Abbildungen der Seite
[ocr errors][merged small][merged small]


[ocr errors][merged small]

who thought me so silly for admitting that these confirmation of her title to the settlements at Balize, Great Britain had encouraged without manifest settlements were not within the treaty, but even derived from the Spanish treaty of 1786. It was dishonor to the local Government. If Great Brito this Committee on Foreign Relations, and in important for Great Britain to ascertain how far tain had sought to seize upon the territory, she vite them to defend this part of their report if they Guatemala might have any claim to the Balize ter could much more easily have forced the concession

ritory. Both Guatemala and Mexico had revolted of it from the little State of Guatemala than from I shall prove them to have been guilty of a gross from Spain, and Great Britain had equally recog. Mexico, a greatly superior Power. error, first, by the authorities which they them nized and favored them both. It was immaterial The next authority relied upon by the commitselves have relied upon, and then by every au to her whether the Balize was situated in Mexico tee is hearsay evidence, and we are not allowed to thority, whether political, geographical, or histor or Guatemala, as either of them would unhesitat know the name of the witness. . The report says: ical, which is worthy of respect.

ingly have recognized the grant made by Spain of « And the committee are informed that on the official map And first, as to the authorities relied upon by the useful domain” in British Honduras, granted of Yucatan, subscribed by Señor Negra, as commissioner the committee. The report states that the Rio by the treaty with Spain of 1786. She sought to

of that province, published in 1848, the southern boundary

of that State is established on the parallel of eighteen deHordo, the northern limit of the Balize settlement, I know only which had the right to grant it, and

grees north latitude." is claimed by Guatemala to be whoily within its she ascertained beyond all possible doubt from the territory. Even if this were true, it would prove archives, not only of Mexico, but of Guatemala If this be true, it only proves that the British nothing; for no impartial judge ever admits a party herself, that the British settlements at the Balize settlements at the Balize had encroached further on his own mere assertion to be the owner of any were in Yucatan. Arrowsmith's map, reduced

upon Yucatan and Mexico than we had supposed. property out of his possession, and in the posses from the survey, in the archives of Guatemala, to

If, however, this fact is adduced to prove that sion of another who claims it, as is the case here. which I have referred, shows that Vera Paz is Guatemala extends to the eighteenth degree of But it is not true that Guatemala claims or ever about one hundred and thirty miles south of the

north latitude, it proves too much, and it cannot has claimed the territory marked out for the Balize Rio Hondo and the Balize river, and that “Peten, possibly be true, for then Guatemala would include by the treaty of 1786. To sustain their assertion, and not Vera Paz, is the northern province of the celebrated Bacalar, and the fort there established the commitiee first quote Captain Bonnycastle's Guatemala. Vera Paz is far south of the “ Wal as the northern limit of the British settlers. It is not description of the boundaries of Vera Paz, which lys," or Balize, so called from the old English

pretended that on this map, which the committee literally proves nothing at all; then they refer to buccaneer Wallace, who first harbored in British never saw, Yucatan is bounded by Guatemala; and the map which accompanies the work, and say Honduras. On that map, furnished from the sur

if the man who gave this information will produce that “on that, which (they admit) is upon too vey of Guatemala herself, the Balize settlement the map, I will stake the whole issue between the 'small a scale distinctly to mark the boundaries, extends at least fifty miles south of the river committee and myself on the fact that the south'the river • Wallys'or Balize would appear marked “ Wallys,' and no part of Guatemala is nearer

ern boundary of Yucatan will appear by it to be ' in the province of Vera Paz." For the bounda than eighty miles south of the mouth of the Rio

on British Honduras, or Balize. ries extracted from Captain Bonnycastle's“ Span- Hondo. Like every other map made by Guate

The next and last authorities relied upon by this ish America,” we are referred by the committee mala or under her surveys, it has but little pre

committee to prove that British Honduras lies in to vol. 1, page 165. Any man who will look at tension to scientific arrangement; but it is repre

the State of Guatemala are still more remarkable. them will see that they are perfectly consistent sented as conveying a just idea of the then exist- This part of the report is so extraordinary in its with what that author had said before, which ing state of geography in Guatemala, and of her character that I dare not attempt to state the mere completely oversets the committee, and which I own claims as exhibited by her own original sur

substance of it lest I should do the committee innow proceed to quote. First:

vey. I will send the map to the chairman of the justice. I will “speak by the book lest equivoca“Yucatan is the most easterly province of the kingdom committee, if he requests it; and as it is said to

tion should undo me. " It is, literally, as follows: of New Spain, and is in the form of a peninsula jutting out have been one of the very maps made by order of " In 1834 the State of Guatemala, made a large grant of into the Gulf of Mexico from the main land of the isthmus ; the British Government to ascertain from what

land to a company, on condition of actual settlement, in the it is surrounded on the north west by the waters of the Mex

neighborhood of the Bay or Honduras,' when the British ican Gulf; by the Bay or Gulf or Honduras on the south country they should obtain a confirmation of the

authorities at Balize interposed and forbid the settlement, east; the province of Vera Cruz bounds it on the south Spanish title of occupancy granted to the British claiming that the grant was within their boundaries. This west, and Vera Paz, in Guatemala, on the south. HERE settlers by the treaty of 1786, it is the very best collision led the Government of Central America to make it is connected with the continent of North America by an isthmus of about one hundred and twenty miles in breadth. evidence that Guatemala had no claims whatever it the occasion of a special commission to England to seitle

and adjust the respective rights of the Republic of Guatemala THE ENGLISH HAVE SETTLEMENTS EXTENDING A SHORT

to the Balize; for Great Britain could, I repeat, as and of Great Britain, in reference to the British settlements DISTANCE ALONG THE EAST COAST OF YUCATAN, OPPO easily have obtained the grant of the useful do in this quarter. This fact was communicated to the Gov. SITE AMBURGUS Key.'.-P. 122. main in the Balize from Guatemala as from Mex ernment of the United States by M. Alvarez, Secretary for

Foreign Affairs of the Central American Confederation, in Then again: ico. Having thus ascertained that Guatemala had

a dispatch to the Secretary of State, dated December 30, The eastern coast of Yucatan is not inhabited by Spanno claims, she proceeded to negotiate with Mex

1834, and the good offices of this Government with the ish colonists, the English alone appearing there, except

ico; and on the 26th of December afterwards, she British Court were solicited in the proposed negotiation. in the small fort of Bacalar, which has been built to prevent made a treaty with Mexico, of which the follow In that dispatch the Secretary of State, reminded of the the British from going into the interior."-P. 123. ing is the 14th article:

avowed poliey of this Government concerning European

colonization on the American continents, is referred to the So we see that the first authority cited by the

" ARTICLE xiv. The subjects of his Britannic Majesty aggressions and encroachments at Balize upon the territory committee entirely fails them, and proves that the shall, on no account or pretext whatsoever, be disturbed or

of Central America. The mission, it appears, was fruitBritish settlements are in Yucatan.

less. molested in the peaceable possession and exercise of whatThe next authority relied on by the committee ever rights, privileges, and immunities they have at any

