The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-12-04

| be thereby augmented, while the defensive
ability of others would be reduced. Though
the surrender of the means of prosecuting hos
tilities by employing privateers, as proposed
| by the conference of Paris, is mutual In terms,
| yet, in practical effect, it would be the relin-
auishment OF a right of little value to one class
of States, but of essential importance to another
and far larger class. 1t ought not to have
been anticipated that measure, so inadequate
to the accomplishment of the proposed object,
and so unequal in its operation, would receive
the assent of all maritime Powers. Private
property would be still left to the depredations
of the public armed cruisers.
/ have expressed readiness on the part of
this Government to accede to all the principles
| contained in the declaration of the conference
of Paris, provided that the one relating to the
abandonment of privateering can be so amend
ed as to effect the object for which, as is pre-
| sumed, it was intended, the immunity of pri-
vate property on the ocean from hostile cap
ture. To effect this object, it is proposed to
add to the declaration that "privateering is
and remains abolished" the following amend
| ment Sand that the private property of SUBJ
| jects and citizens of a belligerent on the high
! seas, shall be exempt from seizure by the pub
lie armed vessels of the other belligerent, ex-
cept it be contraband." This amendment has
been presented not only to the Powers which
have asked our assent to the declaration to
abolish privateering, but to all other maritime
| States Thus far it has not been rejected by
any, and is favorably entertained by all which
have made any communication in reply.
Several of the Governments, regarding with
favor the proposition of the United States, have
DELAYED defnitive action upon it. only for the
purpose of consulting with others, parties to the
conference of Paris. / have the satisfaction of
stating, however, that the Emperor of Russia
has entirely and explicitly approved of that
modification, and will cooperate in endeavor-
ing to obtain the assent of other Powers; and
that assurances of similar purport have been
received in relation to the disposition of the
Emperor of the French.
| The present aspect of this important subject
allows us to cherish the hope that principle
so humane in its character, 80 just and equal
in its operation, 80 essential to the prosperity
of commercial nations, and so consonant to the
sentiments of this enlightened period of the
world, will command the appreciation of all
| maritime Powers, and thus be incorporated into
the code of international law.
Ny views on the subject are more fully set
forth in the reply of the Secretary of State, a
copy of which is herewith transmitted, to the
communications on the subject made to this
Government, especially to the communication
| of France.
ne NOVernm60J Oh tue Oullcu OSdlSo udo d1
all times regarded with friendly interest the
other States of America, formerly, like this
country, European colonies, and now independ-
ent members of the great family of nations.
But the unsettled condition of some of them,
distracted by frequent revolutions, and thus in
capable of regular and firm internal admins
tration, has tended to embarrass occasionally
our public intercourse, by reason of wrongs
which our citizens suffer at their hands, and
which they are slow to redress.
Unfortunately, it is against the Republic OF
Mexico, with which it is our special desire to
maintain good understanding, that snch COM
plants are most numerous; and although ear
nestly urged upon its attention, they have not as
yet received the consideration which this Gov
eminent had right to expect. While repara-
ton for past injuries has been withheld others
have been added. The political condition OF that
country however, has been such as to demand
forbearance on the part of the United States.
shall continue my efforts to procure for the wrongs
of our citizens that redress which is indispen-
sable to the continued friendly association of the
two Republics.
The peculiar condition of affairs in Nicaragua,
in the early part of the present year, rendered it
important that this Government should have
: diplomatic relations with that State. Through
its territory had been opened one of the princi-
pal thoroughfares across the Isthmus connecting
North and South America, on which a vast
amount of property was transported, and to which
our citizens resorted in great numbers, in pass
ing between the Atlantic and Pacific coasts OF
the United States. The protection of both re-
quired that the existing power in that State
should be regarded as a responsible Government
and its minister accordingly received. But
, he remained here only short time. Soon there
after the political affairs of Nicaragua underwent
unfavorable change, and became involved in
much uncertainty and confusion. Diplomatic
representatives from two contending parties have
been recently sent to this Government; but, with
the imperfect information possessed, it was not
possible to decide which was the Government
de facto and, awaiting further developments,
/ have refused to receive either.
| Questions of the most serious nature are pend
ing between the United States and the Republic
of New Granada. The Government of that Re-
public undertook, year since, to impose ton
mage duties on foreign vessels in her ports, but
J the purpose was resisted by this Government, as
being contrary to existing treaty stipulation
with the United States and to rights conferred
by charter upon the Panama Railroad Company
and was accordingly relinquished at that time
it being admitted that our vessels were entitled
to be exempt from tonnage duty in the free ports
, of Panama and Aspinwall. But the purpose has
been recently revived, on the part of New Grana-
da, by the enactment of law to subject vessels
visiting her ports to the tonnage duty of forty
!
been put in force, yet the right to enforce it is
still asserted, and may, at any time, be acted on
by the Government of that Republic.
The Congress of New Granada has also enact
ed law, during the last year, which levies tax
of more than three dollars on every pound Of
mail matter transported across the lsthmus.
The sum thus required to be paid on the mails OF
the United States would be nearly two million
dollars annually, in addition to the large sum
J payable by contract to the Panama Railroad
Company If the only objection to this exaction
were the exorbitancy of its amount, it could not
be submitted to by the United States.
The imposition of it, however, would obviously
; contravene our treaty with New Granada and
! infringe the contract of that Republic with the
, Panama Railroad Company. The law providing
for this tax was, by its terms, to take effect on
the first of September last but the local authori-
, ties on the Isthmus have been induced to sus-
pend its execution, and to await further instruc-
tons on the subject from the Government of the
Republic. | am not yet advised of the determi-
nation of that Government. If a measure so ex-
traordinary in its character, and so clearly con-
trary to treaty stipulations, and the contract
rights of the Panama Railroad Company COM
posed mostly of American citizens, should be
, persisted in it will be the duty of the United
States to resist its execution.
regret exceedingly that occasion exists to in
wife your attention to a subject of still grayer
, import in our relations with the Republic of New
Granada. On the fifteenth day of April last, a
riotcas assemblage of the inhabitants at Panama
committed violent and outrageous attack on
, the premises of the railroad company, and the
passengers and other persons in or near the same
, involving the death of several citizens of the
J United States, the pillage of many others, and