The New York Herald Newspaper, July 31, 1852, Page 2

HIGHLY IMPORTANT DIPLOMATIC CORRESPONDENCE. FRE GARAY TRAUVARTRPEC GRAYT. Paestdent srista, and the Mexroan Minis tes, spon our Relations with Mesxtoo. \ | Wasnixoror, July 23, 1952. | Ttranmmit you herewith the highly important | Tobtere of Presidents Fillmore and Avista, Me. Web- ster, and of the Mexican Minister, in reference to ear relations with Moxioo. Ihave preosred them with much diffenlty, New Yorn Heraup andthe » Will be enabled to publish the information exclu- Xx. ¥.Z. Bively im advance of all other papers. ~ PRESIDENT FILLMORE TO PR eIDENT ARISTA. Bxxovrive Mansion, Wasuinaton Ciry, Doited Sates of America, Mareh 19, 1351, Fo Hr Exceliency, Geversi Don Mawiano Antsra, President of the Myxican Repablic. Bir—The deep interest whied I feel for the pros of both-the American and Mexiean republics, | gad crpecially for the preservation of barmoay bo- | tweon them, induces me to waive the ceremony of | Aiplomatic intercourse, and address your Uxoellen- ey unofieiaily upon the subjects of difference bo- | tween our respective countries. | cannot doubt, from what I have heard of your Exeelloney’s cha | raoter, that you sympathize with me folly in my | desire to maintain the most harmonions relations with your governmen| rd that your enlarged and | wlightoved views must euable you fully to appro- @me the importance of opening an_ inter- eveanic communication between the Atlantic end Pacific across the Ischmus of Tehnantepec speo- mbie to the commerce of United States, yet T shall not attempt to die, he fact that i @xe of greatimportan 2 ia whieh the paopl this country feel a doep interest rent to yeur Excellency that, mere than one svel comman Messures are now in progress fe the State o! Nicara and Tathuns of Panania; and the question therefor Prevents itself whether it is wise Or politic for Moxi- 9 to refuse her consent to authorize another route through her teritory A mer p at the Toough this enterprive way not be the mop mast sasisfy you that the tiavel 9 wertern shore y| take the me u two} @eoene; aud the s m ue tn refereare to Europe, and expecially Grew tain, io her inter- | @oorse With the Western coast of Ameriga. Tho | e@emwmerce of the Athanti of Norto America with the W on St 2th America may hrough the Paoana rove muielt the the nuht which some the Garay grant to open would be a inaitor of great i gens of this republic w Were coustructed by th the citizens of Mexiro. try. All that we ask mode of intercommunien of which the natare of tt that it shell be open this communi. Teronee to t p erti oae of any other con: 4% the ost aud safest | a ehall be ostabdtished country will admit, aud free LO the oommeree of or t the whole werld with ui any exclusive right in any wation, and under the sole jur.sd.ction of Mexico herself. | Vhe command of such neommerce moet bo a mino | ef wealth to Mexieo, and | -hou!d feel it was a waste ef time to urge upon your Excellency the importance | of weouring it to ber before it secks and beeomes | fimally fixed in other channels. Lean well undor- | stand theprejadices that pervadetsoine of your poople | against the United Slates, growing oat events, the recollection of waieh, 1 sine might be buried livion. an also uv Dew th j represen I mey aifeot the Jongress, whose assent is necessary to | the ratification of the treaty that shall secure these | Bicrsings 10 Mexico and the cowmercial world. Bat aod | atives of | I am eure your Excellency will rise above all sned Jooal and popular prejudices, ard view this question | as ove of great importance to Mexico, and of scarce- | Jy lees importaxce to the world We addition to the motives I bare urged for the | gpeedy adjustment of this matter, L beg leave mort | earnestiy. to call the attention of your Excellency to | the probable diftculties that may grow up between | the two nations, should Mexico break her plighved faith in the grant to Garay. Our citizens, relying | wpon her good faith, have become interested in that it; they have advanced large sums of money the purpose of earrymg out its objects; they | have surveyed @ route for a railroad and demonstra ted the practicability of constructing it; and it is met possible that they should now be deprived of the ges guaranteed by that grant. and sustain the wy losees that must easue without appeal- ing w their own government for the enforce- mert of their rights. My anxione desire is te avoid the teo probable consequences that must sesult from such an peal. We cannot, if we would , be indifferent to it. duty which every government owes to its own citizens to protect their Fights at home avd abroad; and the consequences ing ont of the Garay grant and the govern ment of Mexieo are such as no true friend of this | eountry or of Mexico can look upon with indiffer- | ace. What might be the result, time only can de- termine. [ have but afew months to remain at the head of this government, when my responsibility ‘wili eease, and this difficult and complicated matter | will devolve upon seme other agent. I can assure | you, that my love for my own country, a3 well as | ‘my sincere desire to promote the prosperity of | have been gained by 1, for Congress ‘was dotormin- iy ed to reject it. ¢ Taking into consideration this state of things, and sincerely desirous to remove tho obstacles whieh it prosented to the icter- ovewle commanios- tion, aud to the strengthening of the bonds of friend- ship between the two repnd it was propesed to him in the most urgent 0 rtbat he would aban- don the pretensions of ( and that the agents | of the New Orlean ould apply direstly to the gevernum at the ine time, that said government bad no repogaanes | «it bad been mationoisly msserted) to teh wita | citizens of the United 8 in consequouse of | hatred for their country. This prop sal was eqaik table—it was decorons, acd satvuleted to socare euceess— having, rhe same time, the advantage of avoiding all eho difiouiri w positive benotts | to the coutractors = Mr. Ls r seemed to acwph it, and even asserted that Mr. Benjamin would | speedily como over for that object. ‘This, however, did not take placo; aod time being thus aselossty spent, the é Be moment at last arrived when his | oil, cellency, to the astonshment and regret of | unexpectedly announced to the er ot Rejations, that be had reseived expt struetions from your Excellency to bring the nogo- remptorily requesting the ap- 1251, wita- tiations to a close, proval of the treaty of the 29h Jamas out consenting to any ef the modific bad been proposed by the Mexican government, ‘The history of these ocsurrences, with the ollivial | correspondence relating bhereto, will be presented to your Excellency by Senor Don Mun’l. Larratasar, Minister Plenipotentiary from this government, who had already departed for Washington for the purpore of giving you all the explasations whieh the case requires—and also to aesnre you of the sin- i ition on the part of M >, to miiatain ong with the United States. presented by Mr, Loteher is an vd much attention, and propar- ed the general mind for the injury which is intended to Mexivo, denying her in practies wh st is eonood- ed to her in theory, the Fight freely to ap- BY The ullimatum act which has attr, prove or zejoett pecially avhen this right ha. bec your Exectlonoy in this same you disapproved of the treaty eoncladed on” the 22d of Jone, 1sh0. Bat