“ The British Government, claiming that Don Juan Ga. is “an atlas of Guatemala, in eight maps, prepared time enjoyed within the limits described and laid down in

lindo, the Minister, was a British subject by birth, refused a convention, signed between his said Majesty and the

to accredit him as the Minister of Central America. In and engraved in Guatemala, by order of the Chief King of Spain, on the 14th of July, 1786, whether such

one of the letters of this Minister, Don Galindo, whilst in of the State, C. D. Mariano Galves,” in 1832, on rights, privileges, and immunities shall be derived from the Washington, to the Secretary of State, dated June 3, 1835, which the committee say“ the northern and weststipulations of the said convention, or from any other con

he communicates a paper, prepared and published in Guaern boundary of Guatemala, although called cession which may at any time have been made by the

temala, by Señor Annitia, a member of the Federal Con• Lindero Indefinido,'(line undefined,) is thrown settlers residing and following their lawful occupations King of Spain, or his predecessors, to British subjects and

gress of Central America for the State of Guatemala, in

which, reciting that the English settlements betu'een the north of the Rio Hondo; which river, both on within the limits aforesaid; the two contracting parties re

Rio Hondo and the Balize are in our territory,' an able and

forcible exposition is made of the injury resulting to Cen'the map of the Republic of Guatemala and on serving, however, for some more fitting opportunity, the

tral America by the smuggling openly carried on at the Bathat of the department of Vera Paz, contained in further arrangements of this article.”

Tize, in defiance of the revenue laws of the Confederation; • the atlas, is altogether within the limits of Vera No such treaty was made with Guatemala that and a strong remonstrance against the pretensions of the • Paz.” Now, the first observation which I have we ever heard of. We see by this treaty that

authorities ihere claiming a right to occupy as they held

in 18:21, (the date of the revolution,) and regardless of the to make in regard to this authority is, that a map Great Britain admitted that the eminent domain

treaty limits with Spain. In the letter of the Minister for engraved by order of the President of the United which Spain had lost by the revolution had de Foreign Affairs, before referred to, this encroachment is States, including the Canadas within our own scended upon Mexico. She did not seek to rob stated at more than forty-five leagues.” limits, would not be regarded by any sensible man Mexico of the sovereignty over the country; she The only thing in all this statement of the comin a foreign nation as much proof to show that we gained nothing by the treaty which Spain had not mittee which can be relied upon as the claim of were entitled to the Canadas; and the next remark before granted to her; and as she sought only the Guatemala herself, in regard to the extent of her I have to make is, that no northern and western grant of the useful domain, or merely the rights own territories, is the letter of Alvarez, the Secboundary of Guatemala is laid down on these maps. of an old settler, there was not a civilized nation retary of Foreign Affairs of the Government of The undefined line proves nothing, and the pre on earth that would have refused to concede as Central America. The letters of John Galindo, tension that the Rio Hondo was in the depart- much as Mexico did. If she had thought Guate an Irishman, who came here merely as a bearer of ment of Vera Paz is too absurb in the eyes of any mala had any right to the territory she would dispatches, and so states in his letter of the 22d of man acquainted even with the pretensions of Gua have applied to her to make the same grant, and May, 1835, and whom the British Government temala to be credited for a moment.

that State could as well have refused to confirm refused to receive as a commissioner to remonitself shows that Balize is not in Guatemala. In the grant of lands held under her limits for any strate against the alleged British encroachments the State Department was a map to which this other private or special purposes as she could on Guatemala, and the paper of Señor Annitia, committee ought to have had access, but of which have refused to make the same concession which which is a magniloquent address or speech by a they knew nothing, which proves that the British Mexico made. The rights of Great Britain, under member of Congress of Central America to ihe had obtained the survey of Guatemala, found in the treaty of 1786, to occupy the land and to cut people there, (never intended for us,) from which her own archives in 1826, that is, six years before dye-wood and mahogany, to erect mills to saw it, he doubtless expected to derive much petty local the maps relied on were made. It is entitled

to fish upon the coast, to refit their ships at the ad popularity, do not bind the Government of Gua" Map of Guatemala, reduced from the survey in joining islands and territories embraced in the tri iemala, are not uttered by her authority, and are the archives of that country.” It was published angle described in that treaty, and to occupy those worth about as much as the letters of one of our January 13, 1826, by Arrowsmith, ihe royal islands when the vomito would not permit them to own bearer of dispatches abroad setting forth the hydrographer. Great Britain was about to make a remain on the main land, were rights which could claims of our Government, or the speeches of one treaty with Mexico, and to obtain from Mexico a not be divested by that very revolution which of our modern advocates of the Monroe doctrine,


The map

32p CONG.....30 Sess.

Special Session-Clayton-Bulwer Treaty.


when threatening here among us quiet old gentle lished limits by more than forty-five leagues, found their Spaniard, published his work at Madrid in 1786,

pretensions upon the circunstance of their having occumen to sweep the British from all the country

the date of the convention which fixed the limits pied the lands in controversy prior to the independence of north of 490, or to annex all Central America to Central America, But such a violation of existing treaties,

of the Balize settlement. In volume 2, page 207, the United States. We know, from the letter of persisted in despite the earnest and repeated remonstrances Alcedo says: “The kingdom of Guatemala' is Mr. Dickens, Acting Secretary of State, of the of the Spanish authorities, cannot give those of Balize a bounded on the northeast by the province of Yuca10th of June, 1835, to this John Galindo, that the lawful right to consider that as their own which they have

tan. in fact usurped. subject of the letter of Alvarez must have been An affair of such magnitude has constrained the Govern

The next authority to which I refer is Hummade a Cabinet question; for the Secretary pledged ment of Central America to accredit Colonel John Galindo boldt's “ Political Essay on the Kingdom of New himself in that letter that it should be brought to to the Brilish Cabinet; and the Vice President of this Re

Spain, containing researches relative to the Geograthe consideration of the President. Picture to public does not doubt that, through your honorable conduct,

phy of Mexico, translated from the original the President of tbe Ujuted States may make the most yourself, then, General Jackson and his Cabinet pointed intimations to the court of his Majesty upon the

French by John Black, published in New York in in session; the

Senator from Michigan, then being subject, and that he will take a lively interest to the end that 1811. This work of Humboldt "underwent the Secretary of War, occupies the third seat at the the rights of a nation, who is a sister and a friend of that of examination of the Spanish Government before it

the North, may not be violated. cabinet table; John Forsyth produces the letter of

The mediation of the President will doubtless give greater

was published in Paris in 1810." In vol. 1, p. 203, Alvarez and reads it. I do not believe he soiled weight to the representations which our Commissioner may

the intendency of Merida, or Yucatan, is included his fingers with the speech of Señor Annitia to make to the British Government; and this Republic would among the twelve intendencies of Mexico; and in his constituents in Central America, or with the

deem such a measure a most decided proof of friendship vol. 2, p. 159, the author says: “ The intendency of

and of a concern for her rights. Suffer me, upon this occaletters of John Galindo, whom the committee sion, lo remind you that it has always been an object of the

• Merida comprehends the great peninsula of Yuhave dignified with the name of the “ Minister" policy of the United States that there should be no European

catan, situated between the bays of Campeachy Don Galindo. When Mr. Forsyth read the pas settlements upon the American continent, and that the ag and Honduras." Observe, it comprehends the sage of the letter of Alvarez, declaring that “it

gressions and encroachments at Balize upon the territory of whole of the “peninsula," not merely a part of

Central America are a dangerous and an alarming violation had always been the policy of the United States of this principle. It belongs to your great and happy Re

it. Again: Humboldt says on the same page: to prevent and resist European settlements in public to place herself in the vanguard of a policy so inter “ The province of Merida is bounded on the south by the America, and that the aggressions and encroach esting to ihe new American States, and to uphold with her kingdom of Guatemala, on the east by the intendency of ments at Balize were a Jangerous and alarming name our rights in the presence of England.

