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32D Cong.....30 Sess.

Special Session-Clayton-Bulwer Treaty.

SENATE.

extent."

the neutrality of Panama went into operation till mend to Congress such measures as he should the same grounds: Speaking of the Monroe decthe present time, and during the whole succeeding deem expedient, he said, in his message to the two laration, he said: period of five years not a murmur of disapproba- | Houses: “ We owe it to ourselves to declare,'

“ It answered the purpose for which it was intended, and tion escaped his lips. He complains that, under &c.; that is, he recommended to Congress (in virtue the danger which then threatened the Southern Republies the treaty negotiated by the Administration of of the right to recommend given him by the Con has since passed away. This declaration contained no General Taylor, we could not fortify in Centralstitution) to make this declaration in some resolu- pledge to any foreign Government. It left us perfectly

free, but it has since becn converted into such a pledge by America, while the British can fortify at Jamaica; tion or other proper form, and he was pledged by Mr. Adams's administration; and, although they have not yet he has always been perfectly satisfied with the it to nothing more than this: that, if Congress framed formal alliances with the Southern Republics, yet treaty of Mr. Polk, which deprives us of the power shaped such a resolution, or made such a declara- | they have committed the country in honor to an alarming

Mr. Clay has gone to such extremities in the to fortify in any part of the province of Panama, tion, he would approve it. There was no pledge

cause of these Republics, that in this particular prudent while the British can fortify in British Guiana. in it to any Power on earth but his own country men would feel disposed to compliment his heart at the exHe is shocked that we cannot annex the Central men in Congress assembled. The American Gov. pense of his understanding." American Republics to the United States; yet he ernment could be committed only by the vote of Mr. Buchanan's complaint against Mr. Clay, himself professes, almost in the same breath, to be both Houses of Congress, approved by the Pres which, he thought, went to show the weakness of opposed to the annexation. He cannot under ident. The proposition recommended by Mr.

Mr. Clay's head, was this: that he had instructed stand the reason why the Government of Nicar Monroe was warmly opposed by the very Con Mr. Poinsett to bring to the notice of the Mexican agua refused to ratify the treaty made by her Com gress to which it was submitted. "No such decla

Government the message of Mr. Monroe, and that missioner, Señor Selva, with Mr. Hise; yet he ration was made or attempted to be made by Con Mr. Poinsett had said to the Mexican Governhas seen that treaty which cedes away the juris- gress; but Mr. Clay, who was an ardent supporter ment that “the United States had pledged themdiction of the State and her public domain to an of Mr. Monroe's administration, did, at the time,

selveo not to permit any other Power to interfere enormous extent, and reduces her to a complete propose a resolution to the House of Representa with the independence or form of government of stage of vassalage; and, because he cannot under- tives, which was intended to approach the declara 'the Spanish American Republics I know it is stand this, he attributes her refusal to ratify that tion, but even that failed. His resolution was," that claimed that in Mr. Buchanan's instructions to treaty to the influence of Mr. Squier and io my 'the people of these States would not see, without Mr. Hise, he asserted the Monroe doctrine; but instructions. He amuses us with the assertion serious inquietude, any forcible interposition by the on a careful examination of his language it will be that the treaty of the 19th of April, 1850, is a allied Powers of Europe, in the behalf of Spain, to found that he did not instruct Mr. Hise to make negation of the Monroe doctrine in every particu ó reduce to their former subjection those parts of the

any such declaration, and only said that European lar; yet in the next breath he asserts that the continent of America which have proclaimed and interference with the domestic concerns of the treaty and the Monroe doctrine are so identical • established for themselves, respectively, independ- || American republics would " jeopard their indethat a violation of one is a violation of both. And ent governments, and which have been solemnly | pendence and ruin their interests, "and in the very he urges us to make an issue with the British recognized by the United States.” Even had this

next sentence he assigns a reason why the United Government about the colony of the Bay Islands, passed, it was but a poor response to the recom States decline to resist such interference. In the which he says is a striking infraction of the treaty mendation. It did not adopi Mr. Monroe's lan same instructions he tells Mr. Hise that “it is as well as the Monroe doctrine, and presents a guage or its equivalent, and it restricted “ the se

our intention to maintain our established policy very pretty quarrel as it stands. He is a great rious inquietude" we should feel to the case of a of non-intervention in the concerns of foreign advocate of the Monroe doctrine, yet refuses to forcible interposition by the allied Powers to aid nations.' vote for that doctrine when asserted in a resolu- | Spain! But Mr. Clay's resolution, even when Such are the words of Mr. Polk and Mr. Bution presented by one of his own party. thus diluted, backed by all the influence which he

