The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1858-12-22

such petty controversies. The govren-
ment 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 Nicaragua
transit, not common to the rest of the
world. Its neutrality and protection,
for the common use of all nations, is their
only object. They have no objection that
Nicaragua shall demand and receive fair
compensation from,the companies and in.
dividuals who may traverse tbe route;
but they insist that it shall never hereafter
be closed, by an arbitrary decree of the
government. If disputes arise between it
and those with whom they mayj have en-
tered into contracts, these must be adjust
ed by some fair tribunal provided for the
purpose, and the route must not be clos
ed pending the controversy. This is our
whole policy, and it cannot fail to be &C.
ceptable to other nations.
All these difficulties NIGH be avoided if
consistently with the good faith of Nicara-
qua, the use of this transit could be thrown
open to general competion; providing at
the same time for the payment of reas-
opable rate 10 the Nicarsguan government,
on passengers and freight.
In August, 1852. the Accessory Tran
| sit Company made its first inter-oceanic
trip over the Nicaraguan ronte, and con-
tinued in successful operation, with great
advantage to the public, until the 9Th of
February, 1856, when it was closed, and
the grant of this company, as well as its
charter, were summarily and arbitrarily
revoked by the government of President
Rivas. Previous to this date, however,
iu 1852, serious disputes concerning the
settlement Of their accounts had arisen
between the company and the government,
threatening the interruption of the route
at any moment. These the United States
in vain endeayored to compose.
1t would be useless to narrate the vari-
gus proceedings which took place between
the parties up to the time when the transit
was discontinued. Suffice it to say that
since February, 1856, it has remained
closed, greatly to the prejudice of the cit
izens of the United States. Since that time
the competition has ceased between the
rival routes of Panama and Nicaragua,
and, in consequence thereof, an unjust and
unreasonable amount has been exacted
from on: citizens for their passage to and
from California.
A treaty was signed on the l 9Th of No.
vember, 1857, by the Secretary of State
and Minister of Nicaragua, under the stip.
ulations of which the use and protection
OF the Transit route would have been Sc.
cured, not only to the United States but
equally to all other nations. How and on
wha, pretext this treaty has failed to re-
ceive the ratification of the Nicaraguar
government, will appear by the papers
herewith communicated from the State
Department. The principal objection
seems to have been to the provision au
thorizing the United States to employ force
to keep the route open. in case Nicaragua
i should fail to perform her duty in this
respect From the feebieness of that re
i public, its frequent changes of government
and its constant internal Gissensions, this
n had become most important stipulation
r and one essentially necessary not only fo
the security of the route, but for the safe
0 ty of American citizens passing and repas
f sing to and from our pacific possessions
: Were such a stipulation embraced in {;
4 treaty between the United States and Nj
caragua the knowledge of this fact would
ofitself most probably prevent hostile par
r ties from committing aggressions on the
. peop.' route, and render our actual inter
ence for its protection unnecessary.
The executive government of this coun
try, in its intercourse with foreign nations
is limited to the employment of diploma
: ICY alone. When this fails, it can proceed
no further 1t cannot legitimately resort
9 to force, without the direct authority o
4 Congress, except in resisting and repellins
i hostile attacks 1t would have no au
q thority to enter the territories of Nicara
| qua, even to prevent the destruction o.
: the transit, and protect the lives and prop
: erty Of our own citizens on their passage
e 1t is true that on sudden emergency o
. this character, the President would direc
: any armed force in the vicinity to marcl
: to their relief, but in doing this he woult
e act upon his own responsibility.
It Under these circumstances I earnestI,
g recommend to Congress the passage of al
/. act authorizing the President, under sucl
q restrictions as they may deem proper, t.
: employ the land and naval forces of tn
n United States in preventing the transi
i from being obstructed or closed 10y lawles
d violence, and in protecting the lives ant
it property of American citizens travellin.
IS thereupon. requiring at the same time tha
d these forces shall be withdrawn the mo
/ ment the danger shall have passek away
: Without such provision, our citizen
J. will be constantly exposed to interrup
y ton in their progress, and to lawless vic
l. lence.
It A similar necessity exists for the pas
= sage of such ar act, for the protection
e Of the Panama and Tehuantepec routes
IS In reference to the Panama route, th
J. United States by their existing treat