The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-04-07

trratyl- nothing whatever The gentleman is entirely
mistaken The whole instruction IL in reference TO the
c charaeier of the contract or charter M
Mr. DOUGLAS will read the preceding sentence,
and we will see then who is mistaken: si's tasa
',Ifihey do agree PASSAGE reasona.
and p5ops ,se ss,s our o sna our
Mr.. CLAYTON If the gentleman will look at The
context which goes before, he will see that the word
g they" refers 10 the capitalists
Mr.. DOUGLAS Will read what goes before
See that IL is not assignabe 10 other thar
privileges grated 20 nata~ thar will nor agree 70
lhe treaty stpnaons with Nicaragua that The tolls
be demanded by the owners are no, or
pressive that power be reserved to the popHeof OF
the canal their to exto al time hereafter
or unjasy TO obsact or smha'nss The right OF passage
not agree TO grant US passage on ana proper
'ems refuse our protection and our connenanee TO po
from Nicaragua IL charter giant Of
tho right OF shall have been ncauousy or inconder
aely made before your arrival In that country seek 10
view"
Mr. CLAYTON. The honorable senator will observe
that thai does not refer TO treaty The grant o The
right OF way was different thing II was contract
between the local government and the captalisls-no
treaty al all
Mr. DOUGLAS. The senator's explanation is doubt
L. IS satisfactory himself He may imagine that il will
su his present purposes to place upon his sructons
the ruct on for which he now contends; but IS
wholly unwarraned by the language he employed. HIS
instructions speak O. securing the right OF way to "us
To whom did he allude in the word .us" Did he refer
to The capitalists, proprleors and spectators who should
become the OF the charer' Was he one OF The
company and therefore authorized TO the word "us
when speaking of the rights and privileges 10 be acquired
OF foreign nation through his agency as Secretary OF
State have supposed that Mr. Squer was sent to Cen
trail America represent the United States and to protect
our rights ana Interests as nation. have always done
the senator from Delaware the justice 10 believe that
when he gave those instructions TO MIR. Squer he was
acting behalf of his country 10 secure the right OF way
tor canal TO the UNITED STATES, and not to few capl-
talis,s and speculaors under the title OF us For the
honor OF county, will still do him that justice. not
withs,anding his disclaimer His instructions also speak
of the right Of way TO nations and caution Mr. Squer
g that eIclu,ive privileges are granted 10 any
,sshyn," &c.
Ii plain therefore, that in the instructions relative 10
of the earth, Mr. Squier directed that
elusive privilege granted any other nation and
not to claim any peculiar advantages tor our own.
Then follows the concluding paragraph which has been
read: ssa
IF a charter grant of the tight Of way shall have
been ncau'iony or Internationally made before your arri-
answer the ends we have in view,
Modified bow' If before the arrival of Mr.. Squer in
the county, Mr. hse shall have acquired charter or
which shall peculiar privileges or exclusive
his this country he TO GEEK TO have il mod.
hed open the rghs ard privileges TO all other
nations equal terms This = what understand 10 be
meaning o. those Instructions and II 10 clear that Mi
Squler understood them in the way for when Mr.
Squie arrived In Nicaragua, and discovered by state
ment in newspaper oil The lslhmus that MIR. Hse
was about making treaty Tor canal, without know
ing what It's terms were, without waiting TO ascertain
It's provisions, he sent al once notIce 10 the gov
eminent OF Nicaragua that Mr. Hise wss not au-
lhorized 10 treat--lhat he did not understand the
policy and views OF the admins,raon-lhat be
bad been recalled, and that any treaty be might make
must be considered and treated unofficial ACT. lie
communicated this protest TO the Secretary OF Stale on the
day, and then proceeded his point OF destination,
whsre he made treaty for the right OF way for canal
all nations the partnership plan pursuance OF his
Instructions These two treaies-tbe Hse treaty and the
Squier ueay-were in the Department, of Stale a. The
same ume-ihe one having arrived about the middle OF
September and the other about the hsi of October 1t
then became the duty OF The senator from Delaware, a.
Secretary of State, TO decide between them; in other
words, 10 determine whether he would accept OF
elusive privilege to his country enter into part
nership with The nonarehies OF Europe lie did deter
NINE that question, and bis decision was IN favor o
pafine Ishp, and against his country having exclu.
sive control OF The canal.
Then, sir, think was authorized TO say what did
say, that the CONGRATULATIONS oi the Hse treaty by the
government OF Nicaragua procured by the agent
OF general Iayors administration in that country and
that the agent acted under the authority OF this govern
meDL He certainly acted in obedience 10 what he under
stood be his instruction and that IS, the instruction.
that # such charter had been ncauuously granted. 10
seek TO have II modified 10 conform TO the ends had IN
view, stated IN the instruction.
Mr. CLAYTON. w al the senator allow me to inter-
rupt him Il not very material point, still 1t is better
TO II right than wrong. II the senator will only
read the last paragraph he will that the charter
grant. OF the light OF way which MIR Sluier was
Instructed 10 not lncaulious'y made, was a
vefy different hing indeed from the treaty and be will
luat lDd IS tue lntfg
look TO, as stated and endeayored 10 be understood
Yesterday and as was anxious be understood by the
gentleman this poDt--what instructed the minister
10 look to that The contract oil these capitalists should
be such would enable them to extoft from persons
using the canal The last sentence OF the instruction a
plies, he will look ii, exclusively TO the of the
contract, and not TO that OF the treaty
One remark more: How s II possible for the gentle
reconcile The fact that The State Department could
know or imagine that Mr H-e had made ueay on the
"a OF May, $780, when those instructions were given
when in point of fact Mr. Hise not heard from un-
tl June afterwards. How could | imagine any such
thing And again How could possibly suppose that
Mr.. Hse had made treaty, or was gong 10 make ttea
y when the records OF the State Department showed
the Instructions gwen to him by Mr. Buchanan, 10 which
he tells AR Hse TO make treaty whatever with Nc.
aragua II the gentleman reconcile these iLngs
should be happy 10 hear him.
MIR. DOUGLAS | will have less difficulty in recon-
cing these bngs with my views of his instructions Than
he will with his construction OF Them. | have already
sho that the instructions related 10 the right OF way
10 nations and not TO individuals; that they were in ia
vor OF equal rights 10 all nations, and opposed any Pc
cullar privileges country. Is It not
sonshe suppose that The instructions meant what they
said it's TO conceive that our minister objected TO
procure the odhcstion OF contracts previously entered
into with individuals, and for the observance OF which
Nicaragua supposed to have pledged her faith ss
nation Was minister sent there 10 represent ndl-
vduas IN their schemes ot procuring charters and
private account interfere with and prevent
The faithful observance o such contracts that
ment might previously have made with our citizens
Others While this supposuon might extficate the
senator iron his present difficulty this point, would
tend 10 eeva the character OF diplomacy dufng
hs administration of the State Department. think do
the senator more justice by the construction have put
upon his conduct than he does by bis explanation
But, sir, | wish 10 know whether | understand the
senator now Does he wish nov be understood as
thai he pfeerred eNclus privilege his