chapan. Their acts or omissions to act were still As he declared that his reason for opposing the and Mr. Webster exerted on the occasion, never more significant of their opinion of the binding treaty of the 19th of April, 1850, was its “nega- || passed the House of Representatives. The Hon. force of the Monroe doctrine. The letters of tion of the Monroe doctrine,” I propose to exam James K. Polk, during the debate on the Panama Buitrago, the Secretary of State of Nicaragua, to ine the history of that doctrine, with a view to mission, tells us the fate of Mr. Clay's resolution, Mr. Buchanan, of the 12th of November, 1847, show not only that his assertion is unfounded, | and of Mr. Webster's kindred Greek resolution, and of Guerrero, the President or Supreme Director but that, while the policy indicated by the treaty which was defeated by a large majority at the same of that State, to President Polk, on the 15th of has been the established policy of this Govern session. As Mr. Polk is often cited as an advo- || November, 1847, implore the enforcement of the ment for more than twenty years, the Monroe cate of the opinion that Mr. Monroe's presidential Monroe doctrine. Not one word of reply—not doctrine never has been established as a principle message had pledged the nation to adopt the policy | any kind of notice was ever given by either of to regulate the action of this Government, and has which Mr. Monroe merely recommended, 'I beg them to Nicaragua that such letters were received. been repudiated as often as an effort has been to quote the following passage from his speech on The most impassioned eloquence, urging again made in Congress to sustain it. In saying this, I the Panama mission, in 1826, as not only showing do not mean to be understood that the Executive that he did not consider such recommendations as

and again that Nicaragua was about to fall a vic

tim to British aggression, and entreating the Unibranch of the Government has not recommended he and Mr. Monroe gaye to Congress as in any ted States to interfere on the very principles adit to Congress for effect or to attain a special ob sense binding upon this Government, without the

vanced by Mr. Polk himself, in his message at ject, nor do I mean to censure any President for consent of Congress, but also to show the fate of the first session of the Twenty-ninth Congress, doing so, but the President does not constitute the | Mr. Clay's resolution:

and reiterated in his Yucatan message, was of no Government; and I mean to say that neither the « Before he concluded, Mr. Polk said he would say a avail. The solicitations of Salinas and Castellon, President and Senate, by any treaty, nor Con

word in relation to the pledge which it was said the nation
had given in relation to our South American policy. When

and the warnings of Mr. Livingston, our consul gress, by any vote or resolution, have ever sustained it.

the message of the late President (Monroe) of the United at Leon, were equally ineffectual. There seemed

States was communicated to Congress, it was viewed, as to be no chord in the bosom of that Administration Mr. Monroe's declaration was made in his it should have been, as the mere expression of opinion of which vibrated to the touch of those who kneeled seventh annual message to Congress, on the 2d of

the Executive, submitted to the consideration and delibera December, 1823: tion of Congress; and designed, probably, to produce an

and begged for succor in this dark hour of their effect upon the councils of the Holy Alliance, in relation to

distress. The Monroe doctrine was laid aside; “ We owe it,” said he, “ to candor and to the amicable their supposed intention to interfere in the war between the President's own recommendation to Congress relations existing between the United States and the Euro Spain and her former colonies. That effect it probably bad pean Powers, LO DECLARE that we should consider any al an agency in producing; and, if so, IT HAD PERFORMED

had, we must suppose, also, like Mr. Monroe's, tempt on their part to extend their systein to any portion of ITS OYFICE. The President had no power to bind the na

The British, in their

" performed ils office.this heinisphere as dangerous to our peace and safety. With tion by such a pledge. The sound and sober judgment of ships of war Alarm and Vixen, entered the San the existing colonies and dependencies of any European the people of the United States had not been brought up 10 Juan river without even a remonstrance from our Power we have not interfered and shall not interfere. But the conclusion that we could, in any event, make common with the Governments which have declared their independ cause with the Republics of the South, or involve ourselves

Government, on the 8th of January, 1848, and ence and maintained it, and whose independence we have, in the calamities of war in their behali; all oursympathies,

while Mr. Polk and Mr. Buchanan slumbered on great considerations and just principles, acknowledged, all our good feelings were with them ; we wished them sucwe could not view any interposition, for the purpose of op

over all these forewarnings of the fate of Nicaracess; but self-preservation is the first law of nature and of

gua, took the town of San Juan, and changed its pressing them, or of controlling in any other inanner their nations; we were then, as he hoped we still were, unpredestiny, by a European Power, in any other light than as pared to depart from our settled policy. As a strong evi

name to "Greytown,” stormed the fort of Serathe manifestation of an unfriendly disposition towards the dence of what the opinion of this House then was, the

paqui, and in the Island of Cuba, in the midst of United States."

