate all the details of these surveys, and which go to show so strongly how easily a railroad can be constructed across the Isthmus of Tehuantepee. It is sufficient to say, that the absolute practicability has been clearly ascertained." Garay, who was a Mexican citizen, assigned his grant in the year 1848 to certain Englishmen who were then, I believe, resident in Mexico. The terms of his grant, as are fully shown, authorizing him to assign it to the citizens or subjects of SENATE. three years, and at a cost far less than has been incurred by many private companies under State charters. Against it you oppose one to be reckoned in its extent by thousands of miles, not a foot of which has been surveyed, and which may, nay, must, cost more than one hundred millions. The first will be in successful operation before you can cut a tree or plant a stone in the construction of the latter. I do not propose that the Government shall aid this company by contributions from the Treasury, by a grant of public land, or in any other way than by protecting its own citizens against spoliation by a foreign Power. But in doing that, this Government will not only have extended proper protection to its citizens, but it will have secured to itself, what it is entitled to a way to its possessions on the Pacific coast-the best, the most accessible, and the shortest way, in time, at least, which can be obtained. In the report of the committee which accompanies these resolutions, the title to this grant has been minutely traced, the committee being satisfied in its judgment, that a valid, undoubted, and unquestionable title had passed from the Government of Mexico to the American citizens, who are now the holders of it, and those gentlemen who may desire to see it will find it there. I come now to show how the Government has been connected with it. After the title was thus acquired, the Government of the United States, seeing the importance of the subject, invited Mexico to negotiate, not for the purpose of giving validity to, or protecting the title which its citizens had acquired, but for the purpose of giving protection to the right of way when it was made, recognizing the grant, then the property of citizens of the United States, and inviting Mexico to treat by convention to give the protection of the two Governments to the communication when it should be made. We know that a similar act had been done already between the Governments of the United States and England, both Governments assuming a common interest in protecting the right of way, which was projected by means of Lake Nicaragua, through the terri tory of Nicaragua. A convention was entered into accordingly, which is now the supreme law of the land, the purpose of which was to secure that way through Lake Nicaragua as a common highway to the whole world. Each Government entered into guarantees for its protection, and to keep it open as a common highway. The Government of the United States for like reasons, but of a more urgent character, invited Mexico to form a convention for the purpose of constituting a common highway by means of this grant conceded to Garay, and now in the hands of Ameri can citizens. Mexico acceded to it. A convention was framed, and signed at the city of Mexauthorities in Mexi, with the approbation of Herrera, who was then President of that Republic, to effect these objects; in which convention the right secured by the grant was fully recognized. When the convention was signed in Mexico, it was sent here. Some alterations and modifications were suggested by the Government at Washington, and it eventually took the form of a new convention, which was sent back to Mex There is no conflict, there should be no conflict between rival routes, or rival interests, to impair the action of the Government in this matter. It is because the interests of this Government, as I conceive, are more deeply involved in having a transit at Tehuantepec than anywhere else where a road has been projected, that I have felt it my duty to ask, urgently, the attention of the Senate to the posture in which the question now stands between the Government of the United States and the Government of Mexico. It is found to be not only a practicable way, but since it has come into American hands, the entire route has been resurveyed, under the superintendence of a most enlightened engineer, taken from the public service, (Major Barnard,) who was occupied some six or seven months in the work, and has made to his employ-ico, between our Minister there and the proper ers a most elaborate report in the book from which I read an extract just now. It is shown by actual survey of the route, that the highest elevation to be overcome (corresponding with the survey made by his predecessor Moro) does not exceed six hundred and fifty feet, and that the maximum of grade upon the whole route does not exceed sixty feet to the mile. The report of Major Barnard further shows that the entire length of a railway from sea to sea will be but one hundred and eighty-ico. The Government of Mexico-I mean the six miles. But the river Coatzacoalcos, on the Atlantic side, is said to be navigable for the largest class of ships, as high as the village of Minatetian, twenty miles from its mouth; and if this be taken as the Atlantic terminus, then the railway will measure but one hundred and sixty-six miles, and the whole cost of the work, including the full equipment of the road, is brought by his estimates within eight millions of dollars. It is true, sir, that the proposed way lies within the dominion of a foreign Power, and were a choice to be made, that objection would be conclusive of the election. Yet a highway between nations should be the subject of no exclusive jurisdiction, and it is to retain for it that character with which it has been already clothed by treaty stipulation, that I press it upon the attention of the Senate. But, sir, in the view to be taken of it now, there is really no choice. Here we have a plain practicable work, so demonstrated to be by the most competent skill, that may be finished within two or Executive Government-approved it, and it was signed in the city of Mexico, in January, 1851. Its object and its terms were only to give the protection of the two Governments to that way across the continent, effecting a communication between the two seas. Now, Mr. President, we have had some experience of the character which unfortunately belongs to the authorities of Mexico, and the difficulty which that unfortunate people have encountered from the very birth of the Republic, either in constituting or maintaining a responsible Government torn, as it seems to be, from one extremity to the other by domestic feuds or dissensions, and constantly in a state of revolution. It resulted that very soon after this convention had been