The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-10-01


any unworthy move but should be guarded from abuse
and that when contracts fairly entered into with
American citizens they should be wantonly violated
Other nations will no doubt pursue the course
ation to their citizens or subjects who may have similar
interests"
" But besides these general considerations applicable
to this subject there are others which impose additional
obligations upon these Isthman Powers, and which bear
WITH equal force upon their relations with other nations
Several of these Powers and Nicaragua especially have
in fact by their public proceedings invited the
ton OF the capital and industry and enterprise Of tho
world in order to open these lines Of communication The
citizens OF the United States have contributed their full
share towards the accomplishment of the enterprise and
this government intends TO use the means in ts power 70
protect them IN the enjoyment of their rights The good
ia,h OF Nicaragua has been committed and large sums
nave Deen expended looking to its faithful observance.
THE BELLY CONTRACT AKNIHILATED.
Here Mr. Cass comes to the contract
entered into by Martinez and Mora with Belly nstructs
the American Minister to abide by the views laid down in
the instructions TO Mr. Carey Jones to which views Pres
dent Buchanan still adheres. He says that 'the United
States while they nterpose objection to an amcablo
adjustment by Costa Rca and Nicaragua of the question
Of their boundary line will recognise no arrangements
which interfere with the existing transit interests as in
sisted on in those Instructions"
'sTle United States more claim for their citizens
proceeds Mr. Cass) an exclusive right to form contracts
for opening these transit routes than they claim
for them the exclusive use Of the routes when
the work is completed This construction is
fair object of competition for the scitzens
and subjects OF all other Powers The work is as open to
Mr. Belly and his associates any other entcrprisng
matter which have any interest for the United States or
would justify their intervention. The first is that
tract Win MI. Belly, with indeed should
terfere with engagements previously existing with Amer
citizens but that all such engagements should be pre-
served inyoate And the second is, that The regulations
and conditions Of the grant should be such 20 render
The routes free and safe 10 all nations ba controlled by no
and upon moderate and reasonable terms" . =
1T is not necessary that should enter into detailed
examination Of Mr.. Bellys contract There are physical
and financial obstacles well political ones the way
of its execution some Of which can hardly be overcome
shall, therefore, only advert of the provisions
rather with view to the future proceedings these GO
vcrnmcnts than from any practical bearing it will have in
this
"But previously to doing will bring to your notice
one extraordinary spuaton which could scarcely have
been expected would be acceptable TO the United States
and which must have been entered into in the anticipation
Of their objections to it, Those objections nsrmount
able.
Ths obnoxious arrangement provides that tho French
government shall have the right to keep two ships
stationed in the waters Of Lake Nicaragua for the entire
duration of the works.
IL persuaded that this proposition will meet no favor
from the French government and that its has been
introduced here unwarrantably and without its know
ledge The equality and security of this oceanic
route constitute great portion of their value 10 the world
and all commercial Powers Interested in their mante
An exclusive right Of these Powers TO exer-
else permanent armed Intervention would give serious
cause dissatisfaction to all the Others and the United
States freely avow their determination to oppose such q
measure, should the governments of Costa Rca and Nj
caragua attempt to carry il into effect
but there additional considerations applicable this
contract with Mr. Belly, and to other contracts for similar
purposes entered into by the government of Nicaragua
which commend themselves to the attention Of the gov
enment OF the United States, and will be dsregarded
There several American citizens who, with different
proper authorities Of Nicaragua for opening and using the
Transit routes with various stipulatons, defining their
privileges and duties, and OF these contracts have
already been IN operation This government has neither
the authority the disposition TO determine the conflict
ing interests Of these claimants But what il has the right
10 do and what II disposed to do, 10 require that tho
government of Nicaragua should act in good faith towards
then and should not arbitrarily and wronguly dives
1em Of rights justly acquired and solemny guaranteed
AMERICAN CITIZENS MUST AND SHALL BE PROTECTED
ABROAD.
