APPENDIX. 
285 
the Survey to cease, and the members of the Commission to return with 
all dispatch to the United States, except a few, who will remain, under 
the present conditions, in charge of such property as cannot now be dis- 
posed of, until final orders on the subject be received from the officers of 
the Company irt the United States. " I send, as you have been pleased to 
order, the names of those who will leave the country, as well as of those 
who will remain. 
I have the honor to be your Excellency's obedient servant, 
J. G. Barnard, 
Chief Engineer of Tehuantepec Survey. 
El Barrio, June 9, 1851. 
Consulate of the United States of America, 
City of Tehuantepec, Republic of Mexico. 
By this public instrument of protest be it known to all persons, that 
J. G. Barnard, Major U. S. Army, and William H. Sidell, Civil Engineer, 
citizens of the United States, agents of whom it may concern, did, on this 
eleventh day of June, A.D. 1851, personally appear before me, Charles 
R. Webster, Consul for the United States of America, at this place, and 
enter their solemn protest against the Government of the Republic of 
Mexico, the agents and officers of said Government. The said Major 
J. G. Barnard and William H. Sidell, agents as aforesaid, hereby pro- 
testing against the said Government of Mexico, its officers and agents, 
declare and say, that on the 1st of March, A.D. 1842, a grant was made 
by the Mexican Government to one of its citizens, having for its object 
the construction of a road or canal across the Isthmus of Tehuantepec, 
and that the privileges of said concession were from time to time extend- 
ed by the legal acts of said Government, until, in the year (A.D.) 1850, 
all the duties having been complied with by the said citizen or his as- 
signees, and the rights under the concession remaining in full force, " and 
the honor and public faith of the nation having been pledged under the most 
solemn protests to the grantee or his assignees — whether natives or foreign- 
ers — that all the conditions on the part of the Government should be hon- 
orably fulfilled" it was resolved by them to obtain a thorough survey of 
the route, with a view to the immediate construction of the works neces- 
sary to its being properly opened ; that, in pursuance of this, the said 
Barnard, one of the protestants, with a party of engineers, came to the 
Isthmus of Tehuantepec in the month of December, A.D. 1850, and en- 
tered upon the duties with the greatest activity, his party being large and 
