The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-08-30


We publish IL another column TIE decree of
the CoUstitusnt Asse rb,y OF Nicaragua, mcdi-
tying the Cas--YriesrTi treaty. sDd adding an
additional article thereto, az the conditions Of
Its ratification, in pursuance OF the recopmen-
dati"ns Of President MARTINEZ, after the origi-
nal treaty had been once ratified by that as
seub'g. In order TO give q clear view Of
tbeee notifications We iosest in parallel columns
tire original AID modified srticlee presenting
'he a!'"'ss:ccs mode by Nicaragua ir italtcs:-
MODIFIED.
AT 10 nc Urnst ssa'es Ar 2 TIC dttecuth srs.
heyehy spree 'csxnt theu Gle cf the treaty shsd read
tsoss Ision oil such routes 10 thsse lerrs-
q KstEc ss sore TIE United States sgree
saf sro t. ersssree she 10 exterd ner pruteoton 10
Isu,,ssy Ct tie Tasy eli sSch Of oonmun
sse sgyee 70 tnppy 'hes csrox as afosocaid acd TO
~rb csoer raiops guarantee the peuersisy Of
st&tu 10 t<0 Tee 0auH- They also agree
'uch re,trzt2 srd pfoteo 10 enpioy tosir ndaence
,,oa- with ohsr nations 70 sduos
Ard tbs republic Of Mica the guarantee
aqua ~ part uctertakes rsiitv ARD pfctecttan.
establish tWs free ports, And The rvpabiio Il Mica
,es Of de cormur,cs,scs essao.uc one free port Il
sortsad, on The Atlantic each sssre"fy Of one s~gae
nd Pacific A: these route Of COMMUNICATION DC
orss no ago otter tween toe Atlantic ana Psci
cusies etall DO imposed or &c ocesrs ST tnsso ccrs
evied by The government OF &C th toxro9e On hdrter
Nicayagus the veeselp OF dues sbs bs impcsed or
he ULitet statss any levec By the gcvercmsrt
effects CT merchandise be- Of Meas aqua than those
.cielpg 70 ctz.ns or sub ,rhtoh may o. agreed upm
ecis O. the Unncd States ter the ttco gouss nuer
pen tho vessels or eff cts Tue Uu,ted SAss, ef<r pro
u other country iDeUd ,tou. notice II the Qoveu
cd bfnA fde for Uarsit Of Nicaragua. sntl DO 81
The SAID routes Of liberty 10 carry troops atd
Communication and not for munitions OF var, 10 tnsr
curturptsos within the vetses or other wise,
public OF Nicaragua TIE FIN their transportation By
United Satea shall also be the ro.e m imtoceansc
al liberty to cary foops munseetson o.wdys provded
and munitions o! war, N that they be dstned for
their vessels OF other place p,hn the trroyy Of
WISE 10 either CT be said the Unsted States but not If
free ports, and shall be thfy dsstined to Nations
titled 10 their Conveyance ft,ndty to the republic y
between them without OBJ Nicaragua, or IN the Spdnih
s1uction BY the authorizes Amcd~ republics; Asd the
Gu. any, esSs.s or tolls Shall shall not Dot demand aSy
whstsver for their trans charges tolls Of any kind
pcrsaon either Of said for the srAnspor
routes Of communication ta,ion Of said troops and mu-
was not altered IThe rest Of this article Is
In tho original
The first modification made here of zone free
port at each extremity of one single route,' in
stead of 'two free ports, one at each Of the
extremities of the communications" is merely
bubble such rs schoolboys delight in, and has
| no significance whatever. The second modifca-
ten of this article, however, is a virtual abro.
cation Of the entire treaty, and a denial of the
great point insisted upon by the United States
The stipulation of our government is, that Mica
ragua shall not impose either directly or indi-
rectly, in virtue of its right of domain,
any tax upon the merchandise Of any nation in
its transit through its territory. This point is
the key to the whole policy of the United
States toward the republics of the American
isthmus, and is where the two governments
come in conflict AL the isthmus governments
cling to the idea that the right of territorial
sovereignty involves the right TO impose kind
of seniorage upon the transit Of merchandise
through their domain. This claim is in direct
opposition to the admitted principles of the law
of nations on this point, which is thus laid down
by Vattel, in stating how nation ought to use
its right Of domain
Property cannot deprive nations Of the general right Of
travelling the earth In order TO have conmunica
ton with each other for carrying trade and other just
reasons The master Of country may only refus, the
dicia or dangerous. He ought thon 10 grant lawful
Whenever he do IL without Inconvenience 70
himself And he cannot lawfully aihx burdenscme cond
tons 70 concession which he is sbxed TO perform and
which be cannot refuse who would discharge bis duty
nos abuse his right Of property.
In seeking to amend the Cass- Yrisarri treaty
20 that It should confer upon Nicaragua the
right to impose such taxes as the United States
may agree to, it seeks to overthrow the great
principle Of free transit for which we are con-
tending with New Granada and Nicaragua, and
may yet have to contend for with Mexico and
Honduras. The third modification of this
article, relating to the stipulated right oftransit
for troops and munitions of war, is technical
assertion of the right of eminent domain, car
ried to its superlative expression After insist
ing upon the giving Of previous notice by our
government, II not only requires that they shall
not be intended for service against nations
friendly to Nicaragua, but that they shall not
be used against the Spanish American republics
in any case, whether friendly to Nicaragua or
not This curious stipulation springs from the
chimera Of an alliance Of all the Spanish Ameri-
can republics against the encroschments of the
"all-devouring republic of the NORTH
The notifications of the sixteenth article of
the treaty are as follows
ORIGINAL xo,tvrw.
Art TO- The republic OF Art 2. me six,eentn srtI-
Nicaragua agrees that, Gle shall read q sollovs:-
should become necesssy IRE republic OF Nicaragua
d any time 10 employ mill aerscs, thu, should Il be-
tary force foe Ii. security necessary al any time
and profession OF persors 70 employ military force fJr
and property passing over The security aud protection
any O. the routes Aforesaid, o. persons and property
viii employ the reluists passing over any Of the
tWtt sAAA purISsei fvuteT 6cTc8Ao, u VIII EN-.
upon failure TO do this, for rcy the rcqcse force for
any Whatever the hai purpose; but on failure
eoverpmept q tia United 10 do this for any csuac
Sasss may, Alter notice 10 whatever, the governuen,
the government u Nicara- Of the united satos may
ga, or 70 the kusstcr there erpoy ia forces for ~ said
OF In The United etstes, EN- puross, uAenr GA, az
pcy such FORCE for th ard Nicaragua on IL xnis,>r in
for no osner prrpoee and k Tinted Sas shall recag
when be peceesify ceases, si0 TIE r~>usv for ne en-
such force shall be imme pIr,et g thu foreign forcs,
datsly Withdrawn and al ne yoquex. Of ne /
government Of hfcas aqua, u /
bss~g pe1 undsvstood that /
nS force shall come With /