The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-12-09

sun ana await the adjustment OF such petty
controversies. The Government of the United
States expect no more than this, and they will
not be satisfied with less They would not, if
they could, derive any advantage from the Mica
ragua transit, not common to the rest of the
world. Its neutrality and protection, for the
common use of all notions, is their only object.
They have no objection that Nicaragua shall
demand and receive fair compensation from
the companies and individuals who may tray
erse the route; but they insist that it shall
never hereafter be closed by an arbitrary de-
cree of that Government If disputes arise be-
tween it and those with whom they may have
entered into contracts, these must be adjusted
by some fair tribunal provided for the purpose,
and the route must not be closed pending the
controversy. This is our whole policy, and it
cannot fail to be acceptable to other nations.
All these difficulties might be avoided if,
consistently with the good faith of Nicaragua,
the use of this transit could be thrown open to
general competition, providing at the same
time for the payment Of a reasonable rate to the
Nicaraguan Government, on passengers and
freight.
In August, 1852, the Accessory Transit Com.
pany made its first interoceanic trip over the
Nicaraguan route, and continued in successful
operation, with great advantage to the public,
until the 18th February, 1856, when it was
closed, and the grant to this company, as well
as Its charter, were summarily and arbitrarily
revoked by the Government of President Rivas.
Previous to this date, however, in 1854, serious
disputes concerning the settlement of their ac-
counts had arisen between the company and
the Government, threatening the interruption
of the route at any moment. These the United
States in vain endeavored to compose. Itwould
be useless to narrate the various proceedings
which took place between the parties, up till
the time when the transit was discontinued.
Suftce 1t to say that, since February, 1856, it
has remained closed, greatly to the prejudice of
citizens of the United States. Since that time,
the competition has ceased between the rival
routes of Panama and Nicaragua, and in con-
sequence thereof an unjust and unreasonable
amount has been exacted from our citizens for
their passage to and from California.
treaty was signed on the 10th day of No
vember, 1857, by the Secretary of State and
Minister of Nicaragua, under the stipulations
of which the use and protection of the transit
route would have been secured, not only to the
United States, but equally to all other nations.
How and on what pretexts this treaty has failed
to receive the ratification of the Nicaraguan
Government, will appear by the papers herewith
communicated from the State Department.
The principal objection seems to have been to
the provision authorizing the United States to
employ force to keep the route open, in case
Nicaragua should fail to perform her duty in
this respect. From the feebleness of that Re-
public, its frequent changes of government, and
its constant internal dssensiOns, this had be-
come most important stipulation, and one es-
sentially necessary, not only for the security of
the route, but for the safety of American citi-
zens passing and repassing to and from our
Pacific possessions. Were such stipulation
,broo in, hato, FL, O..
and Nicaragua, the knowledge of this fact
would of itself most probably prevent hostile
parties from committing aggressons on the
route, and render our actual interference for its
protection unnecessary.
The Executive Government of this country,
in its intercourse with foreign nations, is limited
to the employment of diplomacy alone. When
this fails, it can proceed no further. 1t cannot
legitimately resort to force without the direct
authority of Congress, except in resisting and
repelling hostile attacks. 1t would have no au-
thority to enter the Territories of Nicarag ua,
even to prevent the destruction of the transit
and protect the lives and property of our own
citizens on their passage. 1t is true, that, ON
sudden emergency of this character, the Presi
dent would direct any armed force in the vicin-
ty to march to their relief; but in doing this he
would act upon his own responsibility.
Under these circumstances, | earnestly rec
ommend to Congress the passage of an act au-
thorizing the President, under such restrictions
as they may deem proper, to employ the land
and naval forces of the United States ia pre-
venting the transit from being obstructed or
closed by lawless violence, and in protecting the
lives and property of Americaa citizens travel
ling thereupon, requiring at the same time that
these forces shall be withdrawn the moment the
danger shall have passed away. Without such
a provision, our citizens will be constantly ex-
posed to interruption i'll their progress, and to
lawless violence.
A similar necessity exists for the passage of
such an act for the protection of the Panama
and Tehuantepec routes.
In reference to the Panama route, the United
States, by their existing treaty with New Gran
ada, expressly guaranty the neutrality Of the
isthmus " with the view that the free transit
from the one TO the other sea may not be inter
rupted or embarrassed in any future time while
this treaty exists
In regard to the Tehuantepec route, which
has been recently opened under the most favor
able auspices, our treaty with Mexico of the
30th December, 1853, secures to the citizens of
the United States a right of transit over it for
their persons and merchandise, and stipulates
that neither Government snail "interpose any
obstacle thereto. 1t also comedies to the
United States the " right to transport across the
isthmus, in closed bags the mails of the United
States not intended for distribution along the
line of the communication also the effects Of
the United States Government and its citizens
which may be intended for transit, and not for
distribution on the isthmus, free of custom
house or other charges by the Mexican Govern
ment."'
These treaty stipulations with New Granada
and Mexico, in addition to the considerations
applicable to the Nicaragua route, seem to re-
quire legislation for the purpose of carrying
them into effect
The injuries which have been inflicted upon
our citizens in Costa Rca and Nicaragua, during
the last two or three years, have received the
prompt attention of this Government, Some of
these injuries were of the most aggravated char
acter. The transaction at Virgin Bay, in April,
1856, when a company of unarmed Americans,
who were in no way connected with any belig-
erent conduct or party, were fired upon by the
troops of Costa Rica, and numbers Of them
killed and wounded, was brought to the knowl
edge of Congress by my predecessor soon after
its occurrence, and was also presented to the
Government of Costa Rica for that immediate
investigation and redress which the nature of
the case demanded. A similar course was pur-
sued with reference to other outrages in these
countries some of which were hardly less aggra-
waited in their character than the transaction at
Virgin Bay. AT the time, however, when our
present Minister to Nicaragua was appointed,
in December, 1857, no redress had been OBJ
tanned for any of these wrongs, and no reply
even had been received to the demands which
had been made by this Government upon that
of Costa Rica, more than year before. Our
Minister was instructed therefore, to lose no
time in expressing to those Governments the
deep regret with which the President had wit