The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-04-07
CONGRESSIONAL.
DR. enCH OF HON. 8. A. DOUGLAs.

18th Of April. 1880. ,uu E
Mr. DOUGLAS said; Mr.. President have nothing TO
do with The controversy which has arisen between tne
senator from Delaware mir CLAYrosl and my venerable
friend from Michigan tIr CAss who now absent 10
consequences OF The severe ness OF one nearest ana
dearest 10 him We all know enough OF the senator TO
h. ha, when he shal be in his place, he will be
prompt to respond any calls that may be made upon
him Neither have anything 10 do with the dispne
which has grown up among senators in respect TO the
boundary Of Central America, and the position OF the
British settlement VI the Belize leave that in the hands
OF those who have made themselves parties TO the
troversy Nor shall become party TO the discussion
mon the issue the senator from Delaware and
the chairman oil The Committee on Fofegn Relations IN
their report on that sqn Not having been present
when the committee made their report and not yet having
had the opportunity Of reading il, leave the chairman
OF the committee 10 vinaica,c his osIt'ons as doubt
not he viii prove hims IL sbundan,ly able 10 do. have
therefore only 10 ask The attention OF the Senate to such
points as the from Delaware has chosen to make
against . speech delivered by me lew weeks ago in
this chamber. e tsE,fs. IL 5s, IEa Et.#
toned the proprey of withholding from the consdera
,oa OF the Senate what is the Hise treaty. and
the substitution OF The Clayton and Buwer treaty in It's
place Those two treaties presented distinct issue OF
great public concern the country; and il differ
ence OF opaion between him and me as 10 which system
OF policy should prevail advocated that sy stem which
would secure the United States the sole and exclusive
privilege OF controlling The communication between the
two oceans. He substituted that other policy which open
cd the privilege 10 a partnership between the United
States aud Great Britain. The senator has assigned
rious for Withholding the Hse treaty from the
consideration Of the Senate The first is. lnat il was
concluded by Mr. Hse without the authority OF this
government That may be true. but il s the first lime
have heard it urged valid reason Tor withhold
ng from the consideration Of the Senate tfeaty the OBJ
es,s and provsons OF which were desirable The treaty
with New Granada which he so warmly commends in
his speech, was made by Mr. Bidack without auhori-
H. President Polk stated this fact in his message com.
municaing the treaty TO the Senate and the senator from
his speech. He therefore knew that fact when he gave
a. reason for withholding the hise treaty that it was
made without authority. .
which the senator has also referred on another point
was entered into by Mr. Tst. not only without anhori
". but in bold defiance OF the instructions oi our gov
ernment TO the contrary. The administration OF Presi
den, Polk did feel at liberty TO withhold these two
treaties IRON the Senate merely because they made
without authority or in defiance OF Instructions for the
reason that the objects intended to be accomplished by
the treaty desirable, and the provisions could be
modified by the Senate 10 make The details conform 10
the objects in view II may not be amss tor me to remind
The senator IRON Delaware that he member OF the
Senate at the time he Mexican treaty subnl ted for
ratification, and that he voted Tor II. notwithstanding II
concluded in opposition TO the inslrncionso our
government IT, therefore, the senator has any respect
for the practice oil the government heretofore or for his
own votes recorded upon the very point IN controversy,
he s not at liberty to obiec, TO The treaty upon The ground
lha, il vas concluded by diplomatic agent without
authority. rst 3
understand The rule TO be this whenever the treaty
made in pursuance Of instructions, the Executive Is
under implied obligation TO submit to the Senate tor
ratification. But ii be entered into without authority.
