268 
APPENDIX, 
(continuation.) 
6( That for the fulfilment of the preceding decree, and in accordance 
with the enactments of the Supreme Government, it was determined to 
draw up and execute the title deeds to which it refers, effecting them in 
the best and most binding form ; and, therefore, he declares that in the 
name and with the power of the Supreme Government fully and ex- 
traordinarily authorized by the before-mentioned seventh clause, and by 
its especial tenor, he grants to Don Jose de Garay the exclusive power 
of opening and constructing in the Isthmus of Tehuantepec a communi- 
cation between the Pacific and Atlantic oceans, with the obligations, 
rights, and advantages contained in the preinserted decree dated the 1st 
instant, conceding to him in full right of property and dominion all the 
waste lands in the Isthmus within ten leagues on either side of the pro- 
jected communication, granting him also the same right possessed by 
the nation of making use of the private property for objects of public 
utility, that he may acquire the grounds necessary for the transit, in- 
cluding a space of one fourth of a league on either side, with due and 
previous remuneration to the proprietors according to valuation, and 
without regard to the increased value which the grounds may afterwards 
acquire in consequence of the projected works and the expenses incurred 
by the parties effecting the communication ; and under no excuse what- 
ever will the Government lay any tax or impost upon any of the articles 
passing through the Isthmus during the period in which the proprietors 
of the transit shall have the exclusive enjoyment of its proceeds, as well 
as the regulation of its tariff rates, as mentioned in the seventh and eighth 
clauses. That in the name of the Supreme Government, and under the 
most solemn protests, he declares and promises that all and every one of 
the concessions mentioned in the preinserted decree shall be honorably 
fulfilled, now and at all times, pledging the honor and public faith of the 
nation to maintain the projector, Don Jose de Garay, as well as any pri- 
vate individual or company succeeding or representing him, either na- 
tives or foreigners, in the undisturbed enjoyment of all the concessions 
granted, holding the National Administration responsible for any acts of 
its own or its agents, which, from want of proper fulfilment of the cove- 
nant, might injure the interest of the proprietors- — all, of course, subject 
to the exact tenor of the inserted decree. And Don Jose de Garay be- 
ing also present, and whom I hereby certify I know, said that he had 
accepted, and again accepts, the above-mentioned contract, and solemnly 
submitted to all and every one of the conditions therein expressed, ac- 