Vera Cruz, on the west by the English establishments which violation of this principle,” what do you suppose

Meanwhile I have the honor to tender to your Excellency extend from the mouth of the Rio Hondo to the north of the

the most distinguished sentiments of the consideration with Bay of Hanover, opposite the island of Ubero, (Ambergris was the appearance and language of General Jack which I am your Excellency's very devoted and obedient Key.) In this quarter, Salamanca, or the small fort of San son, who came into power upon the adverse prin


M. ALVAREZ. Felipe de Bacalar, is the most southern point inhabited by

The SECRETARY OF STATE, ciple, supported by a party which violently de

the Spaniards."

of the Department of Foreign Affairs of the nounced the Monroe doctrines, Clay's instructions

Again, the author says, on page 160:

Government of the Republic of North America. to Poinsett, and the authors of the Panama mis.

“ Since the settlement of the English between Omo

I will only add that even the letter of John Ga [Omoa) and the Rio Hondo, the Government, to diminish sion especially, and all their works? The Sena

lindo admits that the British are entitled to occupy the contraband trade, concentrated the Spanish and Indian tor from Michigan no doubt sustained the Mon

the town of Balize, though I do not consider his population in the part of the peninsula west from the mounroe doctrine and the principles of the Panama

tains of Yucatan. Colonists are not permitted to settle on mission. But how came it about that the "misletter as compromitting any interest, for he disre.

the western [error, for eastern coast, on the branches of garded all historical truth, and did not represent the Rio Bacalar and Rio Hondo. All this vast country resion” of John Galindo, the speech of Señor

Central America or anything else. A letter of mains uninhabited, with the exception of the military post Annitia, and the letter of Secretary Alvarez, were all treated with perfect contempt, or at least passed

Mr. Murphy to the Secretary of State proves that (presidio) of Salamanca."

he was an impostor, and was never accredited to And on the map of Humboldt the British setover in perfect silence? We know that General Jackson refused to take any notice of the subject,

England as a commissioner from Central America, | tlements are included in the peninsula of Yucabut only from the little State of Guatemala.

catan. as he did of the application of the Government of

I have now examined every authority cited by

The next work to which I refer is that of the San Salvador asking admission into our Union. But this letter of Alvarez, when carefully exthe committee, and by each of them I have proved

celebrated French geographer, (the greatest of the amined, conclusively shows that the Central Amer

that the report of the committee is erroneous. All age,) Malte-Brun, printed at Paris 1847, p. 725,

these authorities prove the Balize to be in Yuca- | from which I make the following extract: ican Government at the time did not pretend that the boundaries of the British settlement, under

tan, and nearly all contain the admissions of Gua « COLONIE ANGLAISE.-Sur le territoire de l'ancien état

temala herself, that the conclusion of the commit Mexicain d'Yucatan, les Anglais possèdent a l'embouchure the treaty of 1786, were within their limits. All tee is utterly destitute of foundation.

de la Balize, rivière qui se jette dans la baie de Honduras, they claimed was that “ the boundaries should be

une colonie composée de 4,000 habitans. Elle porte le nom

Notwithstanding the committee state in one part de colonie de Honduras. Son chef lieu est Balize, petite according to the letter of the convention of 1786.”

of their report that “from the information before ville avec un port situé à l'endroit où la rivière de ce nom They did not complain of the British settlement

them, they entertain a decided opinion that the se jette dans le mer." within those limits, but they did complain “ of an

British settlements at Balize, as defined by the Having thus described the British settlement as encroachment beyond those limits by more than

treaties with Spain, lie within the territory of the a British colony in the ancient State of Yucatan, forty-five leagues.” They expressly admitted the

Republic of Guatemala, and so equally constitute in Mexico, at the Balize, a river which empties limits of Balize, which, they said, were" definitely

a part of Central America,” yet they evidently into the Bay of Honduras, which British colony fixed by the treaty of 1786;" and they admitted

doubt whether "the information before them” was is called the colony of Honduras, M. Malte-Brun the Mexican title or “ high domain” over the ter

sufficient to establish that fact; for in the very next says, p. 740, that the ancient captaincy general of ritory of Balize, by saying that “the original

paragraph they add, that “in the event of its be Guatemala, or confederation of Central America, ' treaty limits had been ratified in 1826, by the

ing ascertained hereafter that these British settle- is bounded on the Gulf of Honduras and the Bay of • treaty between Great Britain and the Republic of

ments on Honduras Bay lie in whole or in part Mosquitos. In the 3d volume of the American edi. • Mexico." They sent John Galindo to England

north and west of the proper boundaries of Guate- tion of 1827, p: 301, Malte-Brun speaks of " the to complain, not of the settlement within the limits

mala, though they would not, in such case, form peninsula of Yucatan, or the intendency of Merof the treaty, but of the encroachments beyond them;

any part of Central America, and thus are not ida," and says: and the passage cited by the committee from the within the strict engagements of the treaty, yet

“We have distinguished on our maps, under the name letter of Alvarez to prove that the settlement of

that any colonies or other permanent establish

of English YUCATAN, that part of the peninsula which lies Balize, within the treaty limits, was upon the ter

to the south of the river Honda, [Hondo,) and of the Span'ments there by Great Britain or any other Euroritory of Central America, proves directly the re

ish military post of Salamanca." verse, as it shows that only the aggressions and pean Power, must necessarily excite the most anx

Domingo Juanos, a Spaniard, in his “ History ious concern of this Government, and would, if encroachments at Balize were upon that lerritory. As

persisted in, lead to consequences of most unpleas

of Guatemala," says that the jurisdiction of the I consider this dispatch of M. Alvarez as conclu

Royal Audiencia and Chancery of Guatemala ant character.” sively admitting that British Honduras, within

As the committee thus avow themselves doubtful

'extended along the Atlantic from the coast of Bathe treaty limits, was not in Central America on of the decided opinion” they expressed, I will

lize, in the Bay of Honduras, to the Escudo de the 30th of December, 1834, 1 ask the reading of proceed to strengthen their doubts, and to refute

Veraguay.' that letter.