what is altogetine i ensibie w O:loans compray ze MOste matter, eomeile > possible sacrid own, avd wi | two fiiendly navi » eontliet— proposi tious bave been d, end that said company a weler to plunt themselves on the private ich preseats insuporable diffi nities sof all kinds. On por- » ineomprehen- to that whi rvenient ject partioularly ai bring the tvo countries ir » this intenti bat it was known 6 yuld not and wd not perform. Here, Mr. Pre ont, is a —2 mestery which time will disglos, and a entirely unkne to tbe heads of the two your excellensy i 3 painfully a3 T am, in see the 2 which i 1 to & course besos with > one Ww presents no obstacles, snd t © UMW: inleresto of the company are snert- feed for a shatow d evn for a privilege ro utierly extinct as that Jaray, when Mexieo ten- ders them another which nothing efn take away | from them. | In this unfortunate business, however, there is hing more banefal than a mere myetery; thore i ch have been carefuiiz set afloat £0) re de with a view to blind the judgment and lead astray hoth the people ami the President of the United States. The first efforts wera naturally dirceted | + Exeellency, in order to convines you sof Garay, and of the legality of” his transfer to the company which now claims those | rights. To achieve this they haye not been sern: | pulous ea to to be nsed—those resorted to being decei mation; through the former they aimed to obtain the protection of the govern- met of the United States, and with the lattor to deprive Rexico of the sympathy and good will of all men, by representing her as a perfidious nation, faich- leek to her word and to her pledges, These, Mr. President, are. the means that have been used by thoee, WO, speculating Upyn Me geod Faith of the ge ment and peopte of the United States, have sought to throw the mantle of the former over a | common place and private transaction. The true history of this affair, traced from the fountain head, and supported by suthenticated docn- ments, you will find in the accompanying report from the Minister of Relations, the perusal of which I recommend to the enlightened wisdom and probity of sour Excellency. In it you will find everything— absolutely everything—for none of the facts have been left out, or even exaggerated ; the truth ap- pears in all its simplicity and nakedness; every page bearing evidence that if there is avy cause for complaint, Mexico, who bas been the vietim of every kind of outrage, offensive to her character and de- rogatory of her rights, alone has the right to com- plain. ‘I repeat, that I recommend its perusal to the impartial consideration of the first magistrate of the nation, whose dnty it is to decide irrevocably, concerning the proservation of friendship with Mexico, to that by reading it without bias or preju- dice, he may say, onclosing the last page, whethor his copvictions remain unchanged. We are both of us accountable to God and to the | world, for the use we make of the power entrusted to our hands. Although it was my wish to leave to your own honest convictions any opinion which may be form- | ed on the perusal of that document, nevertheless, I think it proper to call your attention more partieu- i | | | | , induces me most earnestly to ree bbe your lency to leave nothing undone to adjust tho | eontroversy upon the subject. Every day’s delay is | dangerous ; and if it cannot be settled, I fear the | time muct soon come when it must disturb the har- menious relations now so happily existing between | ahe two countries. I+ seems to me that, indepen- dently of the plighted faith of Mexico, she must feel a deep interest in settling this queetion and | ing this communication. I cannot doubt that tke enlightened and liberal views of your Excollen- gy will induce you to concur with me in these senti- | mente ; but whatever may be the result, permit me to express to you the high respect and esteem I en- | tertain for your character, and to assure you that | Jam, truly and sincerely, your friend, (Signed) Mitvarp Fitimors. PREAIDENT ARISTA TO PRESIDENT FILLMORE. (Translation.] NatvionaAL Panacr, Mexico, April 15, 1852. Po Hie Exceliency, MILLARD Fi.tmore, President of the United States of America. Dear Sir—I bave received with espovial satisfac- tion your Excelleney’s esteemed favor of the 19th March, in which, after reviewing the difiiculties whieh appenr to threaten a disturbance of the feed now ba oo | between Mexico and the United tates, your Excellency manifests the most earnest desire to remove them; at the same time urging me ‘to contribute, on my pari, all that may be in my er towards the attainment of an object so de- @uable to both countries. Your Excellency may west arsured that my sentiments, and those of the entire nation, are in union with yours, aud that, in- Avenced by this feeling, absolutely nothing has boen Jefi undone in order to remove any motive or canse of conflict. Certainly it is not the fault of Mexico ‘that the lementable differences which have arisen are not at this timo adjusted, greatly to the ad- ewantage of the United States. Amorg those enurmerated by your Excellency, there is one which ¢ertainly cannot produce any fe- rious difficulties between the two republics, for Mexico has always been disposed to consent to the ing of a communication through tbe Isthmus Tehuantepec, for the free and untrammelled oom- merece of the whole world ; in this respect she 8 entirely with the ideas and principles ex; by xcellency in your last meesage to Sony het ernment has given assurance of this in all ite official acts. Tho explicit and full confirmation of this intention, your Excellency will have ro- marked in the projet for » treaty, which the Minis | ‘ter of Kejations presented, on the 3d of January last, | ‘to the minister plenipotentiary of the United States, ae & snbetitute for the treaty then pending, but which presented insuperable difficulties in the way of ite being approved. Thesame feeling now existe, for even aficr this sentiment had been misunder- r, on the one side, and reproved r, (as shown by rejection of | Jay, a bill wae introduced 4 so of Deputies, imposing on the govern- snent the obligation to prosoed immediately to open the eominuniontion by Tehurnieyen, and authorizing it at the enme time to tooke use of all the means, that it may judge proper ant necessary, for the at- into the Hous spr larly to one point, in order to counteract the in- fluence of a certain prejudice, which might find a re- eponse in your generous and noble breast. Your Excellency reminds me of the neceasity im- poced upon you, by your office, of defending the in- terests of your feliow-citizens wherever they may | be, showing that the occasion might present itself | when this necessity would produce a conilict be- tween the two countries for the protection of the New Orleans company. I understand perfectly well the position of your Excellency, but at the same time, I find that your judgment bas been influenced by the unrighteous system of which | I have complained above, and by means of | which the government and people of the United States have been led into error. I boseech your Excellency to read ey the passages marked on the 13th and 26th pages of the enclosed report, as zou will there find that this necessity does not and cannot exist; for the contractors for the right | of way were especially bound to renounce their