present Secretary of State, (Mr. Clay,) then a member of the magnificent lake of Nicaragua, dictated their This celebrated declaration, which is often quoted

ihe House, had submitted a resolution responding to the own terms as conquerors to the unhappy people

sentiments of the message of the President. The Greek as a pledge to go to war with any European nation resolution was submitted, too, at the same session, by the

who, relying upon our supposed promises of help which shall attempt to colonize any part of this honorable member from Massachusetts; the fever was up;

contained in the President's previous publicavowal hemisphere, is not a declaration by the President we seeined to be then, if we ever had been, prepared to go of the Monroe doctrine, had dared to wage war and to a foreign country, but a mere recommendation on a political crusade in behalf of others. The sober judg

expend their blood in defense of their native land. to Congress, to declare, first, that we think any

ment of the House interposed; the Greek resolution shared
its fate, and sleeps upon the table. Mr. Clay saw clearly

The documents before Congress exhibit on the attempt to extend the European system, that is, that the same fate inevitably awaited his South American part of our Government the most cold and conto make a European colony in this hemisphere, resolution, with only this difference, that it would probably temptuous silence-a perfect indifference to all the would be dangerous to our peace and safety; and, have been negatived by a much more overwhelming ma

appeals of our weak sister Republic, and her letters secondly, that any European interposition to con

jority. It was not called up. He, however, effected one
object; he prevented any expression of opinion. By sub-

were never answered until they were answered by trol the destiny of an established American Gov milting his resolution, others were induced not to do so, Zachary Taylor, who has been so much abused for ernment would be viewed by us as a manifestation with an expectation of having an opportunity of voting on not carrying out the Monroe doctrine ! His letter to of an unfriendly disposition towards the United

And now it is said the national honor is pledged to the President and mine to the Secretary of the States. Congress utterly refused to adopt the rec

act up to the declaration of that message. For himself, he
did not so consider it; and for one, he never could agree to

State of Nicaragua, are among the published docommendation at the time, and has ever since re endanger the peace of the country by sending ministers to uments before you; and how fully they refute the fused to make any such declaration. Mr. Monroe the consultative assembly at Panama.” made no declaration himself; but, in pursuance of

calumnies which for three years have filled a por

In the same celebrated debate on the Panamation of the party press of this country and disthe power given him by the Constitution to recom mission, Mr. Buchanan opposed the mission on graced its character for veracity, all men are now

his.

320 CONG.....30 Sess.

Special Session— Clayton-Bulwer Treaty.

SENATE.

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free to judge. The Secretary will read the let roe doctrine asserted in his messages, and again your patience by the introduction of their opin

adhered to the doctrines of his speech on the Pan The Senator from Michigan (Mr. Cass] DEPARTMENT OF STATE,

ama mission. “Fifty-four foriy” was given up was perfectly correct when he said that this decWASHINGTON, May 3, 1849.

without the promised “ fight," and the doctrine laration of Mr. Monroe had lain, ever since its Sir: I have the honor to acknowledge the receipt of the coinmunications which your Excellency addressed to this

of Washington triumphed again over the Monroe , origin, a dead letter on our records. His recent Department, under dates the 12th November, 1847, and 6th

doctrine by the ratification of the Oregon treaty. attempt to revive it by his resolution at the last March, 1848, relative to the seizure by the British of the The statement of Mr. McLane enables us to session, closes the history of the Monroe doctrines. port of San Juan de Nicaragua. These communications understand now why it was that the resolutions That resolution met with such violent opposition have been read with painful interest, and have led to a determination on the part of the President of the United

introduced into the Senate by Mr. Allen, of Ohio, from his own party as to give us the assurance States to accede to the request of the Government of Nic on the 14th of January, 1846, were stifled and that no President who should undertake to act aragua for the interposition of the good offices of this Gov effectually voted down by the Democratic Senate upon it could be sustained. With all similar reserninent, in a friendly manner and spirit towards both Great

of that year. The friends who really understood | olutions, recommendations, and declarations, it Britain and Nicaragua, for the purpose of adjusting the controversy with reference to the Mosquito shore. Instruc

Mr. Polk were all opposed to that resolution, which was consigned to "that same ancient vault where tions have accordingly been transmitted to the Minister of

affirmed the same doctrines publicly espoused by all the kindred of the Capulets lie.” the United States at London, which it is hoped may be the President and his party organ; and while every With this history before us, I would leave the instrumental towards inducing the British Government to

Democratic newspaper in the United States was Senator from Illinois the full benefit of his objecrespect the just rights of Nicaragua, and towards effecting a satisfactory accominodation of all the matters in dispute.