In the third volume of the London Encycloiheir opinion, by giving them the information It was then read by the Clerk, as follows: which was not before them. Their report says that

pedia, page 419, we find that

“ Balize is a river in the peninsula of Yucatan, South DEPARTMENT OF FOREIGN AFFAIRS, “ by some of the European geographers, (not America, which falls into the Bay of Honduras, in latitude ST. SALVADOR, December 30, 1834. )

Spanish,] these British settlements are spoken of 14° 59 N. On its banks, and to the extent of two hundred SIR: A short time since the authorities of the State of as in Yucatan." The first authority to which I

miles up the stream, the English cut mahogany, and by the Guatemala granted, for purposes of settlement, sundry lands situated in the neighborhood of the Bay of Honduras to a shall refer them, as they have denied that Spanish

treaty of 1783 a right was guarantied to British subjects of

cutting and carrying away logwood in the district between company, whose object was to form a national establish geographers have so spoken, is the Dictionario tbis river and the Rio Hondo. Beyond the scene of their ment upon them. As soon, however, as the authorities of Geographicoof Don Antonio de Alcedo, published operation the Balize is very imperfectly known.”


at Madrid, in 1786. I quote from the English edi Again: Jands in question were within their jurisdiction, were their property; and they positively refused to give the contract tion, translated by Thompson, in five volumes “Balize, a sea-port town of Yucatan, South America, is ors possession of a right which now justly belongs to them. quarto, London, 1812:

an establishment chiefly coinposed of English settlers at This extravagant pretension is plainly contrary to the “BALIS, Rio ve, a river in the province and Government

the mouth of the above river."-Ibid. convention of 1786, based upon that of 1783, between their Britannic and Catholic Majesties, which definitirely fixed of Yucatan, which runs into the sea upon the same coast

I could fill a volume with British authorities, near the strand of Bacalar, and into the bay which is formed the confines of Balize, within which the inhabitants were to

describing, at various periods during the last hunby that strand and Long Island."-Vol. I, p. 129. keep themselves ; which convention, baving been ratified

dred years, their settlements in Honduras as being by the respective courts in 1814, and subsequently in 1826, After mentioning the thirteen provinces of Gua- | in Mexico or Yucatan. The committee avoided by the treaty between Great Britain and ihe Republic of temala, Alcedo expressly mentions Yucatan among all these; and their report declares that " respect Mcrico, it seems clear, without entering into questions of

the provinces of “Nueva-Espana,” [Mexico.]– another description, that the boundaries should be accord

' for the State of Guatemala requires of this Goring to the letter of that convention.

Vol. 2, p. 64, and vol. 3, p. 106. The authority is 'ernment to recognize the boundaries she has The inhabitants of Balize, who have exceeded the eslab the more conclusive, as the writer, who was a prescribed for herself, at least until they are


[ocr errors]


[ocr errors]

320 CONG.....30 Sess.

Special Session-Clayton-Bulwer Treaty.


* successfully controverted by those territorially of a ship canal across the isthmus which connects North of instructions given in 1826 by Mr. Clay, then • interested." Why did not respect for Great and South America, and of securing forever, by such stip

• Secretary of State, to our plenipotentiaries apulations, the free and equal right of navigating such canal Britain equally require of this Government equally

to all such nations, on the payment of such reasonable tolls pointed to attend the Congress of Panama, refto recognize the boundaries she has prescribed for as may be established to compensate the capitalists who erence is had to a correspondence on this subject herself; or at least equally refer to her claims ? may engage in such undertaking and complete the work." • between him and the Minister of Central AmerWith her we have an existing treaty of peace, This resolution was at the time debated by Dan ica; and it was stated that if the work (a canal] amity, and commerce, and yet no English author iel Webster, John Forsyth, and myself. It had should ever be executed so as to admit of the ities are referred to for the purpose of showing long been a cherished object with me to procure passage of sea vessels, the benefits of it ought her pretensions, although so much more easy of some communication across the isthmus which

not to be exclusively appropriated to any one nation, access. I shall not dwell upon them; but, having would bring this country nearer to the territories but should be extended to all parts of the globe, upon cited the French and Spanish authorities, I shall on the Pacific, and draw the treasures of that the payment of a just compensation or reasonconclude my review of the report by referring to mighty ocean, with its ten thousand fertile and able tolls." some of the leading American authorities on the productive islands, into the ports of the United By recurring to the instructions given to our subject.

States. I thought then, and still think, that the Minister to Panama by Mr. Clay in 1826, it will Darby informs us that “Balize is a river of opening of such a passage was of paramount im be seen that President Adams fully approved the North America, in Yucatan, and on its banks portance not only to my own country but to all principle subsequently adopted by the American • the English have their principal settlements for others; and that even if, in completing such a Government, so far at least as to negative the idea cutting mahogany," &c.

work, fifty or a hundred millions of dollars (ay, that it was either the interest or the duty of the The

Encyclopedia Americana” defines Ba one half the money vainly expended in attempting American people to obtain a monopoly of the right lize as a " sea-port of Mexico, in Yucatan, at the to discover a northwest passage) should be ex of way. Mr. Wheaton correctly observes that mouth of the river Balize," and says “it is the pended, it would be a cheaper outlay, and render after the failure of Mr. Biddle's grant, and a subonly settlement belonging to the British on the more benefits and blessings to the world, than an

sequent similar grant of exclusive privileges to coast." The character of Francis Leiber, the equal expenditure in any other enterprise that had Baron Thierry, the subject was again taken up in editor, as a man of science, can be stated by the ever been or could be undertaken by man. I in 1839 in the House of Representatives of the UniSenators from South Carolina.

troduced the resolution just eighteen years ago ted States, on the memorial of the merchants of In the "

Encyclopedia of Geography,” by last Friday, and on the next day Congress ad New York and Philadelphia, on which a very Hugh Murray, revised by Bradford, published in journed, and John Forsyth entered upon the du- i elaborate report was made by Mr. Mercer, from 1837, page 328, the author, after speaking of Me. ties of Secretary of State, under the administration the Committee on Roads and Canals, accompanied rida and Campeachy, on the western side of the of President Jackson. The suggestion contained with documents and maps illustrative of this impeninsula of Yucatan, says: “On the other side of in the resolution met with a warm and hearty ap

portant subject. The report concluded with prothe peninsula of Yucatan the British possess the proval from the President; and on the first day of posing a resolution that the President should be settlement of Honduras, extending along the May, 1835, Charles Biddle was charged with the requested "to consider the expediency of opening "shore from the Rio Hondo to the Liburn." duty of making inquiries, with a view to enable

or continuing negotiations with the Governments I have no time to cite other geographical works the Executive to comply with it. Mr. Forsyth's of other nations, and particularly with those the to which I could readily refer, but I may be per instructions to. Mr. Biddle direct him to proceed territorial jurisdiction of which comprehends the mitted to quote the instructions given by my im by the most direct route to Lake Nicaragua, to • Isthmus of Panama, and to which the United mediate predecessor, Mr. Buchanan, who, as I explore the contemplated communication by canal States have accredited ministers or agents, for think, was qualified to judge of this question, and or railroad in that quarter, for which purpose the purpose of ascertaining the practicability of who, in his letter to Mr. Hise, of the 3d of June, every facility was granted to Mr. Biddle. He

effecting a communication between the Atlantic 1848, describes the country ceded by the treaties was afterwards directed to proceed to examine the “and Pacific oceans, by the construction of a ship of 1783 and 1786, when referring to the British en Panama route, and such other points on the At * canal across the isthmus, and of securing forever, croachments, as the " present British province of lantic side of the isthmus as would probably be by suitable trenty stipulations, the free and equal the Balize,”'and as the " established British colony fixed on for the termination of a road. I was right of navigating such canal to all nations." of the Balize," to which he, under the direction anxious at the time that William Radcliff, the i This resolution was unanimously agreed to by of Mr. Polk, appointed a consul, thus directly re former consul at Chagres, who had devoted much the House. It will be seen that it is almost a lit. cognizing the colony as a British colony long be of his life to the examination of the subject, should | eral copy of the Senate's resolution of the 3d of fore the treaty of the 4th of July, 1850, and still receive the appointment. But, unfortunately, he | March, 1835. longer before the 11th of February, 1853, when was no politician. Mr. Biddle disobeyed his in