alle- giance to, and the protection of, the United States, and of every other foreign power, as the only condi- tion upon which this right could be acquired. If | they did not think proper to renounce this alle- giance, they could not then, and cannot acquire le- gally tie right to the eoncession of Garay; and not having acquired the latter, the only pretext is destroyed for the intervention of their government. Ido not doubt that, after considering seriously these simple reflections, you will be persuaded that the cause br this apprehended conflict is entirely removed, and that your Excellency is perfectly at liberty to foliow the course dictated ry your own just and generous sentiments. Any line of con- duct different from this would be to create difficulties repugnant to the dictates of justice and | to_the interests of both republics. i 1 have heretofore shown what are the sentiments of the government of Mexico, in relation to open- ing the way of communication by Tehuantepec, and also that it was favorably disposed to treat with contractors, whoever they may be. This enterprise will be carried out, and if those who declare them- eelves mostly interested in the matter do not take | any part init, it will be because they do not desire it, or that other interests, of a private character, are brought in conflict with the undertaking—in- terests which will certainly not be upheld to the | injury of the principal object, not even it their aban- donment should jeopardize the peace, quict, and well being of two friendly nations. be The opportunities which the government of Mexi- co has presented for reconciling these interests have | been numerous; humbling itee!f even ou some oova- | sions, when it could do so withont oompromisin the intercete and self respect of the nation, A ite efforte have boen fruitlows—and your Excellency | will be convinced of this, if you call for the oorres- | re which hae taken place with the American Legation on the subject, and which the Envoy of | Mexico will explain to you according to his in- structions. atte ay, y fuenced the Minister of the United States, in- | cerbity of feeling, which he carried so for ay to give serious offence to the Minister of Re- Intions, haa completely altered the aspect of affairs This he did in the very note in which he asked that the treaty might be submitted to the conside- | yation of Congress; and the unfavorable impression | tainment of the object. Tu presented in an authentic form, prove most indieputably that Mexi- © from opposing tlis great work, encourages ft ae much ae poesible, i ” onely shows that it cannot, be a cause for disagreemen n ber and the Un States Bui, by the side of thingy t | there iv one which 6 reality intrinsic eharacter. which are con 1 the proten, ions adya Orleans company, that tho opening of the commu: twuces | from who appear v in no other way oxcept under th ranted to Don Jore Garay. ‘Tit pretension, (whi Gr ieveher believes bisnvelf bound y to | wWpbic!!.) bas consed the utte ding | ne) tions, by blocking w a prue = Wwpromire fe ther incor patih | with the which doolare | ne ext a | s extention ler auct st was imporsible to negotiate a satis | potory troaty—NAd 1 negotiated, nothing would | celle which cannot be overste the rigbt to publfo respect, a would be placed ia that abject oouditi were to yield te unjust andext These ty, an as a vatien, in order to ploce thom at the feet of one of her own citizens, who, trampling spon tae duty which he owed to | and in & spirit of ¢ | ful is | enid, t | Congress, for the final decision of that body. certain bounds ont jeopardising public ey ~ | r va gant protenslo! retensi¢ns require the cacrities of her dig of the prerogatives which apperbain to be ¢ 3 convtry, has driven her she finds her into tbe davgereus position in whic! self Last night I reetived your Excelteney’s lettc and although Mr Letcher bas offered to detwia tie stemmer three or four days, | have preferrot roy! y- ing ut onco, being desirous that my answer should | reach you as goon as possible, in order to preven’ apy divagreenble imprestions which might be pro duced by the news of the rejection of the troaty on | the 7th mstant. ‘ If, on the sailing of the stoame:, | anything of importance shall have ocourred worthy | of attention, I will write again, eadin the pre sent with the ase ex which ou, of ths sincere regard which is entertained for you by your | friendand obedient servant, (igsed.) Maniano Anisra. WR. LARRATNZAR TO MI. WERSTER, UPravslation J Mexroan Lec asion 1n rae Untrep Srares, 2 Wasninoton, May 31, 1862. ; Tho undersigned, Envoy Kxtraondinary and Min- jater Plenipotentiary of the republic of Mexieo, bas the bovor of addressing himself to the Hon. Danie! Webster, Seeretary of State, for the purpore of in- forming the government of the United States that the Chamber of Depnties of the National Congress of Mexico bas rejected the treaty for protesting the opening of a way of communication between the two oceans, by the Isthmus of Tehuantepec, which was tigned onthe 25th of last January by the pleni- potentiary ministers of Mexico and of the United Riates. Actuated by the purest motives, and de- sirousto avoid this result, the Moxican govern- ment adopted the ovly means, that under those cir- cumustanees were at al! practicable, which was to en- ter info a new negotiation with a viow of removing ihe difficulties and obstacles that presented them- relves sgainst the treaty, and which were calling forth the strongest oppositon: publie sentiment— especially the opinion ofthe most intolligent and guirhed men, being generally pronounced in jocided wanuer, as to leave In order to enter into en of the ex- dist suoh cear, uniform and corion of the term, i which had been golivited by tho minister of syrpublic in Me Prem the first conferences, cficm) notes, the Mexi ' to understand, frankly y to have the treaty o ‘ ry di t whieh it Ia- h were boi nd avoid the against it—predict this was not D nid be rejected. ‘The Secret ainted with the tory of this power whieh it exersires, to attock the constitution would be 10 destroy that tide, and to decree politicnldvarh. The powers vested in Congress aro pot absoute aod indefinite; there 14% vphere of | orion, tbe boundaries of “hich is saanot overstep. | snd nothing could have jastied s contrary Nino of conduct, Whish would have met with very #troxg, sistance, and which would have vo groaly endan gered public safety, and the preservation of uso yepublie ‘The enlightened government of the Unitod States, thet bas always eviveed sach profound oot for the fundamental lyw of this repablic, looking apoa ; it as sacred, that knows the importance of pro- | serving itin all its force, and is ablo to alate the consequences that might result from a different, course of action, will daly appreciate the eoudac! of | he Mexican Chamber of Deputies in the doaision | which it gave upon this subject. Let it not be eupposed, he wover, from the maanér | in which this business has terminated, that Mexico will cease to onre for the opening of a route of inter oceanic cemmunication through the [svhmns of Le- buantepec She is thoreughly impressed with its itoportance, and of the influence it will exerciss over the destinies of the world; aud so far from wishing to delay the constrnetion of a work of this charac- ter, there was presented in that very Chainbor of Deputies, shortly