The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-09-20

send you herewith some observations on the alera-
lions proposed by the British Minister in the conven-
ton negotiated by me, as the representative of the
oniieo states, with the republic of Nicaragua now
before the Senate, and awaiting its action.
hat convention was signed on the Sd of Sep
teinhef, Isi9, eight months before The signature,
hho nine months before the ratification of the con
ven'lon between the United States and Great Bri-
tain' 70 respectto inter communication. 1t
was also sent into the Senate, for its action pre-
'lousy to the signature of that convention.
| , III is now claimed by the British Minister, that
the convention with Nicaragua shall be modified to
| conform 10 the convention with Great Britain. AID
uniting, for the instant, that there is discrepancy
between the two conventions, il is submitted whe-
| .her the compromises OF the United States with
nicaragua, being anterior to those with Great Bri-
TAM are net binding upon US, and not to be inva!i-
dated by any subseq uent act For, in point of in
lernailonal law, Nicaragua, though comparatively
small and weak, Is equal with Great Britain.
But II is not admitted that there is any discrepan-
cy between the two CoDve ntons, in letter or spirit
and II 10 imFer'inence in the British Minister to IN
rseuan treaty unless he shear clearly IN WHAT the
cort consists, and this he has ute rly failed TO do
Arucle thiriy-hve. at the proposed treaty, is in
The following words, and it is understood that the
| parts quoted are those TO which Mr.. BulWer OBJ
| jtcts:--
ARTICLE XIV.
IL is and has been stipulated by and between the
! high contracting parties:-
let. That the citizens, vessels and merchandise of
The United States, shall enjoy all the ports and har
ooTs OF Nicaragua upon both oce ans, total mp
lies, any other similar charges now existing or
which may hereafter be established, in manner the
same az If said ports had been declared free ports
And it is further stipulated that the right of way or
u inst across the territories of Nicaragua by any
route or Upon any mode of communication al present
| existing, or which may hereafter be constructed
shall al all times be open and free TO the government
and citizens OF the United States for all lawful pur-
poses Whatever; and no tolls duties or charges of
any kind shall be imposed upon the transit ia whole
| or part, by ssch modes of communication, of
M ~ hnpn h.lzn n
yernment OF The United States, or on public mails
sent under the authority of the same, or upon per-
sons IN It's employ nor upon citizens of the United
| states, nor upon vessels belonging to them. And
il is also stipulated that all lawful produce manu-
| foctures, merchandise, or other property belonging
70 citizens 81 The United States, passing from one
ocean 10 the otht IN either direction, for the pur
pose OF expectation TO foreign countries, shall not
be subject 10 any import export duties whatever
or il citizens OF the United States having introduced
! such produce, manufactures or merchandise. into
| the State OF Nicaragua for sale exchange shall,
within three years thereafter, determine TO export
the same, they shall be entitled 10 drawback equal
TO four-hfths of the amount OF duties paid upoR their
| Importation.
I'd. And nesmuch as a contract was entered into
on the twenty seventh day of August, 1919, be-
| tween the republic OF Nicaragua and a company of
| citizens of the United States, styled the Ameri-
| can Atlantic and Pacific Ship Canal Company, and
IN order to secure the construction and perminegce
| OF the great work thereby contemplated both high
| contracting parties do seyerally and Jointly agree 10
| iEttttt SEb utltDu the EDONe named cOmlany, IN
the foil and perfect enjoyment OF said work, from
ne inception to Its completion, and after its compile
uon, from any acts of inva sion, forfeiture, vio-
Itnee' IRON whatever quarter the same may pro-
cted and 10 give full effect the siipulations here
made, and 10 secure for the benefit of mankind the
| uninterrupted advantages of such communication
ON sea TO sea, " the United States distinctly re.
1 cogDlses the rights Of sovereignty and property
which the Stale II Nicaragua possesses in and over
the line of said canal" and for the same reason
guarantees positively and etcaciously, the entire
neuifally OF the same, so long il shall remain
under the control of citizens of the United
States, and so long as the United States shall en-
JOY The privileges secured TO them in the proceed
ing section of this article.
sd. But II by aEy contingency the above named
American Atanhc and Pacific Ship Canal CoTnpa-
ny shall tail 10 comply with the terms of their coz
iisei WIN The Siaie oil Nicaragua, all the rights
! and privileges which said contract confers, " shall
accrue 10 any company of citizens Of the United
STATES which shall, within one year after the Off
car decisranon OF failure, undertake to comply
WIN us provision, so far as the same may at that
hine De applicable, provided the company thus as
sung sald contract shall first present To the Pres-
dent snd Secretary of State of the United States
satisfactory assurances Of their intention and ab
" TO comfy with the same of which satisfactory
assurances the signature of the Secretary of State
and The seal OF the Department shall be complete
evidence
ith. And it is also agreed on the part Of the re-
pubic OF Nicaragua that none ofthe rig hts privileges
and ,mmuniues guaranteed. and by the preceding |
articles, but especially by the first section of this
article, conceded TO the United States and It's cii-
zens, shall accrue TO any other nation or TO is cti-
z.s, except such nation shall first enter into the |
saline treaty sp1l,tion for the defence and protec-
uon of TIE proposed great inter-oceanc canal, |
which have been entered into by the United States
~ teims The same with those embraced in section
- ot this article"
The reason Of the objection TO the recognition of |
The right OF sovereignty of Nicaragua, over the
bne OF the proPoted canal, IN obvious enough. |
great Britain has no intention Of relinqushing her
hold on the port Of San Juan de Nicaragua, which
II the only possible term nus the Atlantic coast
for ship canal, for any other line of transit
which may be established across the Nicsrsguan
There is no; an intelligent man in the United
states but knows that The rights Of Nicaragua over
this port and the territory known the Mosquito
shoe, are indispuiablc; not but knows that the
pretended Brit sh pro,ectorae there il fraud. and
The so-celled Mosquito kingdom fiction Yet the
nited states does agree Gas perhaps che oughD
TO maintain the ~ hts Of Nicaragua in the dispute
between her and Great Britain; she simply lends
her the moral force Of her recognition of them
Consistently with her duty, on general principles
could she do lrss in behalf OF an outraged sister
puhi
Ii is indeed question. whether the United States
does not owe Il TO her own security, 20 interpnse
directly against British interference on the Mos
quito shoie. The right offoreign powers 10 acquire
virtual territorial jurIsdicon uuder color OF sus
70 ming the pTtiensions Of savage Indian tribes
sovereignty. ~ oEe which cannog be admitted, and
ought not TO be allowed to PASS INTO precedent
In this instance, the sluaiid, leprous brood Of
mixed Indians and Negroes. called MOscos or
Mosquios, never laid clam TO sovereignty, except
80 isr az they were ins'iga,ed TO do so BY Jamaica
Traders ard British agents.
In concluding the terms Of the Convention with
Nicaragua, the rights end lryilcgss secured 10 the
lni'ed States and its citizens, aud which are Of
the most liberal and sweeping character, were
cunct dtd, because and in consideration of the
moral support which the recognition Of her terri
tonai rights gave &C. Nicaragua in her unequal con-
ties, with Great Britain. The same considerations
influenced the concessions made in the contract /
with he American Atlantic and Pacific ship
Canal Company, and which are infinitely more
iavofs Die than any previously made II would
Therefore, be an act Of bad faith toward Nicaragua
90 withdraw our recognition Of her rights, and
would justify her in declining 10 comply with the
obligations which she incurred in view Of IT, do
not say tlai she would proceed TO this extent bat
| hazard nothing IN saying that such an act, upon
our part, would greatly weaken n not DESTROY oar