It thus appears that the House of Representathis committee declared that the whole territory | structions--never visited Nicaragua; and after hav tives adopted the identical principle established by was in Central America. If it were so, why did | ing procured from the Government of New Gra the President and Senate four years previously. Mr. Polk and Mr. Buchanan seek and obtain the nada an exclusive grant of the right of way across Mr. Adams and Mr. Clay had merely proposed exequatur for Mr. Hempstead, our Consul at the the isthmus of Panama, vesting in citizens of the

that the benefits of the communication beiween the Balize, from the British Government, and not from United States the monopoly of the route, in direct

two oceans should not be exclusively appropriated Guatemala? If there had been any foundation for opposition to the resolution of the Senate, he rethe “ decided opinion

to one nation, and should be extended to all parts of this committee, was

turned home, and then, for the first time, coolly of the globe on the same terms. But during the NOT the course adopted by Mr. Polk and Mr. informed Mr. Forsyth that it “appeared to him administration of President Jackson, we see that Buchanan a direct insult to Guatemala ? And why unnecessary at present to enter into any negotiadid the members of this committee, who now show tions with foreign nations upon the subject."

our Government extended the principle to the no respect for the rights of Great Britain, and re His idea of an exclusive grant to our citizens of and during the administration of President Van

length embraced in the resolution of the Senate; fuse even to quote her pretensions to the territory, the right of way was in accordance with the opin- Buren, the House of Representatives adopted the relying, as they have done, exclusively upon the ion of Mr. Hise, subsequently appointed by Mr.

same principle by a resolution in nearly the same mere claims of Guatemala, then pass over in si Polk. Both negotiated for a monopoly of the pas words. In 1847, President Polk carried the prinlence all that was done by Mr. Polk's adminis sage in our own citizens. But there was this diftration, acknowledging the domain to be in Great ference between them: that the grant negotiated ciple into practical execution by the treaty which

was negotiated with the Government of New GraBritain by asking her consent to the consulate at by Mr. Biddle provided that two thirds of the

nada. In his executive message to the Senate of Balize? stock created by it should be “the property of

the 10th of February, 1847, communicating the I now leave those gentlemen who were so confi Charles Biddle and such citizens of the United

treaty with New Granada in regard to a canal or dent that British Honduras was in Central Amer • States as he might associate with him, the office railroad across the Isthmus of Panama, he quotes ica, on the 6th of January last, and who said they of the company to be in Philadelphia, and all

at full length the resolution of the Senate of the would not have voted for the treaty if they had installments to be paid there, and the number of

3d of March, 1835; approves of the policy adopted not believed it was there, to the enjoyment of their directors to be in the same proportion as the by President Jackson and the Senate at that peown reflections. quantity of stock." President Jackson was

riod; denies the policy of obtaining an exclusive My next object is to vindicate the treaty, which highly displeased with the result; and Mr. For

grant or monopoly of the right of way to the received the vote of forty-two Senators against syth, on the 23d of September, 1836, immediately American people; and vindicates the principle of ten. To do this I shall review the history of the after ascertaining the facts, in a dispatch to Robert opening the communication to all nations on the principle on which it was negotiated. B. McAfee, our Chargé d'Affaires at Bogota, dis

same terms, and of constituting alliances by negoThe principle which for twenty years has gov avowed and censured the whole proceeding, and

tiation, not for political objects, but for purely erned all the negotiations of the American Gov directed him "to disclaim all connection with the

, all ernment on the great subject of an interoceanic project on the part of this Government, to pre navigating nations of the world. I ask the Seccommunication between the Atlantic and Pacific, "vent any misunderstanding with the Govern

retary to read the message: across the isthmus which divides North from ment of New Granada.” The whole object of South America, was suggested by a unanimous the Senate and the President was thus frustrated

To the Senate of the United States:

“I transmit to the Senate, for their advice with regard to vote of Senate, in Executive session, on the third || by the incompetency of the agent. President

its ratification, a general treaty of peace, amity, navigaday of March, 1835. The resolution then adopted | Jackson shortly after went out of office. But the tion, and commerce, between the United States of America by the Senate is in the following words:

subject was not permitted to sleep. The records and the Republic of New Granada,'concluded at Bogota on “Resolved, that the President of the United States be of the State Department show that during every

the 12th of December last, by Benjamin A. Bidlack, Chargé

d'Affaires of the United States, on their part, and by Manrespectfully requested to consider the expediency of opensucceeding Administration that Department has

uel Maria Mallarino, Secretary of State and Foreign Relaing negotiations with the Governments of other nations, and been engaged in the consideration of this subject, tions, on the part of that Republic. particularly with the Governments of Central America and and especially in the acquisition of information " It will be perceived by the thirty-fish article of this treaNew Granada, for the purpose of effectually protecting, by suitable treaty stipulations with them, such individuals or necessary to enable it to act with effect. In the ty that New Granada proposes to guaranty to the Govern

ment and citizens of the United States the right of passage companies as may undertake to open a communication beadmirable dispatch of Mr. Wheaton, of the 17th

across the Isthmus of Panama, over the natural roads, and tween the Atlantic and Pacific oceans, by the construction December, 1845, it is observed that, “ in the letter over any canal or railroad which may be constructed to

[ocr errors][merged small][merged small]


unite the two seas, on condition that the United States shall which shall be constructed. New Granada is a Power right to make the canal, we do not mean to be misundermake a similar guaranty to New Granada of the neutrality which will not excite the jealousy of any nation. If Great stood. Our purpose in aiding American citizens to obtain of this portion of her territory, and her sovereignty over the Britain, France, or the United States held the sovereignty the grant is to encourage them in a laudable effort, rely. same.

over the istuimus, other nations might apprehend that, in ing, as their Government does, more on their skill and en. “The reasons which caused the insertion of this import case of war, the Government would close up the passage terprise than that of others. If they themselves prefer to ant stipulation in the treaty will be fully made known to the against the enemy: but no such fears can ever be enter unite with their own the capital of foreigners who may deBenate by the accompanying documents. From these it lained in regard to New Granada."

sire to embark in the undertaking, this Government will will appear that our chargé d'affaires acted, in this partic

not object to that. We should naturally be proud of such ular, upon his own responsibility, and without instructions.

The vote on the treaty was as follows:

an achievement as an American work; but if European Under such circumstances, it became my duty to decide “YEAS-Messrs. Atchison, Atherton, Badger, Bagby,

aid be necessary to accomplish it, why should we repudiate whether I would submit the treaty to the Senate; and, after Benton, Berrien, Borland, Bradbury, Bright, Butler, Cal

it, seeing that our object is as honest as it is openly avowed, mature consideration, I have determined to adopt this houn, Davis of Mississippi, Dickinson, Dix, Downs, Foote, to claim no peculiar privilege, no exclusive righi, no mo. course.

Hannegan, Houston, Hunter, Lewis, Moore, Niles, Rusk, nopoly of coinmercial intercourse, but to see that ine work “The importance of the concession to the commercial Sebastian, Spruauce, Turney, Underwood, Westcout, and

is dedicated to the benefit of mankind, to be used by all on and political interests of the United States cannot easily be Yulee-29.

the same terms with us, and consecrated to the enjoyment overrated. The route by the Isthmus of Panama is the “ NAYS--Messrs. Baldwin, Clarke, Davis of Massachu

and diffusion of the unnumbered and inestimable blessings shortest between the two oceans; and, from the information setts, Daylon, Hale, Miller, and Upham-7."

which must flow from it to all the civilized world? herewith communicated, it would seem to be the most prac

“ You will not want arguments to induce Nicaragua to ticable for a railroad or canal.