after the rejection of the treaty, a project of law, which, resting upon ample and solid foundations, and tending to facilitate the collecting together of all the means and clements which are necesrary for the construction of tho work, offers greater probabilities ef realising the same in ashorter time, to the benefit and advantage of all those na- tions that look vpon commerce as tho source of wealth, prosperity, aud civilization, Moxicofoeelsthe greatest possible interest in facilitating thie com- meree, and in rendering it more exteasive. She knows that the way of accomplishing this vould be by favoring the establishment of this new route of communication, and she has always been disposed tosee it carried into effect; but she wishes that all may partake in this stupendous enterpriso—that it may vot be a mere matter of speculation, as it has been in tho course of little more than ten yenis—but a reality; and in ordar to seeure this consumwation, she relies upon the assist- ance and the means of her own citizens, wishont slighting the aia of individuals of all nations, with- ont any exeeption whatever, who wieh to take part in the enterprize. She is now endo ing to fix t onditions undertaking is to be enrr & standard count of their origin, wer will she operation and the good will of the goveramon? of the United States, which is so deeply interested i this way of commonication, on account of t menses advantages that wil! asrue to the cor agrienlture, snd the industrial arts of Ame facilitating the relations of said government wi the most distant vations. Mexico hopes te meet with a similar co-operation on the part of those other nations thot are eapable of appreviating atl the fiaportance o ining a freo and open tran- e sit ever enid re commerce of the whole from it he will Lave perceived how ve bo Moxiean go- Verpment was to bring the matter to a sooest recting ail its efforts, a3 ib hos boen rds the rewoval of every obstacle, in order to precept io Congress a treaty, whieh, ewhodying all the points that ought to be oon- tained’ in it, avd being once freed from those and obstacles which had been uoticed will 8 usefal and advantageous to alos: certain, in all proba- The Minister of R explicit in the expression t might have been known what light this mattor was of a)l his opinions, # from the beginning in viewed by him. This proxpeet conld not be otherwise than flat- tering to thore who understood the solid prigviplos which govern the intercourse of nations among themselves; for a long time a hope was entertained that the efforts which were being made woald not prove altogether fruitless ; because Mr. Letehor, who knew positively the truth about everything —who was acquainted with the state of public opinion— who foresaw what would become of the treaty by sending it to Congress for its revision, in the shape in which it has been conceived—solicited an extension of the term hee upon for its ratifi- fication; stating that he did so in order that, on the treaty being modified, all the difficulties which were in the way might disappear, aud the matter he definitely “settled in such ® manner as the great Ynportunve of the subject required; for which purpose conferences had already boon held relative to a project that had been presented by the Minieter of Relations, as a substitute for the pending treaty. He did more yet. Convinced a3 to the gravity and importance of the points which hud to be considered, he intimated thas it was 1m- possible to accomplish that task in a few days, and, therefore, be begged that the extension might be prolonged until the 25th of the present mouth of duno, flattering hi f that, before the term had expired, ail the dificnities would be satifaetorily arranged, This is the aspect the businoss had ase samecd—the Mexiean government giving it the most earnest and sseiduous attention—when Mr. Leteber informed sxid government that the pending nogo- tiat’ovs must be considered at an ond, because, ac- cording to his instructions, he was under the neces- tity of insisting upon the approvalof the treaty without any alterations whatever—exprossing @ wish that it sbould be immediately submitted to A do- claration like this cut short all flattering hopes that been conceived. It fettered the action of the go- yernment, put an end to all its efforts, and left it no other alternative than to comply with the wishes of Mr. Leteber, by sending the troaty to the Cham- ber of Deputies, which it actually did two days bo- fore the expiration of tho term agreed upon for th: ratification. The result was euch as has been state at the beginning of this note. The undersigned deems it to be his duty to call the attention of the honorable Secretary of State to the faithful and exact statcmont of facts ho has just given, because it places Mexico in a position where, it is hoped, justice will be done to ber; for, as he will have noticed, a new negotiation was open- | ed by Ministers authorized to do so, for the purpose of introducing such amendments in the treaty as might remove every difficulty. In their conferences they adopted, not the text of the pending treaty, but a new project of convention as 2 substitute for the former, and they went to work upon the sub- ject witha full knowledge of the circumstances oon- nected with it, and with the deliberate purpose and eettled determination of agreeing upon & new treaty instead of the old one, allowing that the first was 1m) cable. in view of all that has been stated above, it was to be expected that the ratification of the treaty, in the shape in which it then was, wonld not have been insisted upon, because the result had been an- ticipated and foretold long beforchand, and this was an abandonzient of the priffcipal object, which was to conclude a treaty concerning a ronte of in- tercommunication, by the {sthmus of Tehuantepec, which should guaranteo a free and open transit to every nation. If, then, the treaty which had been concluded, and was then pending, has miscarried, nothing can be alleged in reproach against Mexico, whose go- vernment has endeavored, on its own part, to re- move everything that could have interposed an ob- stacle, in order to secure a happy issue to the treaty, pointing out with fr: ess and good faith, the dangers and impediments, which it was indispensi- ble to avoid, so far as to offer no opposition to many points, and to stoop to make concessions, which wore at variance with the strictest principles of justice and public interest. Mexico has only refused, what, under any cirewmstances, she neither could por ought to have coneeded—that for instance which vould have wounded her dignity and self-respset— that whick trenched upon her rights and preroga- | tives asa free, indepondent and sovereign nation— that, in short, which waa opposed to ber well under- stood and firmly established interests. On the other side, a treaty which wae conceived in obscure and ambignous terms; which embraced points that ougat net under any consideration have been introduced in it; whieh rested upon a grant, that so fur from hav- | ing publie opivion in its favor, was entirely 0] mi te Pi , ly Op- it, in consequence of the many de- leets it labored under, and because but uttle pru- dence and foresight hed been used in the manner of proceeding, by making unnecessary snarifices, granting, with a oh band, what under dif- ferent circumstances should