filled with the Monroe doctrine, and with "fifty- || tion to the treaty of the 19th April, 1850, if I I avail myself of this occasion to offer to your Excellency four forty, or fight;"while the Senators from Mich could. He said, and repeatedly said, that every assurances of my most distinguished consideration. igan (Mr. Cass) and from Ohio [Mr. Allen) and article of that treaty is predicated upon a negation

JOHN M. CLAYTON.

from Indiana, (Mr. Hannegan,) with many others and repudiation of the Monroe declaration in reHis Excellency the MINISTER FOR FOREIGN AFFAIRS of the Republic of Nicaragua.

of the same party, were deceived by the public | lation to European colonization on this continent.

opinion of the Executive head, others secretly If that were true, it ought to be the greatest recZACHARY TAYLOR,

knew and acted upon the private opinion of Mr. ommendation of the treaty to one who assumes to PRESIDENT OF THE UNITED STATES OF AMERICA. Polk, and these were the men who suppressed the belong to the Democratic party, and to be a folWASHINGTON, May 3, 1849.

resolution and voted down the Monroe doctrine. lower of the principles of Jackson. He would DEAR AND Good FRIEND: I have to acknowledge the

This was another memorable instance in which have been, if true to his present principles, a thorreceipt of your communication of the 15th December, 1847, that doctrine was practically repudiated. I was ough-going Adams man in 1826, and ought to which has been read with lively and painful interest. The not deceived by the Executive message, or by the have been heard in favor of the Panama mission Secretary of State of the United States has this day addressed a note to the Minister of Foreign Affairs of Nicar party press, or by the "civium ardor prava juben- || and the instructions of Mr. Clay to Mr. Poinsett. agua, expressing the sympathy of this Government for the tium,” which distinguished that crisis.

The Senator does not understand the distinction injuries which that State believes she has received in con Among those who were the most ardent for between an alliance for political purposes and a sequence of the forcible occupation of the port of San Juan by British authorities, and mentioning the friendly steps

fifty-four forty” was the Senator from Illinois, compact to carry out a commercial enterprise. which have been taken by us with a view to obtain redress

(Mr. Douglas.] He was not in the Senate. He | Every word of objection which he made to this therefor. Your Excellency may be assured that our efforts supposed the Monroe doctrine was popular, and treaty was equally applicable to Mr. Polk's treaty to this end, in an amicable spirit and manner towards both that his party meant to sustain it. He was easily with New Granada to protect the province of PanNicaragua and Great Britain, will be cordial and zealous, and will be animated by the desire, which we sincerely duped, and still complains of it.

ama, and to Mr. Buchanan's proposition to Mr. cherish, that the just territorial rights of Nicaragua may be

Indulge me in a few more words to close the Crampton to invite not only Great Britain, butrespected by all nations, and that she may advance in pros history of the Monroe doctrine. On the 20th of France and other commercial Powers, to enter perity and happiness.

April, 1826, the House of Representatives adopted into the same treaty stipulations which we had Your good friend,

Z. TAYLOR. To his Excellency the DirecTOR OF THE STATE OF Nic

an amendment to a resolution declaring it expedi- | contracted in regard to a canal or railroad at Pan

ent to appropriate the funds necessary to enable ama, and his opposition is founded on principles By the President:

the President to send ministers to Panama, which which would overthrow every commercial treaty Joun M. CLAYTON, Secretary of State.