It thus appears that every Democratic Senator

enter into such a treaty with us. The canal will be pro* The vast advantages to our commerce which would re- 1 of that day voted for the treaty. The Senator ductive of more benefit to her than any other country of the sult from such a communication, not only with the west from Illinois, it would seem, is not of that school.

same limits. With the aid of the treaty it may (without coast of America, but with Asia and the islands of the Pa

such protection from some Power equal to our ownl, it cancific, are too obvious to require any detail. Such a passage

When I went into the office of Secretary of State

not) be accomplished. Let your negotiation with her be would relieve us from a long and dangerous navigation of

under President Taylor, I found that a company. frank, open, and unreserved, as to all our purposes. The more than nine thousand miles around Cape Horn, and of British capitalists contemplated the formation of same reasons for our interference must be avowed to the render our coinmunication with our own possessions on the a ship canal by the way of the river San Juan and capitalists who may enlist in the work. Before you treat northwest coast of America comparatively easy and speedy.

for their protection, look well to their contract with Nicar“ The coinmunication across the isthmus has attracted Lake Nicaragua, and that they had employed Mr.

agua. See that it is not assignable to others, that no exthe attention of the Government of the United States ever Wheelright, an English gentleman, to make the clusive privileges are granted to any nation that will not since the independence of the South American Republics. necessary arrangements and obtain the requisite agree to the same treaty stipulations with Nicaragua, that On the 3d of March, 1835, a resolution passed the Senate in

grant for that purpose from the Government of the tolls to be demanded by the owners are not unreasonthe following words:

able or oppressive, that no power be reserved to the propri. **Resolvedl, That the President of the United States be Nicaragua. At the same time a company of Amer

etors of the canal or their successors to extort at any time respectfully requested to consider the expediency of open ican capitalists, the chief of whom was Mr. Van liereafter, or unjustly obstruct or embarrass, the right of ing negociations with the Governments of other nations, and derbilt, of New York, was engaged in the prosecu passage. This will require all your vigilance and skill. If particularly with the Governinents of Central America and New Granada, for the purpose of effectually protecting, by tion of the same purpose, and had employed an

they do not agree to grant us passage on reasonable and

proper terms, refuse our protection and our countenance to suitable treaty stipulations with them, such individuals or agent to procure a grant from Nicaragua in their

procure the contract from Nicaragua. Ifa charter or grant companies as may undertake to open a communication be behalf. Supposing that Great Britain would throw of the right of way shall have been incautinusly or incon. tween the Atlantic and Pacific oceans, by the construction her influence in favor of the English adventurers, siderately made before your arrival in that country, seek to of a ship-canal across the isthmus which connects North and South America; and of securing forever, by such stiputhe American capitalists naturally sought the aid

have it properly modified to answer the ends we have in lations, the free and equal right of navigating such canal to

of their own Government. The President appointall such nations, on the payment of such reasonable tolis as ed E. George Squier chargé d'affaires to Central It will thus be seen that the policy of President may be established, 10 compensate the capitalists who may America, in lieu of Elijah Hise, who had been ap- | Taylor was not only in accordance with the resoengage in such undertaking and coinplete the work.'.

No person can be more deeply sensible than myself or pointed to the same place during the administra- lution of 1835, but with the principles adopted by the danger of entangling alliances with any foreign nation.

tion of President Polk. His instructions, dated both Houses of Congress, and with those of every Tliat we should avoid such alliances has become a maxim the 1st of May, 1849, fully explain the object of President of the United States from the days of of our policy, consecrated by the most venerated names the appointment of Mr. Squier, in aiding the Amer Presidents Adams and Jackson to this time, so far which adorn our bistory, and sanctioned by the unanimous voice of the American people. Our own experience has

ican capitalists to obtain the grant of the right of as we have the means of ascertaining them. tanght us the wisdom of this maxim in the only instance

way, and to carry out the principles of the resolu But, it will be asked, if the views of President that of the guarantee to France of her American posses tion of the 3d of March, 1835. Those instructions, Polk were really such as are here represented, sions-in which we have ever entered into such an alliance. II, therefore, the very peculiar circumstances of the present

after denying the validity of the Mosquito title, and why was it that he suffered Mr. Hise to violate case do not greatly impair, if not altogether destroy, the

asserting that of the State of Nicaragua, arrive at the principle and abandon the whole policy of the force of this objection, then we ought not to enter into the the conclusion that the United States, being in Government by the negotiation of Mr. Hise's stipulation, whatever may be its advantages. The general terested in a free passage to and from the Pacific treaty with Nicaragua of the 21st of June, 1849, considerations which have induced me to transmit the trcaly to the Senate, for their advice, may be summed up

ocean by the way of the river San Juan and Lake by which Nicaragua grants “ to the United States, in ihe following particulars :

Nicaragua, cannot tamely allow that interest to be or to a company of the citizens thereof, the exclu“1. The treaty does not propose to guaranty a territory thwarted by the pretensions set up by Great Bri 6 sive right and privilege to make, construct, and to a foreign nation in which the United States will bave no tain as the protector of the Mosquito coast. As it build, within the territories of the State of Nicarcommon interest with that nation. On the contrary, we are more decply and directly interested in the subject of

is necessary to explain the policy of this Govern- | 'agua, through and by the use and means of any this guarantee than New Granada herself, or any other coun

ment, and especially that of President Taylor, Il of the streams, rivers, bays, harbors, lakes, or try.

trust I shall be pardoned for quoting the following lands, under the jurisdiction or within the limits "2. The guarantee does not extend to the territories of

passage from the instructions which I gave to the lof said State, a canal or canals, or road or roads, New Granada generally, but is confined to the single province of the (sthmus of Panama, where we shall acquire by

minister to Central America before he proceeded either railways or turnpikes, or any other kind of the treaty a common and coextensive right of passage with on his mission:

"roads, for the purpose of opening a convenient herself.

"llaving now sufficiently apprised you of the views of passage and communication between the Carib. “3. It will constitute no alliance for any political object, this Department in regard to the title to the Mosquito coast, • bean sea and the Pacific ocean?” The answer is, but for a purely commercial purpose, in which all the pavi. I desire you distinctly to understand how important it is that Mr. Polk never assented to or authorized any galing nations of the world have a cominon interest.

deemned by the President so to conduct all our negotiations 164. In entering into the mutual guarantees proposed by

such thing. Mr. Hise acted in making the treaty on the subject of the Nicaragua pass as not to involve this the thiriy-filth article of the treaty, neither the Governinent country in any entangling alliances or any unnecessary con not only without instructions and beyond his of New Granada nor that of the United States las any nar troversy. We desire no monopoly of the right of way for powers, but in direct opposition to the instructions row or exclusive views. The ultimate object, as presented our commerce, and we cannot submit to it if claimed for by the Senate of the United States in their resolution, to

which Mr. Buchanan gave him in his letter of the that of any other nation. If we held and enjoyed such a which I have already referred, is to secure to all nations monopoly, it would entail upon us more bloody and ex