or in violation Of nsfuciions the administration are at
liberty reject il Internationally. or to send il 10 the
Senate for advice ndmeni. ratification, reecton
according 10 their judgment OF its merits Whether The
Hke treaty perfect in all lis provisions, or contained
obnoxious features, IS not the question u furnished
conclusive evidence that the government of Nicaragua
willing and xious 10 confer upon the United States
The exclusive and perpetual privilege OF controlling the
canal between The Atlantic and Pacihc instead Of
parlnership between and the European powers The
senator from Delaware Chen Secretary OF Sia'e) had the
opportunity OF securing 10 bus own country that lnes,ma
bic privilege either BY submitting 'he hse treaty 10 he
Senate with the Recommendation that be modified
obviaie all the objections which be deemed TO ex-
is, oil its sons, or by making new treaty
which should embrace the principle OF an exclusive and
perpetual privilege without any OF the obnoxious provis
He did not do either. tie suppressed The treaty
refused 10 accept OF exclusive privilege TO his own
soun,,y--snd caused new Treaty. 10 oe made which ,s
United States and Grea, Britain and the other European
powers.
treaty from the Senate that has no, been approved by
Nicaragua II il that Nicaragua did not raufy thai
treaty but why did she fail TO do so showed con-
elusivey IN the speech To which the senator was reply
ing that the approval IN consequence of his IN
stfuctions Secretary OF State, TO Mr. Squer, our
charse d'ss,es TO Nicaragua. II required the whole in
luencs ot the sentative OF government in that
county 10 preve The ratification aud approval OF the
Hise treaty BY the State OF Nicaragua Sir is not a
Satisfactory for supprsssing the treaty, therefore,
that had been ratned By the other party, when The
nonrahca,ion was produced BY the action OF the agent
Of this government IN pursuance oi instructions.
Mr. CLAYTON. desire distinctly to understand the
senator. II understood him, he sad that DIR. hlses
treaty rejected in consequence OF Mr. Squers inter-
iereRce.
Mr. DOUGLAS Yes. sir
Mr.. CLAYTON. And, then, understand him to say
that Mr.. Squier did il by Instruction.
Mr.. DOUGLAS. Ye.. sir.
Mir CLAYTON. Now will the senator submit the
proof to substan,iae tina, assertion! know OF no such
instruction.
Nj DOUGLAS / will do that with great deal OF
pleasure. Mr. Hisc was sent 10 the Central American
States by Mr.. Polk. He negotiated a treaty with the
State OF Nicaragus-he treaty in quesouoa the 2lsi
ot June. isa9. Po that time be had been recalled.
and Mr SQuIer had been appointed by the administration
which succeeded tha, OF President Polk. Mi Hisc had
recsivei no knowledge OF bis removal; no instructions
iom The new administration al the time when he made
The treaty In the insiiucons which The Secretary OF
Slae gave TO Mr. Squief the I'd OF May ls49. when
he about 10 proceed 10 Central America TO super
sede Mr.. Hte, you will hpd that he was directed 10
claim peculiar privilege no exclusive right; no mo-
nopoy Of commercial intercourse" Tor the United States
viii read from the letter OF instructions:
We ,hoed nstu rally proud of such achievement
~ American work but II European aid be necessary
~Seonth IL why .houd repudate ", seiug that our
eNnss honest as " ,opeBy svowcd, 10 claim no pecn
.Pn,uetsi no exclusive right; no monopoly ot COM
70 s oesehtot mankind. be used by all on the same
's v, and consscrsed 70 the enjoyment and q Hd
, @ ~ a.. 80 , hsenoered and inestmab,e blessings which
'"s'''o" "'' Z" 70 al The civilized world"
ihen' ar alter having Instructed Mir Sluier as 10 the
onAs0sI VI .ns teay which he TO iorm-a treaty
whien was 70 open The canal TO the world-a treaty
which WAS to give Us no peculiar pr,yisqe and seente
10 W no exclusive nghis-ster giving t6at ;nsruciino
the Secretary IN The concluding paragraph says.
"HA charter or grant Of the rght of ,s,v a. ~ 49, 49,.
iucsuiisuy or iocons sdersrsly bsis v,,, =,
hat conn.y, "ss 70 nsss properly nodded 10 answer