New-York tribune., 1885-03-02
FRELINGHUYSEN REPLIES.
DrFENplNG THE NICARAGUAN7 TREATY.


HIS RESPONSE TO CRIrICIsM-CoMMENTs ON THE
CONTROVERSY WITH GREAT BRITAIN.
WASHINGTON. March IA letter written by
secreary Frenehuysen In explanation and support OF
the Nicaragua treaty Is made public to-day Inc letter
is addressed to Senator Miller. of California Charlhdh
OF the senate Committee on Foreign Relations AFTER
responding to inquiries concerning the Costa lch
boundary and other matters of minor importance, the
Secretary enters upon the subject Of the CaytonBuwer
treaty. He SAYS no correspondence In regard tn other
than that already transmitted TO Congress mas taken
place. The last two notes." he says snow thaN the
correspondence closed with them and no reason Is seen
for reopening it," The CaytonBulwer treaty, Ike any
similar document, a contract not obligatory upon
one of the parties of default or violation OF ts
provisions by the other The Secretary then reviews the
circumstances under which the ClaytonBulwer treaty
was entered into and says:
The treaty was signed on April 10, 1880 more than
ration but the that Of the contracting parties
has not during this long period fulfilled the 3nlga.0%hs %
fmpOsed upon il as the consideration for snare III he
canal grant would alone he sufficient to authorize e
other terminate the eontraet r cocnize anS ne
part of Central America have strictly oDserved t1e , o
BTitai on the contrary has converted settlement of
licensed woodcutters under Spanish American JurIs-
@s5 6e1ion into &sr Msesys government has en-
trsy neglected to evince any intention OF fuhng Tue
rrespondence as to which you inquire begun. No
offer has made to and in the construction OF canal
British political control from the Belize nor OF
ss. which @ in s5o there had political
unnecessary in this connection 10 repea eonoa
as showing right OF this Government to consider the
Clayton -Buwer treaty yoldabe at us option: & bu,
Nicaragua 4 apparent wherein that instrument pe
fore the Senate conflicts with the provisions Gr ie n
tended carry out its object by guaranteeing proeco
TO the capital OF private T1es With Nicaragua
entirely different for private capital 10 DC
the Clayton Buwer treaty cannot apply to Il, unless
that treaty should be so modified by new ana speemc
ship in the enterprise upon eontTionGh c gda, Dg fal
ION has been proposed, and Great Britain ha, re-
fused already suggested changes In the instrument Inc
Vided in substance for canal across Nicaragua to be
built by private capital under the joint protection OF TINS
country and Great Britain Her Msesty's Government
has centended that by Article this principle Is made
continuous aud permanent II thls s,s were n ~
years. after full notice the United states violate the
treaty by doing alone What 1ha s a eas certain
that the Ncaraguan treaty OF December Issi, Goes
down in the treaty BY the treaty of
December no exclusive control OF the canal ana no eI
by this government We do not forfy occupy COLOMBO,
or to desire domain over any part OF central
for citizens (Which alone is prohibited by the treaty
of 1850 for primarily. concession az all Is made ana
secondly whatever rights and capital may be interested
are purely Governmental. The nrst seven articles
the rights Of individual grantees were alone had in view
by the parties that convention whereas the treaty
and operate canal under the political jurisdc-
Of Nicaragua which shall be open to all the world on
eoua terms such canal In effect that described In
Article Of the ClaytonBulwer treaty as one for the
benefit Of mankind upon equal terms to all noss q,
Lord Granville that Great Britain has asserted IN sup
rsaty 81 that M the treaties suSse9uenty conducted by either
the United States Great Britain with the states OF
establishing the of canal by all the world
without discrimination, in compliance with the Clay
aqua i. IN the same direction Il does not then so
MET with the Clayton Buwer treaty TO 1ndge from LORD
held 70 Conflict herewith Is IL the absence Of provision
for admitting other powers 70 paracpa'e IN an
But like omission is found In ths s,seS. sew,
or Great Britain with the American states since 1850
and If the omission be conraventon OF the clayton,
hight OF either TO take shelter behind the nchoae agree
mcnt hereafter agree found in Article OF the Clay
& IN his last note on The subject says that Great Britain
has large colonial possessions, no less than great
strncted and rapid access from the the North
and South Pacific Ocean matter for her also OF the
gives this nnobstructed and rapid access Which cannot
which ,s provided wltEoui Her Macstys Govern
ment and without infringing upon any OF its rights
Referring to the alliance between the United States
and Nicaragua for the protection OF the canal which Is
by the first article Of the treaty the secre
tary says
1t may be Of interest note in this connection that
our treaty of 1867 with Nicaragua. which is stlll In
force after granting to the United states, subject 10
Nicaragua sovereignty the rights OF transit across That
Republics territory To be used ON equal terms
by Republics, contains agreement by the United
States protection TO such route, ana TO guar
antee the neutrality and innocent use OF the same
Nrtice 81, and permission under certain conditions
fo land troops TO protect e lives and property OF
citizens OF this Republic The necessity for the canal
must apparent. The question presented therefore,
whether It IL to be built by this country or by some
by individuals. necessarily he under the practical
control OF the Governments whose citizens are most
largely interested and whose rights and property IL must
protect In of attack threatened injury.
Alien control would cOntrayene traditional and wise
policy and become In time standing menace 10 our
Tha this treaty anc the commercial conventions with
Epan and San Domingo, before the Senate not
Concluded until toward the close of this Administration
bas been the cause Of crticism and yet II must be
apparent that the policy which led TO them was in-
augurated soon after the assumption OF ONCE by the
present Executive The correspondence as 10 the Clay
with Nicaragua with which negotiations have been long
in progress while the Mexican treaty was the rst step
In the direction Of commercial reciprocity on THIS cont
nent Treaties so important as these cannot DC quickly
concluded much preliminary study Is necessary Deiore
direct negotiations begin and after agreement upon
general principles there necessarily delay and discus
sion upon details These treaties all In the line OF the
same policy which aims To peacefully knit together the
nations TINS continent by bringing them into intimate
reationA
/. RETURN OF CHIEF.JUSIICE WAITE.
fBY TELEGRAPH TO THE TRIBUsE