no! have heen obtained, without securing searcely eny kind of precaution or naranty, in regard to the complete execution of the work; a treaty with such characteristics could not be advantageous to both countries, beewase its very obecurity, and that which had been the sub- ject of so much debate ond opposition, wes ealea- lated to engender differences and disagreements, and would become @ fruitful source of contentions, wend- ing to alter those relations of peace and good under- standing, which for the true and solid interest of the two republics, ought to be preserved unchanged. These remarks, whieh the undersigned thought tt any other nation would probably refues. Your Ba- | j, produced in the public mind wns such as to-influ- | bis duty to make, will of themsvlves sutice, in his enoe not a little the disagreeable istae of the mat- | opinion, to justify the rejectio onty; and ter. Sines then, other communications have beon | jh ie convinced thab the Becretary of State will received fi im of the samecharacter, which have | think the ame; but oven if had ex- beon allowed to remain unanswered, ia order not to | isted, there was another obetaclo which would have pioduee embitterment of feeling, it being at last | prevented its being a od, and thot ig, that in letermined to the matter to the governmont | sevoral of its articles, it Was at voriunce with the of the United § r. Lotchor being invited at | fundamental Jaw of the republic thogocon- | me time t@ suspend a)! correspondence ‘amon | cerning the mode of « ng a tling the dil | soggested by motiver of | ferences and controversios v risa be | nde many manner # pacific | {ween the Mexican govern ntractora. | io nt, but has reference only to | This obstacle was, in ove , ineurmount- | the pereor whose instrumentality this | )Jo, While the prerent constitution of Moxieoex onght te ought abouts and with a view to | ists agit ie—so long as thu titution if not fi pe oboe ein ud accomplish the peaceful and | omended, withthe prevoribe omit Congress | Your acdiene ail ¢ sreotve that | NOL subartéute its own author the place of it, Marion; Sarthe take of Sonnets meal | nor act in opposition to it, been, by doing 6a, i Siam (Of proserving internal a would fil in the performance of f ite mostim: | fue to coneede wh ‘ions with her frionde, is wills | portant dutier ; anG because said constitution, be- 4 heede what is proper, and even that which | ing the title by which ite oxittenco ne a legislative body i# logalized, acd from which it derives the | world, The und is of the opinion that rhe difficulties which bave pr J until now, will urmounted, and that all interests will be reconciled. Tho Mexican government ennnot bo persuaded, that by placing the matter upon this footing, there can be room for any differences between the two republies, which may endanfer their amicable re! tions If tho only ‘thing aimed at i: the opo ofa way of communication between the tro for the better eecurity and greater advantage of commerce, respecting in everything the fuk an- thority, jurisdiction, snd other rights, which Mexico exercises over this portion of her tory, as emavating from her govereignty, all of which must be preserved in all their integrity—if the object sought to be accomplished is, that the way of com- munication ball not be for the exclusive benefit of any one, but be free and open to the commerce of the whole worki—if, in short, this is_tho ovly ob- et which the government of the United Statoa as bad in view, and is still endeavoring to encom- pass, there can exist no just cause of diepnte and disagrcement betwoen the two governments, be- cause that of Mexico has very clearly expressed its opinion on the subject; and certainly, there cannot be found anything in it, which is not liberal, open, and propitious, in conformance with the requisites of civilization, and the iuterests of all nations. To these explanations, which the undersigned hopes will be reecived by the Secretary of State in the same epirit of candor in which they were con- ceived, and the desire of asserting, and of making more fully known the cordial and friendly feelings by which the government of Mexico is actuated, he will only add, that the question of the treaty has neither altered or-dimimehed those sentiments in the least; that serious considerations. such as he has stated, have prompted this decision without any other Views or interests being mixed up with it, and much less of prejadices against the inhabitants of this republic! I repeat, in onclusion, that Mexico is extremely anxious for the opening of this way of communication, and that in the consummation of this enterprise sho will pay no attention to the ori- gin of those who desire to take part in it, but only be biased by the amount of guaranties and advan- tages which they offer, and the greater security for the exeeution of the work. The undersigned avails himself of this oseasion to tender to the Secretary of State hie most dietin- guikbod consideration. {Signed] Manvet Lanvarnzan. The Hon. Danrer Wenstre. MN. WEBSTER TO MR. LARRAINZAR. DEPARTMENT oF SraTE, Wasnincton, 30th June, isa. The undersigned Secretary of State of the Uni- ted States, hus the honor to acknowledge the re- eceipt of the note of Mr. Larrainzar, Envoy Jixtra- ordinary and Minister Plenipotentiary of the Mexi- can Republic, of the 31st ultimo, upon the subject of the rejeetion, by the Mexican Congress, of the treaty for the protection of a right of way across the Isthmus of Tehuantepec. The object of Mr. Larrainzar’s note appears to be, to review the conduct of Mexico reapecting that treaty, and to assign causes for its rejection. The reasons which Mr. Larrainzar assigns for the rejection of treaty, in fact.“areno others than such as have in substance been frequently discussed be- tween the two governments, and the President does net perceive any utility in going again over that diseussion. , If, however, Mr. rainzar hag any distinet and definite proposition to make to this government, it will be most respectfully received, and answered without delay, as this government is most anxiously desirous of coming to some arrange- ment with Mexico on the subject of this communi- cation, asearly as possible. Mr. Larrainzar is pleased to eay, that Mexico her- self is extremely anxious for the opening of the same communication. The President is happy to receive this stareret | and bopes that Mr. Larrain- y a0- zar will be able to distinguish bis mission, b complishing so great an object as would be obtained, by bringing the two governments toa state of agree- meut and harmony in this respect. He looks earnest ly, theretore, for Mr. J.arrainzar’s proposition. And the undersigned has the honor to say to Mr. Larrainzar, for the information of his government, that there arc three points on whieh the government of the United States wishes to be clearly and dis- tinetly underetood by Mexico. The first is, what indeed Mexico alre: knowe, that the government of the United States, in bendy to open the commu- nication across the Jethmusof Tehuentepec, has not wished to obtain any exclusive advantage for itself. Its desire has been to have that communication free to all nations ; but it has not concealed, and does wish now to conceal, its sense of the importance of that communication to the government and to the citizens of the United States. The United States possess a