3d of June, 1848. He went with powers to conthe free and equal right of passage over the isthmus. If the United States, as the chief of the American nations, i England and Spain. The same calamities would infallibly

pensive wars than the struggle for Gibraltar has caused to clude a common treaty of commerce with the Reshould first become a party to this guarantee, it cannot be

publics of Guatemala and San Salvador. But Mr. be cast upon any other nation claiming to exclude the doubted-indeed, it is confidently expected by the Govern

Buchanan expressly added, “it is not, however, commerce of the rest of the world. We only ask an ment of New Granada-that similar guarantees will be given equal right of passage for all nations on the same terms-a

deemed advisable to empower you to conclude a 10 that Republic by Great Britain and France. Should the

passage unencumbered by oppressive exactions either from 'treaty with either Nicaragua, Honduras, or Costa proposition thus tendered be rejected, we may deprive the the local government within whose sovereign limits it may United States of the just influence which its acceptance

• Rica, until you shall have communicated to the be effected, or from the proprietors of the canal when ac. might secure to them, and conter the glory and benefits of complished. For this end we are willing to enter into a

Department more full and authentic statistic inbeing first among the nations in concluding such an ar treaty stipulation with the Government of Nicaragua, that

• formation in regard to those States than that which rangement upon the Government cither of Great Britain or both Governments shall forever protect and defend the pro. • it now possesses.” Mr. Hise's treaty, granting France. That either of these Governments would embrace

prietors who may succeed in cuiting the canal and opening to us the exclusive right of way, was not only the offer, cannot well be doubted; because there does not the water communication between the two oceans for our appear to be any other effectual means of securing to all na commerce. Without such protection, it is not believed

hostile to all the views and opinions of Mr. Polk, tions the advantages of this important passage but the guar that this great enterprise would ever be successful. Nicar

but it was also adverse to the sentiments of Mr. antee of great commercial Powers that the isthmus sball be agua is a feeble State, and capitalists, proverbially a timid Buchanan, the Secretary, as expressed by. him to neutral territory. The interests of the world at stake are so race, may apprehend from the rapacity of great maritime important that the security of this passage between the two

Mr. Crampton, the British Minister, on the 22d Powers the obstruction and even the seizure of the canal. oceans cannot be suffered to depend upon the wars and Similar apprehensions on their part, froin revolutions in

of May, 1848, at which time Mr. Buchanan rerevolutions which may arise among different nations. the local governinent, from the oppression and exactions of quested Mr. Crampton to ascertain Lord Palmer

“ Besides, such a guarantee is almost indispensable to the temporary chieftains, and from causes not necessary to be ston's opinion with regard to a plan he felt very construction of a railroad or canal across the territory. Nei. explained, may operate to retard a work in regard to which anxious to give effect to for the establishment of a ther sovereign States nor individuals would expend their it may be safely predicted, that when successfully accoincapital in the construction of the expensive works, without plished, its benefits to mankind will transcend those of any communication by a railroad, in the first instance, some such security for their investments.

other similar work known in the history of the world. AN and afterwards, if practicable, by a ship canal, The guarantee of the sovereignty of New Granada over these apprehensions may and will be removed by the sol across the Isthmus of Panama, between the At. the isthmus is a natural consequence of the guarantee of its emn pledge of protection given by the United Siates, and lantic and the Pacific oceans. neutrality, and there does not seem to be any other practica especially when it is known that our object in giving it is ble mode of securing the neutrality of this territory. New not to acquire for ourselves any exclusive or partial advan The great obstacle which had prevented the exGranada would not consent to yield up this province in tage over other nations. Nicaragna will be at liberty to order that it might become a neutral State ; and if she enter into the same treaty stipulations with any other na

ecution of this important undertaking had been, in should, it is not sufficiently populous or wealthy to estab tion that may claim to enjoy the same benefits, and will

Mr. Buchanan's opinion, the want of security for Jish and maintain an independent sovereignty." But a civil agree to be bound by the same guarantee. In desiring that property in the territory which embraces the istha Government must exist there, in order to protect the works our own countrymen may obtain the charter or grant of the mus, resulting from the continual revolutions and

[ocr errors]

320 CONG.....30 Sess.
Special Session-Clayton-Bulwer Treaty.

SENATE. hostilities of the Republics of Central America; not a treaty for a political alliance, which he ad arraign me or President Taylor for declining to and for this state of things he proposed the remedy | mits would have been fatal to its confirmation. offer it to the Senate for ratification? When he by the conclusion of a treaty beiween Great Bri On the very principles laid down by Mr. Polk in indulged himself so freely at my expense, on the tain and the United States, admitting as parties to that message it is impossible that he could have 14th day of February.last, did he not know that it, should it be thought desirable, France or any ever consented to the ratification of Mr. Hise's neither Mr. Buchanan nor Mr. Polk had ever other great commercial Power, by which treaty treaty.

authorized Mr. Hise to make such a treaty ?--that the perpetual neutrality of the province in which I have quoted but a part of the twelfth article. although Mr. Hise stated in the treaty that he had the Isthmus of Panama is situated should be guar- | The other provisions of that article are not only full powers to negotiate it, yet he had no such antied. Mr. Buchanan proposed to afford the ad- entangling, but entangled. If I understand the powers? Did he not know ihat Mr. Hise made vantage of the communication at a moderate toll to article at all, it provides that we shall not support the treaty in utter disobedience to Mr. Buchanan's all nations. In these views, General Herrau, the Nicaragua in her wars of aggression outside of instructions? Did he not know that Mr. Hise Minister of New Granada, concurred. The British her just limits; yet the naval and military forces, made that treaty after his recall, and after the apMinister himself is my authority for the fact. and the entire means and resources of both the con pointment of his successor? Did he not know

We know, therefore, that the views of Mr. tracting parties shall be employed “ to put down ihat the treaty was utterly inadmissible on the Buchanan concurred with the principle established all wars and bloodshed arising therefrom," and principles publicly avowed and acted upon by Mr. in 1835, and that he could not have yielded his to suppress all violations of the peace and inter- || Polk? Did he not know that the treaty violated approbation to Mr. Hise's treaty for a monopoly. 1 ruptions of the neutrality of the State of Nicar- || plain principles of constitutional law, and over

But Mr. Hise's treaty, independently of the agua; that is to say, if Nicaragua should go to threw the settled policy of this Government since objection on the ground of the exclusive privileges war outside of her own limits, we are bound to its origin? Did he not know, while he was delivit conferred, was liable to others.

fight till we put down the wars and bloodshed ering his speech here in the Senate, that this was By the third article

arising from them; and Nicaragua is to help us to a treaty the like of which no man of any party "It is agreed that if the Government of the United States do that, for not only our entire means and re could either ratify or approve? shall decide not to undertake and construct the said works, sources, (that is, all we have in the world, or can In a report of the speech of the Senator from then either the President or Congress thereof shall have the power and authority to frame, enact, and issue a charter

possibly get,) but all she has or can procure shall Illinois, now before me, he states his objections or act of incorporation, containing such liberal provisions,

be employed for the common purpose. We are to the treaty made by Mr. Squier with the State and such granis of rights and privileges, (not inconsistent also bound to suppress all violations of the peace of Nicaragua, and also to the Central American with ihe rights of the contracting parties herein secured,) as within her limits; to effect which we must have treaty concluded with Great Britain on the 19th may be necessary, convenient, or proper to effect the great objects in view.