"The United States bsliere TO be heir dmy-and they
mean % saseas 10 alct or he PERSONS and property
Their cufcns rtsutng foreign countries and %
for their protection ,ohen ch action is jusfei bv eristino
ssrSssanees sn;. and ey s la. q naos Wherever
they encounter injustice they may appeal the govern
ment Of their country, and the appeal will be ex.
II may be proper to take II is impossible 70 define
advance and with precision those cases In which tn
national power may be eycrtcd for their seef to wha
extent relief shall be afforded. circumstances they
arise must prescribe the rule of action. IN countries
whre reR defined and eatiisled a,os are IN operation
and uhee ueir administration is commttted able an
independent judges, cases riU rarely ,cheys
snnfg.nos ong 49, s.crs 49, ~, .r,,rhsrs
,chre that Is ngforunatsy the case he tnaei States
called gIcu 70 b more ralaat in matching their
ct,stns, and 10 Rierpose efficiently for their protection,
when they subjected TO ortuous proceedings by the
direct action Of the government by lis indsposton
inability 10 discharge its dutcs.n
Mr. Cass goes for many pages developing the
important subject Of damages caused 20 Transit
tractors by the arbitrarily breaking up the contracts
entered into with American subjects without the previous
steps stipulated In SAID conventions 10 be taken before
grantees He complains Of the usual manner of the
government of Nicaragua Of declaring o solemn conven
ton null Or forfeited by simple decree Of the executive
without waiting for tho necessary discussion be.
fore the competent tribunals, either judicial or
composed of arbrators, named by the respective par
ties according TO the struations laid down in the
tracts When he has fully treated with wonderful lucdty
this vital subject, he audes again, general review 10
the difficulties originating from the unwse policy Of the
Ncaraguan and Riean republics and concludes his
valuable document with two paragraphs, which are, in
auN mn nFp ls lo
This government, however yet ndulgcs the hope that
returning sense cf justice may induce the governments
Of Nicaragua and Costa Rca To recognise their duties and
to afford redress for the serous complaint which
the United States have urged Bmat pcor-r they should
gorernmef hare yielded enough % the msaknes @ taoe
relslcs, and pitoa doing nem ijusiee, thy lcin
take edre and do justioe 20 hsp,seires.
Preparatory TO such action may be necessary, a
naval force viii be stationed NJ San Juan del Norc and
also at san Juan del sur and a Rcaco with orders " az
ford All necessary protection 10 the persons and property
Of American citizens and the commanding officers will he
directed 70 communicate with you aud you viii not fail
70 keep them advised upon all the subjects which may
late 20 the execution Of the duties thus entrusted them
WHAT WILL NICARAGUA Do IN rmE PREMISES.
What will he the action Of the Nicaragua government
by Gcndsa lamar that demands for ali Just claims
will be presented. s very difficult 10 guess. Az for
money Nicaragua has none A. for pride and insoence
dcmniy for all the wrongs and damages caused by the
stupid fcoshness Of the Ncarsguan Msndarns 10 Aner
can companies aud private American ctzcns, Is thing
almost impossible account Of the utter poverty of this
government. To give an honorable and Just salts.
faction for tho gratutous insults made by this govern.
mentto the United States also equal impossibty for
the pride Of these ridiculous Quixottes Tho United States
however have said their last word and of they
viii no, 6c disposed 70 draw IL back nor can thcv be
allowed 70 do without shame Great things then must
take place before short time. These people feel n but
they are 20 ndolent that the Columbus gone
and on her the American Minister resident leaves for |
Costa Rcait s more than probable that they will lay
drowsy down in their hammocks until the next mail /
al the end OF September and brings some news
from General Jcrez They chdshy ignorant that
they viii scarcely weigh tho solid arguments of Mr. Casss
despatch indeed they could understand it is too
much Tor their comprehension. They will not appreciate
the tone ofrm decision which cbaraccrzs that document
and IN few days they viii think Of a. As
az they know Of the arrival of some men of war at
san Juan or Realco, then their fears will be again
cited, and they will feel again embarrassed Fortunately
the administration at Washington Mr. Cass has proved
~ his despatch, knows them very well. The American Il
government knows that Martinez n Co in need Of a
anAant ard A.Dlla