amendment was indeed a complete negation of the we ever made. During the administration of Mr. Polk, the whole Monroe doctrine. This amendment was But, notwithstanding his assertion that the treaty British aggressions in Central America were con carried by a party vote, all the leading men then is a negation of the Monroe doctrine in every parstantly increasing. The attack in 1848 was made belonging to the Jackson party voting against the ticular, I must tell him that it presents the only just six days after the treaty of Guadalupe Hidal Monroe declaration and in favor of the amend instance in which an European Power, which had go, by which we acquired California. It blocked ment, and all the leading men supporting Mr. Ad- | attempted to colonize a portion of this hemisphere, up our passage to the Pacific. The war with ams's administration voting against the amend and to extend the European system here, has been Mexico was ended—the army of Taylor was un ment. This amendment, which was a complete induced by the action of this Government to abanemployed. If it were desirable to prove the truth stifler of the whole Monroe declaration, obtained don the attempt. Impartial history will distinof the Monroe doctrine to the British, a few phi- || ninety-nine votes, among which were those of guish between such action and that mere noisy losophers could have been selected from the Messrs. BUCHANAN, Forsyth, Houston, Ingham, | declamation to frighten the vulture from his vicmy of occupation" that would have been most McDuffie, McLane, and Polk! It is very remark- 1 tim, which has generally carried more consterna'convincing in their arguments. Thackeray says able that the Democracy, at the very origin of their tion into the ranks of friends at home than of foes there is nothing like a good rattling article from present party, totally repudiated the whole decla- | abroad. the throat of a nine-pounder to carry conviction ration, and came into power on the principle of The Senator from Michigan (Mr. Cass) very in such cases. Why not act upon the idea of Washington's doctrine of non-intervention. It || correctly answered the gentleman when he said Louis Napoleon, and throw the sword of Bren has been often said, and there is much reason to that after all attempts to adopt the Monroe docnus into the scale of civilization??" The answer believe, that Mr. Adams, who was Secretary of trine had failed, and it had remained a dead letter is, Mr. Polk preferred to adhere to the doctrine State at the time Mr. Monroe proposed the doc for a quarter of a century, the treaty " was the best of his speech on the Panama mission, and did not trine, was entitled to the paternity of it. Mr. Cal- | thing we could do." "We could not (said he) regard this Government as bound by his recom houn once intimated so much in the Senate. It get a Congressional sanction of the Monroe docmendations of the Monroe doctrine to Congress was the principal topic of discussion in Congress trine;" and the Senator from Illinois, at this day, because Congress had not adopted them.

during the administration of Mr. Adams, and it is not willing to join in giving it. I repeat, what Another instance in which Mr. Polk disregarded was generally believed at the time that the reasser had we to do under these circumstances? Why, these recommendations made by himself, was on tion of the Monroe principle in Mr. Poinsett's in it was manifestly our policy to agree with Eng. the occasion of the Oregon treaty. He was elect structions, and in the course adopted by the advo land to keep hands off. If we had not done so, ed on the platform of “the whole of Oregon or cates of Mr. Adams in favor of the Panama mis England must now have been and would have none." Fifty-four forty, or fight," was the sion, drove Mr. Adams from power and secured been in the undisturbed possession of all the Ceneuphonious alliteration—the war-cry; the very the election of President Jackson, whose party, tral American States upon which she desired to shibboleth of his party. He recommended to Con- || shortly after his election, assumed the name of the gress the Monroe doctrine again, and yet we Democratic party. Among his most ardent advo Before I leave this part of the subject, permit me know, from authentic evidence, he did not intend cates was Mr. Van Buren, the great Coryphæus to allude briefly to the reason why I did not vote to act upon his own recommendation. He sent of that party, who, in a speech in the Senate, op on the treaty with New Granada in 1847. I was at Mr. McLane to England to negotiate the Oregon posing the Panama mission and the Monroe doc- that time a member of the Senate, and did highly treaty, and Mr. McLane on his return, at a public || trine, said:

approve of the general provisions of the treaty, but dinner in New York, informed us that “a divis,

“I will venture to affirm that there is not a member on

was opposed to so much of it only as guarantied •ion of the country (i. e. Oregon) upon that prin this floor who will avow his willingness to enter into a the sovereignty of New Granada in her own ter'ciple, (a compromise on the 49th parallel of lati stipulation to resist attempts by the European Powers to ritory. No such guarantee is to be found in the 'tude,) with a reasonable regard to rights grown

colonize any portion of this continent. If mistaken,” said up under the joint possession, always appeared to Mr. Van Buren, “I desire to be corrected. No; I am not.

treaty of 1850. The treaty with Nicaragua, which No; thank Heaven, a policy so opposite to all the feelings Mr. Squier negotiated, was no entangling alliance, • me (him) to afford a just and practicable basis for of the American people, so adverse, as I firmly believe it but only recognized the title of that State, without

an amicable and honorable adjustment of the sub to be, to its true interests, has no friend, at least no advo any guarantee of that title; and as that treaty project. Such, also, I was satisfied, were the views of cate, on this floor.”

vided for the protection of the canal by the local our Government at the time I engaged in my recent This speech was pronounced the ablest deliv- government as well as ourselves, I thought it es

mission; and in earnestly and steadily laboring to ef ered in Congress since Mr. Pinkney's reply to sential to the completion of the enterprise. Presifect a settlement upon that basis, I was but represent Mr. King. I could fill

volumes from

the speeches dent Taylor submitted that treaty io the Senate 'ing the policy of my own Government, AND FAITH of Mr. Hayne, Mr. Rives, Mr. McLane, Mr. with an assurance that, should the Senate concur • FULLY PROMOTING THE INTENTIONS AND WISHES OF Calhoun, and all the ancient leaders of the Demo with him, he would ratify it, and recommended . THE PRESIDENT!” Here, again, Mr. Polk gave cratic party against this Monroe doctrine. But I only such alterations in it as would make it fully evidence of the practical abnegation of the Mon- ll will not longer, and in this manner, trespass upon in accordance with the British treaty. I placed

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320 Cong.....30 Sess.