kept an army there. The twelfth article then pro of April, 1850. As both these treaties were nego

ceeds to declare, “ for further explanation, it is tiated on the principles of the resolution laid down We see, then, that Mr. Hise's treaty proposed,

' understood that if the State of Nicaragua should in the Senate on the 3d of March, 1835, I will take first, that the Government of the United States

'become involved in a (just) war with any for this occasion of answering his objections, and should undertake and construct the canal in Nic

eign Power or neighboring State within her own correcting some of his misstatements. In that aragua; and, secondly, if it should decide not to do

border, to defend the territories rightfully be speech the Senator says that Great Britain could so, then either the President or Congress should

• longing to her, or to recover such territories never have colonized any part of Central America. issue a charter or act of incorporation for the pur ' wrongfully wrested from her, the United States In another part of the same speech he says that pose. As to the first proposition, I have never

engage to aid and defend Nicaragua in carrying i Great Britain had colonized the Bay of Íslands, yet met with any man of any party who supposed

on such war within her own rightful limits." which he says lie in Central America, and belong that our Government had power to make improve il Comment upon this provision of Mr. Hise's treaty to the State of Honduras, in violation of the ments outside the United States and their territo- I would seem to be an inexcusable waste of time. Monroe doctrine and the treaty negotiated by me ries. Mr. Polk denied that it had power to make There are other articles in this treaty sufficiently with Mr. Bulwer. Both the statements cannot internal improvements, and Mr. Buchanan was of absurd to condemn it. But if I have not already be correct-the one or the other must be untrue; the same strict-construction school. As to the shown enough for that purpose, I feel that it would and strange must have been that obliviousness second proposition, to confer upon the President be useless to refer to any others. Is there a man which involved the Senator in such a flat contraor Congress the power to issue a charter or act of in this Senate who will dare to stand up and say diction of himself. Again: he says that I had incorporation for the purpose of cutting a canal

he would have voted for it? Not one! And if instructed Mr. Squier to say to the Government in Nicaragua, I need not ask the question, Who the whole Senate had voted for such a treaty, it of Nicaragua that Mr. Hise had no authority to believes that either of them could exercise such a

could never have been ratified either by President act. This is another singular misstatement. There power under the Constitution? No foreign Gov- Polk or by President Taylor. If the President is not a word in my instructions to excuse the ernment could confer a greater power upon our had ratified it on our part, we know it never could Senator for making it. I had no idea that Mr. President or our Congress than the Constitution have become a treaty, for the Government of Nic Hise had disobeyed Mr. Buchanan's instructions delegates to them. The power of Congress to

aragua, when this treaty was presented to it by when I wrote the instructions to Mr. Squier. He create a corporation within the limits of the Uni. Señor Selva, the commissioner who signed it with had been directed to make no treaty with Nicaragua. ted States was denied by Mr. Polk. But if there Mr. Hise, utterly disapproved it, and refused to How could I imagine that Mr. Hise had acted be any man (except the Senator from Illinois, Mr. 1 ratify it. of this fact all were fully apprised by upon powers which were never granted to him by Douglas) who thinks that either the President the published letter of Mr. Carcache, the chargé my predecessor? The date of my instructions to (who has no legislative power) or Congress, or d'affaires accredited to our Government by that of Squier, as the Senator knew, was the 1st of May, both combined, have power to issue a charter in Nicaragua, addressed to the Secretary of State on 1849. He equally well knew, if he read the pubcorporating a company to make a canal in Nicarthe 31st of December, 1849.

lic documents, that Mr. Hise's treaty was not agua, or a railroad in China, I have not yet seen It was under these circumstances that the Sen made till the 21st day of June thereafter. The him.

ator from Ilinois (Mr. Douglas] made a charge Senator prefers Mr. Hise's treaty on account of By the twelfth article of Mr. Hise's treaty it is against me on the poor of the Senate, on the 14th the monopoly of the right of way; and his objecprovided, in consideration of the monopoly grant- day of February last, that I had suppressed Mr. tion to that of Mr. Squier is, that it opened the ed and the other grants in the preceding articles, Híse's treaty. What right had he to say that I right of way to all nations upon the same terms. that

had suppressed the treaty? As a Senator he ought | Did the Senator object to the treaty negotiated 6: The United States of America doth solemnly agree and to have known, and if he attended to his duty, in the time of Mr. Polk with New Granada ? undertake to protect and defend the State of Nicaragua in

and read the correspondence transmitted to the And is not that treaty liable to the very same obthe possession and exercise of the sovereignty and dominion of all the country, coasts, poris, lakes, rivers, and territo

Senate by the President, he did know that it was jection which he now makes against that of Mr. ries that may be rightfully under the jurisdiction and within utterly untrue; for General Taylor himself in- 1 Squier? It is Mr. Polk's boast in his message the just and true limits and boundaries of the said State; formed the Senate that he had declined sending it transmitting the New Granada treaty, that the and when the circumstances and condition of the country

to the Senate for ratification, for reasons which I Panama route would be “open to all nations on may require it, the United States shall employ their naval and military force to preserve the peace and maintain the have already given. If the Senator meant to say the same terms." neutrality of the said coasts, ports, lakes, rivers, and terri that I had concealed the treaty, then his statement The Senator, who has joined with a few others in tories, and to hold and keep the same under the dominion was equally destitute of truth, for he knew well denouncing the treaties with Nicaragua and Great and sovereignty of the Government of the State of Nicaragua, or of the Government of such State or political com

that I had sent that treaty to Congress on the 18th Britain for making the “ Nicaragua passage free to munity of which Nicaragua may voluntarily become a mem day of July, 1850, and that it was among the all nations on the same terms,” was never known ber, or with which,

of her own accord, she may hereafter published documents when he made the state to open his mouth against the treaty which opened be identified." ment.

the Panama railroad to all nations. The treaty of Does any man here defend such a treaty as that? (Mr. Douglas here said he meant only that the the 19th of April, 1850, provides for the neutralThis is one of the first instances since the ancient treaty had not been sent to the Senate for rati- ity the territory of all the Central American entangling alliance made with France by the fication.)

States, and for that reason the Senator condemns treaties of 1778, in which any minister of this The Senator has been on many occasions en it. The treaty with New Granada, having in Government has attempted to disobey the solemngaged in making charges against the administra view the same object—the protection of an interinjunction of the Father of his Country to avoid tion of President Taylor that this treaty was not oceanic communication through the Isthmus of all such politicial connections. For this is a polit- submitted to the Senate for ratification. I have Panama, and providing for the neutrality of the ical, not a mere commercial alliance. It is diffi read publications of some of his stump speeches i province of Panama-meets with his unqualified cult to perceive how it could have failed to plunge in regard to this treaty-has he any complaint to approbation. The Senator has taken up his song us into a war. Mr. Polk, in his message to the make now ? Dare he now say that he would, || against the treaty which guaranties the neutrality Senate, when transmitting the treaty which pro under any possible circumstances, have voted for of all the Central American Republics, and libervides for the protection of the Panama railroad, that treatyWould he desire me to send such a ates them from the dominion of Great Britain. that the Province of Panama shall be neutral treaty as that to the Senate for ratification? Would That Government had actually seized them and territory, justifies that treaty on the ground that it he ratify it? He cannot say that he would; and occupied them, and yet his harp hung upon the is a treaty for commercial purposes merely, and il if he cannot, with what show of propriety did he lI willows from the day when the treaty establishing

« ZurückWeiter »