vast territory on the shoros of the Pacific, een the republic of Mexico. his territory is fast filling by an active and enterprising population. One State, formed out of Fart of it, is a component part of the American ‘nion, and other States will, doubtless, soon be crested and admitted. One of the most ticable communications hetween these parts of the same country and government, is d to be bya railroad across the Isthmus of Tehuantepec. This Isthmus is a possesion of Mexico; but asa medium of intercourre and communication, the proposed work acroee it ie highly important to hor, to all the rest of the world, and especially to the United States. And Mr. Larrainzar of course well under- stands, that according to the acknowledged princi- ples of public law, and the uanges of nations, an- cient and modern, the obligations of good neigh- borhood and national friendsbip make it the duty of # State to allow reasonable trunsit over its own territories, to the citizene and subjects of other vale governments, for the purposes of commerce and other peaceable commnnications. The second observation which the undersigned has the boror to submit to Mr. Larrninzeris, that the government of the United Sratos caonot but enter her citizens will be able, within an time, to effect so desirable an objoot by resources. And the third is, that the government reasonable of Mexico United States will not consent that @ between the oceans of this point under tho exclusive enpervision or ontrol of a third power (t only remains to be the grant to Ton Jose d a privilege emanating fr of Moxico, which they 1 bee Hed by anth tin their efforts to fulfil! th ray are in poss pm the overnment, le far 1 f] conditions of this grant they have snot ny Jorees and expended Iarge sume of hese | claime, or r omens a United Rtates cannot he ind The undersigne to offer to Mr. La © of fr high consideration Dane, Wee ler oSexon Don Mantis Lannainzar, &0. | in ccrions doubts whether Mexico herself or | their own | st distinctly understand, that the government, of | ssion of | ecribed by Jaw in regnrd to the mode of treating oxd resolving such qnestions according to their | characte a circumstances, bo dep fwith? & | | simple atement of the truth as to the frets, shows | conclusively that even though the obstacle alluded | to, had n isted, the protection songht for ix | | Premature aud j UR LARRAINOAR TO Atk WOOSTER. [frandation } Mexican Leear.on in rns Wasmnaron Joly 10, 452 The ondersigned, Envoy Hx raordinary and Mni+ tor Plenipotentiary of the Mexiean Repablic, har (bo hover of etavirg to the Hon Daniel Webster. Soo- relary of State. in reply to his note of the 30th o! Jeet wonth, whieh he received ow the tn instant, thet ho eeea with great eatisfaction the interest takep by the government of the Unite i Ube epesdy opening of a way of commante tweon the two by the Isthmas of Tebaanteps ao highly important on account of the advantey that atast resnlt from v United Rrates, and generally to all nations | werk will rot be deferred. | consummation of the same, ¢! will be road | measures adopted which may satisfy tho expectu | tion of those governments that aro interested in | | tha development and better progress of eommores. The v raigued willhasten to inform his govern- ment w! are the views which th® Secretary of | 8 s lately communicated to him upon this | in the moanwile, however, he deems it to | is duty to say co bim, that he has not yet re- | rep Starnes. | go3 both to Moxieo mad *he Toe with a view bo tho | | b ceived from his governme™ any proposition which could aetually be made the subject of a new nogo- tistion The government of Mexico, agrosably to the sen- timents expressed by the President, of thia republic in bis last: message, has always showniitself ready to ponclude atreaty providing that the way of com- munication to he opened should not be of an exelu- sive character, but be free and common to the com- merce of the entire world; and ite only care bas been, that it should contain nothing which might endan- or its safety, or redound to its own injury or pre- fratee, or which might be at variance with its dig- nity, the seeurity and immunity of rights and pre- rogatives, free, sovereign and independent na- tion. The undersigned will add, that by the decree which was issued on the fourteenth of last May, the government ix directed to enter into negotiations, by treaties, with the powers that are allies of the repul for the express recognition of the noutral- ity of the transit of the Isthmus in ease of war, in order that fhe advantages of the way of comsuni- cation, may be lasting and peroetnal. Thisrepublic was doubtlessly one of those comprised in said de- cree; avd it would certainly bes matter of great pride 0 the undersigned, if, through bis instramen- tality, the governments of the two nations could come to an agreement on this subject. The Seeretary of Btato eatls very special at- ints, which are, undoubtedly, worthy of consideration. Mexico will never cease to appreciate the repeated assuranoes of the government of the United States, that, in the ope % of the way of communication, it has nor desired to obtain any exclosive advantages for itaclf, but the common benefit of ali nations. Thisis a noble sentiment, and worthy of an enlightened na- tion, up which it reflects infinite honor, Mexico has invariably cherished the same, sigee any serions idea has been ente ned of consummating this work; and this sen nt has been solomnly laid down in the @ @ which she bas just hy de- elorving that the inter-ceeanie communivation by the | Isthmus shall be free and open to all the mations of | the world. This granted, and there being no intention what- ever to exclude any one from the right of transit, there is no necessity for inquiring how far tho opinion advanced by the Sevretary of State, in re- gard to the obligation resting upon uations to allow a reasonable transit throngh their territory, and the wodifications and restrictions with which this must be understood would be applied, be applicable to the present ense. Nor can the exeention of the work present any serious doubts to the government of this republic ; because, independent of the fact, that there is no impossibility on the part of Mexico, trusting in her own resources, to carry said work into effest, by re- sorting to some of the various combinations and measures that can be ae into practise, by stimu- lating public epirit, avd showing the necessity and propriety of a general and effective co-operation. In the aforementioned decree, it wos songht to remove all doubts, and secure the execution of the work, by allowing the formation of a company, in which na- tives or foreigners could take part, or the latter only, without any distinction of nationality ; and it is ensy to foresee that, if the first expedient had failed in its object, there would have been no lack of contractors, since it is a question of a work whieh tention to three p not baving been ««ficinotly unde? on prineij of oxpediousy. If they Wek onneines oes undergone cou-iderable expenses as they say, they . should Have stared the fact to the Moxiown govern- ment, andheve resorted, onder such cironmstances, toall legal meahs, without knowing what wonld have been the ision of the latter in regard to such losees expeuses, and what would have been ite action, they had no right to resort to this ex- treme