Special Session-Coal for the Navy.

SENATE.

the amendments which would have effected that far in abolishing the British protectorate as the

will be required to pay for such of the coal as may be pur object in the hands of the chairman of the Com dictates of humanity demanded. In no treaty

chased in England, mittee on Foreign Relations, leaving it to the dis which Great Britain has ever made has she aban

That the Secretary be also required to inform the Senate

whether offers were made by other parties than Messrs. cretion and judgment of the Senate to decide doned her allies to the mercy of their enemies. Howland & Aspinwall to supply the above-named squadron whether they would or would not recognize the The British settlers in Oregon south of the 49th with coal, by delivering the same at such places as might

be designated in the Chinese seas; the prices per ton at Nicaragua title, which the President was willing | parallel of latitude were provided for by her in a

which these parties proposed to deliver it, stating particuto do. Spain had, by treaty, recognized that treaty when she relinquished the country south of

larly the rates at which anthracite, American bituminous, title. In a few days after I resigned the office of that parallel. But, in this treaty of 1850, she re and English bituminous were respectively offered; and Secretary of State, which I had been anxious to served to herself no power to protect by arms or

whether, after these offers had been made, a contract at do long before, on account of private considera force. I understand 'from undoubted authority,

higher prices was not entered into with Messrs. Howland

& Aspinwall for English coal. tions. The President had refused to accept my that an offer has been made to Nicaragua in be That the Secretary be further required to inform the Senresignation; but his untimely death, on the 9th of half of the Indians, to cede their whole claim; in ate whether, previous to the time of contracting for the July, 1850, released me from the obligations under other words, to extinguish their Indian title, for supply of the said squadron with coal, the Government had

not regularly-authorized agents employed for the express which I felt bound to remain in office; and after fifty thousand dollars—a sum much less than we

purpose of purchasing and inspecting all coal necessary for my retirement I never learned the reason for the have been accustomed to give in our Indian trea the supply of the Navy, and what commission the said omission of the Senate to act upon the treaty with ties for the cession of far less territory. The ad agents received by way of coinpensation for their services. Nicaragua. In my judgment that treaty should be justment of the boundary between Costa Rica and

That he be required further to inform the Senate whether

Messrs. Howland & Aspinwall were not appointed agents revived, or some similar treaty negotiated without | Nicaragua is a more difficult matter.

10 purchase and inspect the whole, or a great part of the delay, to prevent the local government from ever Mr. President, I have now considered the prin coal necessary for the supply of the Japan squadron ; attempting to confiscate the canal in the event of cipal topics upon which I desired to address the whether the commissions allowed them are not double the its construction. The failure of this treaty was Senate, to vindicate the policy of the lamented

amount of those allowed and paid to the regular purchasing

and inspecting agents; whether the said commissions are much regretted by me. Chief Magistrate under whom I served the public

not counted on the gross price of the coal, namely: on the As to the British protection in Central America, as a negotiator; but there are others to which, af price, with freight, exchange, and insurance added. That it was of course disarmed by the treaty. Its ter hearing all that can be said in reply, I may he be required also to inform the Senate what quantity of terms are too plain to be misunderstood by any wish to speak. I thank the Senate for their in

coal it is estimated will be required for the supply of the

said squadron annually, and what kind principally will be one. Great Britain cannot place an armed soldier | dulgence, and have done.

used; what amount of demurrage has been paid, and for on the territory without violating the treaty. She

what quantity of coal, for what length of time, and to whom; cannot protect the Indians with a view to obtain Mr. DOUGLAS. I was unavoidably absent also, what rate of demurrage is to be paid hereafter. possession of the country, nor can she occupy or during the early part of the Senator's speech this