signed in January, 1851, there was a change in the Government; and it would appear from the best information I can obtain in looking at the history of the occasion, that this grant of a right of way across the Isthmus of Tehuantepec was made the 136 32D CONG.....2D SESS. APPENDIX TO THE CONGRESSIONAL GLOBE. stalking-horse by which one Administration was Thus, while they were at work under the aus- Protection is always due by Government to its citizens-our Army and Navy is maintained and built only for such purpose-and, in this case, it would seem more eminently due, because these heavy losses were sustained in an enterprise of great value to the country, to which our people had been invited by the despoiling Power, and to which the Government had lent its sanction, in the free use of the treaty-making power. In the report of the committee to which I have alluded, the ground upon which the law of the Mexican Congress was passed, repealing substantially and in effect this grant to Garay, is fully set forth. It appears from the recital contained in the report, that when the grant was made in 1842, a certain time was given to the grantee within which to commence the work. Before the time expired, a further decree was issued by the Mexican Government extending the time. In 1846, when General Salas came into power as President with supreme power, (as Santa Anna and Bravo had been before him,) the time had elapsed within which the work was to be commenced. Surveys had been made, but the work had not actually commenced, and the grant might have been considered forfeited by a course of judicial proceeding; but that forfeiture was cured. General Salas, in November, 1846, issued a decree giving further Tehuantepec Grant-Mr. Mason. time for two years to the holders of the grant to The time for the commencement of the work This is a simple, and a very narrow issue, and was a contract made was, 66 As to the authority of Salas, it is enough to This was not the only decree in the nature of a 1. A decree organizing the Bureau of General 2. A decree relative to the liberty of the They were received and submitted to as such. No protest against them as usurpations was made, not a word from the press even, questioning their validity, or the power that enacted them. On the contrary, the very Congress that subsequently repealed this decree of Salas, on the ground that he had not authority to make it, annulled a law of the State of Sonora, because it violated Salas's decree relative to colonization. It would seem that his power was undoubted for every purpose, save to extend this grant. This needs no further com ment. SENATE. Mr. MASON. It is estimated, computing the same ratio, that the average time from Na York to San Francisco, via Tehuantepec, vui nineteen days, and the shortest time protisljiv £. teen days. From New Orleans to San Francis. by the way of Tehuantepec, it is estimated time will be fourteen days, and the possibe twelve days. I get these statements from gentlemen interese Mr. President, I have said that the Govern on each side of the line of communication, t How does the matter stand? The Mexican hv. to which I have referred, disaffirming the decre of Salas, was passed in May, 1851, nearly w years ago. The Mexican papers inform us the that Government has, from time to time, issued tre press.posals to construct this way by a new compart or in some other form. Two years have ears and yet, notwithstanding the eminent imperance to the world of having access across the co tinent at that point, the whole question stands De just where it stood then. We are informed the in all the propositions which have since emsta from the Mexican Government, in their propossi inviting new companies to construct this wert. they have imposed limitations and restrictio which must discourage all from attempting re which would have the effect, if complied with, s leaving that work exclusively in the charge of the Mexican Government. The propositions are al this character: The contractors are required, r the first place, to acknowledge the unqualified ereignty of Mexico over the transit, and her ne to impose any political charges whatever up persons or property passing over it. They ar required to acknowledge a concurrent right it the Government of Mexico to fix the corporat charges. They are required to agree to place ther mail steamers under the national flag of Mex lighterage duties. They are required to agree's and all their vessels are to be subject to tonnage and transport no troops or munitions of war across ite Isthmus, except with the express permission vor of such nations as shall guaranty this m Mexico. They are required to discriminate in f nopoly, by deducting twenty-five per cent. from the corporate charges in their favor; they are re quired to transfer the work at cost to Mexico, and, more than all, those who are there constructing this work are required to renounce their right t the protection of their own Governments, and be come de facto Mexican citizens. In this point of view, the question becomes exceedingly import ant to this country. have caused to be prepared a paper intended to show, and I believe it does correctly show, the difference, both in time and distance, in passing from different points of the North American continent to the Pacific by these respective ways. The distance from New York to San Francisco, via Chagres, is six thousand six hundred and fifty miles, and the distance between the same points by the Isthmus of Tehuantepec, is four thousand nine hundred and seventy miles, making a difference in the distance of one thousand six hundred and eighty miles. Between New Orleans and San Francisco, by way of Panama, the distance is five thousand six hundred and seventy-five miles. From New Orleans to San Francisco, by the Isthmus of Tehuantepec, the distance is three thousand seven hundred and forty miles, making a difference of one thousand nine hundred and thirty-five miles. Now, as to time, I am informed that the average time now occupied in passing from New York to San Francisco by the Chagres route, is about twenty-eight days, and the quickest time that has been made, is twenty-two days. Mr. WELLER. It has never been made in twenty-two days. Mr. MASON. I would like to know what is the shortest time. Mr. WELLER. Twenty-four days. If Mexico were what Mexico ought to be, an enlightened, intelligent, liberal community, they would do what even those far weaker Central American Republics have done. They would see that it was due to the great family of nations, not to us alone but to the world, that a work of this character, intended to connect the two seas and to pass the immense commerce of those seas, should be under the charge of no one Government, but should have the guarantee and protection of all. They would see that it was a duty which they |