measure, beeanse until then there did notex- ist any cause wha'ever to render such a stop neges- bary. This view of the easo is rendered more clear when it is cousidered, that the Mexican govern- d,on various oceasions, that it is y irable and friendly sentiments to- wards the parties interested—that it is ready to listen to any propositions which may be made to it, and to treat with them, for ths parpose of sacing whether it would he possible to enter into an agree- ment which would shorten all diffienltios; the | Seeretary of State will find it still more striking when he knows that much more has been done yet; | that the Mexican government has sought that ap- | plications might be made to it in writing with » view of efiveting tbat object, and that both its feiendly disposition, aod its efforts have been with- ont avail; this medium of conciliation, of peace and of harmony, has hitberto been rejeeted; what is sti] more remarkable is, that instoad of re- — sponding to this call, the nation is hambled_ and outraged through the pres3; the govern- ment is calumniated and insulted in its columns, and, setting aside those principles generally recognized, they resort every now and then toa protection which the enlightened government of the United Srates knows how to extend to its citizens, but on proper occasions, avd when all cir- cumstances render the eame necessary. ‘The undersigned is not aware whether, when the Secretary of State said that the government of the United States could not remain indifferent to these reolamations, he knew of the facts mantioned above; he cherishes a hope, however, that when he shall have informed himself thoroughly of the erra~ tie conductof the complsinants—of the improper and prematurense \ltv have made of the privilege to in- vyolve the protection of the United States government --of their contempt for the anthorities who invited them tomake a stotement of their claims, and their toavoid the application of the laws which govern these questions—and_ sets the authorities, whose duty it isto take eognizanse of the same, at defiance---he will, in his wisdom and diseretion, esti- the conduct which has been pureed in this how little reason and jastico there ntervention of the goverament, These are all circumstances aa ation; and il! Mrally he formed on this important matter, if it is horne in mind that the question whieb bas been agitated between the parties inter- ested in the Garay privilege and tho Moxiean go- yernment, is ® que ich coneerns its interior administration, rese og whieh, ia order to decide points appertaining to it, no other authorities could, or ean, be Tecognize sept those created by the constitution means employed except thore preseribed hy the laws. } In the aforesaid aratement of the Miniater of | Relations, it hos been stated positively that Mexi- eo, making use of the right w! all nations have, to dictate all the measures whieh they may consider necessary for thoir preservation—above all, in order that no ove may dispose of their territory without their consent—so that they may impose the conditions on which the same ean be acquired, and | dofend their prerogutives and sovereign rights, has declared nol! and void a privilege of which an un- luwful trafic had been made, “reserving for the aiplatiany the entire right to obtain redress ac- cording to law.” i The undersigned is of opinion that, npon the know'edye of this declaration, and the good dis- posi which the Mexican government ha3 ma- nifested in thoee other declarations which it has made on various ocoasions, the Seeretary of State | will he convinced that there is everything that | could be desired in the actual state of the businoss to bring it to a favorable issue; and he eannot com- prehend upon what principles or arguments the interested parties could lean tn order to distarb tho natural order of the thing. pretending bvtore they have any right. and without considering any of the facts etated above, to claim the protection and | favor of the reepected and enlightened government | of thie republic. If, under similar circumstances, and with such | | nv of the United Sta which Geman an opinion holds out grest advantages to those who may iavest thrir enpital in it. With regard to the declaration contained in the third point, the undersigned must beg leave to say, that Mexico is not ignorant of the rights which spring, from her ep eer ars and sovereignty, and the restraints which nations, in their intercourse with cach other, must, by the laws of nations, re- spect, before which they must pouse in_ their pretensions. Mexico, sccording to her eircum- stances and uecessities, has a policy pecu- liar to bereelf, and in whatever concerns her interior management, she neither grants nor al- lows of any influence or intervention on the part of any foreign power. These sentiments, inaccordance with public opinion, and the interests of the repub- lie, are » guaranty for all nations; and the same will likewise be found embodied in the decree fre- quently alinded to, in which it was ordered that the contract which the government may enter into should not contain any clause tending to favor, in consequence of the privileges which enid government may grant, any reclamation whatever, on the part of foreign governments, against the republic, nor in any way to impair the prompt aud full exercise of ite sovereignty on the Isthmus; and this removes and prevents ajl intervention on the part of foreign wers, whatever ey may be, withou: giving rise 'o any cause, for fear lest the way of communication should be placed under the exclusive contro) and su- pervision of any power. Before concluding this note, the undersigned can- not avoid touching—altheugh he may do go yery su- perficialiy—upon another point, about which the Se- eretary of State bas made ce intimations ; and ihis is concerning the privilege which had been granted to Dr. Jose Garay, notwithstanding that he does nothing more then ly to refer to the opinion entertained by the parties interested, jose who sustain thom, in regard to this busi- ness; and that he only added, at the conclusion of this note, that the government of the United States cannot, on its own part, rel indifferent to these reclymations. In the various notes which haye been exchanged, and eye in the statement, which, with a view of establishing the rights and the justice of Mexico, and to vindieate her conduct in this business, the Minister of Foreign Relations wrote, of which one Becretary of State has, no doubt, already been ap- rised, because the minister of this republic in exico was officially informed of the fact, this point hasbeen fully considered and discussed; this renders it unnecessary for the undersigned to enter into details, since nothing new has been prevented, subsequent to those documents. Howover, if there is any Ping reqaia any enlargement or eluci- | dation, he will not fail to givo it. The undersigned, fully confiding in the Lan a ment and equity of the government of the United States, hopee that when the latter shall have made itself thoroughly acquainted with these documents, and the new datas, with which it had not before, pol, been enfiiciently acquainted, because the: are filed away among tho archives of Mexico, it wi have found how inuch Mexico was justified in refu- sing to acknowledge the existence of the aforesaid privilege, whore forbidden possersion