Mr. President, the object of the resolution which assume any dominion for the purpose of protec- morning, but I presume I understand that part of has been proposed is to ascertain, if practicable, tion. There is nothing undefined in the treaty on it from an intimation given yesterday at the con

something in relation to the supply of fuel for the this subject. All British dominion in the whole | clusion of his remarks at that time. I desire to

squadron which has been ordered into the Chinese of Central America, extending as it does by the reply to so much of the Senator's speech only as line of the sea-coast nearly one thousand miles, is relates to some topics of discussion introduced by other relations with the Japanese empire. It is

seas for the purpose of opening commercial and abandoned. The member from Ilinois says that || myself some two or three weeks ago. I shall not

known, Mr. President, to the Senate that the Gov. Great Britain has not abandoned any part of the enter into the question that he has made between country. I do not place much reliance on any the Committee on Foreign Relations and himself the purpose of purchasing and supplying coal for

ernment some time ago appointed two agents for statement he makes on this subject. The British with regard to the report, I having been unavoid

the use of the Navy; one of these agents being Minister assures us that his Government has ob-ably absent and thus prevented from concurring in appointed for the purpose of purchasing and inserved the treaty, and means to observe it faith the report of the committee, or even reading it. specting anthracite, and the other for the purpose fully; and the Secretary of State informs us that do noi desire to enter into any controversy with

of purchasing and inspecting bituminous coal. It San Juan de Nicaragua is no longer in possession regard to what has grown up relating to British is iheir duty, by virtue of their office, to supply of Great Britain, but is really governed by Amer Honduras. I only desire to confine myself to the and inspect the coal, not only for the Navy proper, ican citizens who reside there. But if the treaty points at issue in my own speech to which the but likewise all that is used in the dock-yards and has not been respected, it is not my fault. Senator has alluded. I therefore move to post; shops belonging to the Government; and as a comIt was of no importance to me or my country to pone the further consideration of the subject until

pensation for their services they have received a expel the miserable savages from their fishing or to-morrow.

commission of five per cent, on the amount furhunting grounds. Humanity dictated to us that The motion was agreed to.

nished. When the squadron was about to sail, or they should not be butchered by those who had

JAMES H. WEST.

rather previous to the period of its sailing, these been their bitter foes while Great Britain was

Mr. JAMES presented resolutions passed by agents offered to supply coal upon certain terms; striving to obtain possession of the country, and

the Legislature of Rhode Island in regard to the that is, they offered to supply both anthracite and was exercising in their name absolute dominion

imprisonment in Cuba of James H. West, a cit bituminous, and to deliver it at such ports as in Central America. We had no justifiable mo izen of Rhode Island; which were read, referred should be indicated in the Chinese seas, at a price tive for preventing Great Britain from interceding to the Committee on Foreign Relations, and or not exceeding fifteen dollars per ton. I think the in a friendly way with any one of the Central dered to be printed.

offer was to supply anthracite at $14 50 per ton, American Republics to save them from destruc Mr. MASON. My honorable friend from and Cumberland 'bituminous at $14 90 per ton. tion. There are not, I learn, at this time more

Rhode Island did me the honor of communicating At any rate, neither the one nor the other was to than five hundred of these wretched Mosquito In that memorial to me before he presented it to the exceed fifteen dollars per ton, with a commission dians in existence. They are, like all their race, Senate; and at his suggestion, I thought it was of five per cent. added. rapidly disappearing from the earth, and in a very proper that I should offer a resolution on the sub It seems, however, that neither of these offers few years will cease to exist, notwithstanding all

ject. I have not had an opportunity of submitting was accepted, and that Messrs. Howland and Asthe care that humanity can bestow upon them. it to the Committee on Foreign Relations, and I || pinwall were appointed inspectors and authorized The leprosy and other loathsome diseases have will now submit it on my own part, calling upon io purchase the coal for the supply of the squadron. thinned their numbers to a mere shadow of a the Executive for information with respect to the They purchased a few thousand tons of American tribe, and the Minister to Central America tells matter. The resolution is as follows:

anthracite and bituminous coal; but have relied

Resolved, That the President of the United States be re mainly upon English coal for the supply of the country the penalty of death is imposed upon any quested (it in his opinion not incompatible with the public squadron; and they have purchased it, as I am inone who shall intermarry with them. The pro interest) to communicate to the Senate copies of any cor

formed, at a much higher price than either the tectorate through which Great Britain intended to respondence relating to the imprisonment or detention in custody of James H. West, a citizen of the United States,

American anthracite or bituminous were offered assume dominion over all this region, as she had

at Sagua le Grande, in the Island of Cuba, and of the seiz for, although the latter are greatly superior, acdone through other protectorates in India, is ure of his property by the authorities of said island, 10 cording to tests made on various occasions, and in already abolished so far as we had any object to gether with all information connected therewith.

various ways. I have been informed, and I have abolish it. Stat nominis umbra. She cannot “oc The resolution was considered by unanimous no doubt of the fact, that the coal, delivered in the cupy” to protect these Indians; that is, she cannot consent, and agreed to.

Chinese

seas,

will cost a fourth more; that is, the either “take or keep possession"to effect that ob

EXECUTIVE SESSION.