cannot be con- sidered as Jawful, nor has it, until now, beon duly reputed as such; it will likewise have become con- yineed that the indixspenaable circumstances avd conditions which, from the beginning, Us Seg eaid grant, and the subsequent measures which have been adopted in regard to it, justify the declaration that has been made. The Seen ee facto, which was in existence, from which they obtained o favorable declaration, whe not porsesred of absolate and unlimited power, but was subject to restrictions; and the nature of the power is n circumstance which eannot be set aside in order to qualify its acts; the legislative bedy qualificd said government, and it had oa right to do so, and to invalidate the act, not only in virtne of its natural powers, and in virtue of the principles and maxims observed in Mexico, and eupported by her legislature, but bo- cause it was, moreover, invested with express aud final powers to that effect. The parties interosted have appealed for protection to the goverument of the United States; but when the Secretary of State sees that they themselves had renowteed this pro- | tection, and deprived themeelvcs of all right to tho eame, by the act in which they invoked in their fa- | vor the Pesta of the decree, and the contract in | which there conditions are laid down, he will bo | come convinced that they canrot invoke the pro- tection, and that the government hag no right to | grant To thia must be added vn very remarkable cireum- ptane ich as that of having claimed that pro- tection, when they had not even taken all the mea- pores (hat éhould have preceded, in order té justif | astep Of that charactor, Tha means of appesl, |‘which the Inws ailow ta all those who believe themeelvce to havo been aeeniled in, or de i of, any r , aro eaay and feasible the necesn “to courts and other suathoritios, is f and open. Why have they not ny Jos of this? Why did not thowe, tho protection of the United States, sition of their complointe, andexbibit | re the founda ypon which tho right, lieve themeelver to b ; iestion# of this kind, wh tawa of the country, the territory of which considerntion, can the forms pre- y ag th ° the subject uncer vedmistibie in consequence of ita antecedents, the Secretary of State being well ac- || uninted with all the facts, any foreign minister — should come to him, sustaining such proceodings in Tegard to his own countrymen, the uodersigaed be- lieves that the Secretary of State, zealous and con- cored for the dignity and respectability of his na- tion, and a strenuous defender of its prerogatives and whatover would be duo to it in this re- spect, that he would bo very little divposed to favor euch pretension, and that he would endeavor to allow things to take their natural course, avoid- ing, in this manner, the precedent which would be | established, under such circumstances, and the con- sequences which would be entailed by “srrivitg at anv other decision The undersigned repente that, trnsting in the fenre ef jusiice of the government of the United States, he hoped that the condact which has been popes by Mexico iu this matter, will be foand to ¢ in conformity with the eternal pnd mnchangin, yrinciples of reason and universal justice, to Which the has endenvored to conform herself ‘Tho undersigned has the honox of tendoring again, with much plensure, to the Secretary of State, the assurances of his distinguished consideratton. [Signed } Manvei LARRAINZAR. Hon. Danier Werster, &e., &o., &e. esc oecmeme aERS Oar South Pacific Correspondence. Lima, Peru, June 23, 1852. Arrival of Garitaldi—His Reeeption--Eyuador Offers Him the Command of the Army Against Flores—The French and Itahan Popuation in Lima--The Italian Opera—The Prima Downa, Barili- Thorn. @everal Garibaldi, the defonderof Roman liberty, | arrived here a few days ago, from Canton, where he | had taken a cargo of guano ; he is now captain of a Peruvian vessel trading between this country and — China. Garibaldi does not belong to that class of men who, wandering in foreign countries, become the apostles of ‘* material aid ;” he works and teils for his livelihood, rather than depend on the sup- port of any political party, or humbug the people with flare-up speeches, & /a Kossuth. When he ar- 4 rived in New York, although anexile, and penny- | lees, he declined any public reception, and went to — Staten Island to work in a mannfactory of sperm candles. The Italians in Lima intended to offer hi a nae tional banquet, but the pure and true ropublican declined, giving nx a reason that while Italy is moaning under the iron band of despotism, he will ' never Cad fn ony ean festival, which would be an insult to the sufferings of his native land and country men. Tio government of Equador. has offerod the de- fender of Rome the commission of generalissimo of their sepalits to oppose Flores. Should Garibaldi accept the offer, ho would inapire the people of Equa- dor with new valor, and gather round him ‘& power- ful Jegion of Italian and French exiles, always read, to fight for liberty ;_ and should he draw his swor for Equador, be would prove to be as terrible a foe bie Pee as he was to Rosas while defending Mon- video. The citizens of Lima are in a great rage fer the Italian Opera: the theatre is crowded every night, and although the company cannot be com to what you are accustomed to see in New York, et the young and beautiful prima donna, Bigra. | rili-Thorn, married to tho son of Col. Thorn, the millionaire, makes us forget the vocal imperfec- tions and acting of the other artists. The whole ble presa, of this city, viz.: El C E Dorreo, ane’ RT Interprete del Pueblo, are lavishing praises to the accomplished prima donna, who re peated Lucia for cight consecutive nights, and ere ated a great furore in ‘ Lombardi.” Never before have I witresged goh a poy t ' ' f lar enthnsiasm for a tongetress, as on the first night of ‘ Lombardi.” 4! Comercio compares the higher notes of Barili- Thorn to the coiestial sounds created by Sivori's vielin; her acting is perfect, hor singing botonas to, the pure Italian echool, and her soul is copa ie of conceiving all the passions and feelings of the sub- ject ehe 18 re uired to perform. Tho sceond night of this opern, she was followed home by a procossion of musical amatenrs, and honored with o serenade. Tho ovly topics of conversation in Lima, gre tha Ttalo- American sieta donna, Barili- Thora, and the expedition of Flores against Equador. Naval Intelligences U. 8. Beer Sr, Loris The followin; fleers of thir ve just put fn commie: Commander, H.N. ngrein, Heq.: Lente Glovon. B J. Perrott. J 1. steaso 4 list of the of at Norfolk + geon, J.D. Miller; Purser, — Fugeon, W. &. Corrivgton; 3 : A Banecrott Ghirardi; Chee, B Smith, | ¢. Varker; Dootewain, Alfred Hinger: | ; Carpenter, Aca Polusott; Sail. veyise serjoowen Pernec, Lieuts. Courd and Totten, from windward. arrived at Key West on the 4th inet, awd is to be laid up In ordiaary, JoMMARDER Jackson hae gone on to take eommal the U. 6, steamer Kuiton, in the Gulf of Mexico, oad Pe aif “AL 7O Guant TreatRican Licexsrs.~ The Common Conneii of Hartford have refused to tee theatrical exhibitions in that eity, by a vole of 18 tee 4 : ' af Boye Peonmurs rRom Ruyntyea wr 7 J b tr Fy Escinea in Pritavecensa —Che Mayor of Vhilndetpate has Issued en order, directing the artes rowing with fire engines,” viniaetnetei tram