English coal which these parties are to deliver will ject. She cannot "colonize" with a view to such

On motion by Mr. MASON, the Senate pro

cost one fourth more than American coal which is an object; she cannot“ fortify'to do it; she cannot

ceeded to the consideration of Executive business, so much superior in character. And instead of a " assume" or exercise any dominion whatsoever with a view to do it. What more do you want of and after some time spent therein, the doors were

commission of five percent. which has been allowed reopened, and

to the regularly-authorized agents of the Governher? Do you desire that she shall not send food

The Senate adjourned..

ment, Howland & Aspin wall are to receive ten per to the half-starved savages? May she not send the

cent. They also pay ten-and-a-half per cent. by Bible among them? Do you wish to prevent that? May she not mediate with the local government

THURSDAY, March 10, 1853.

way of exchange upon all the coal that they pur

chase abroad. within whose limits they exist, to prevent them Prayer by the Chaplain, Rev. C. M. Butler. Now, if this be so, it is a wrong committed from being massacred by their hereditary enemies? Mr. COOPER. I submit the following reso against important domestic interests,

and my obMay she not ask those Governments, without lution:

ject is to ascertain the facts. I have been informed offense to you, to act by them as we have done by all Indians within our borders, and extinguish

Resolved, That the Secretary of the Navy be, and he is

that during the period which it is anticipated the hereby, required to communicate to the Senate the contract squadron will remain upon that station, or rather the Indian title, which is nothing more than the entered into with Messrs. Howland & Aspinwall for sup in those seas, some eighty or a hundred thousand mere right of occupancy till the white man wants plying the Japan squadron with coal, the price per ton which the land and gives ihem a pittance to support them the said coal will cost delivered in the Chinese seas, the

tons of coal will be required for its consumption. amount of commissions and insurance, respectively, 10

These men receive ten per cent. commission; and if when deprived of it? President Taylor went as

gether with the rate of exchange which the Government the price should be $20 per ton they will receive by

320 Cong....30 Sess.

Special Session-Clayton-Bulwer Treaty.

SENATE.

at the late session.

way of commissions $160,000; and the Govern

COMMITTEE ON CLAIMS.

ation of the Senate. The first is, that it was conment will have to pay besides, by way of exchange, Mr. BRODHEAD. I submit the following | cluded by Mr. Hise without the authority of this more than $160,000. This is benefiting foreigners resolution:

Government. That may be true, but it is the first at the expense of our own citizens, who, as I am Resolved, That the clerk to the Committee on Claims be time I have ever heard it urged as a valid reason informed, offered to supply the Government at $15 continued as heretofore, until otherwise ordered by the for withholding from the consideration of the Senper ton, delivered where the article was needed. I Senate, to be employed in completing and keeping up the

ate a treaty the objects and provisions of which do not intend, in what I have said, to reflect upon by the resolution of March, 1851, and in such other duties index and digest of the reports of the committee authorized

were desirable. The treaty with New Granada, the Secretary of the Navy at all. The late Sec as the committee may require.

which he so warmly commends in his speech, was retary of the Navy, as I understand, had nothing

I presume there can be no objection to the reso

made by Mr. Bidlack without authority. Presito do with it. Nor had his predecessor in office. I wish to be understood here, and that I do not

lution. In 1850, the Senate, on the motion of the dent Polk stated this fact in his message commuintend to reflect upon either of those officers in the

Senator from New Hampshire, adopted a resolu- nicating the treaty to the Senate, and the Senator slightest degree. I believe both of them are men

tion continuing this clerk for the purpose of making from Delaware has read that message and incorof the purest integrity, and eminently qualified for a classified index of the proceedings of the Senate porated it into his speech. He therefore knew

that fact when he gave as a reason for withholdthe discharge of the duties of their high position.

on claims. The index will be completed by the I understand these contracts are made by the Bu- meeting of the next Congress. I understand it is ing the Hise treaty, that it was made without about three fourths done. The Committee on

authority. reau of Construction and Supply, at the instance

The treaty of peace with Mexico, to the proof the commander of the squadron, who probably this resolution to the Senate, and ask for its consid- visions of which the Senator has also referred on preferred English to American coal. All I desire eration now.

another point, was entered into by Mr. Trist, not is the facts, and for that purpose I have offered the resolution; and I hope, as it is a matter of inquiry

The resolution was considered by unanimous only without authority, but in bold defiance of the

instructions of our Government to the contrary. merely, that it may be considered now. consent, and agreed to.

The administration of President Polk did not feel The resolution was considered by unanimous

DEBATES IN THE SENATE.

at liberty to withhold these two treaties from the consent, and agreed to.

Mr. BADGER submitted the following resolu Senate, merely because they were made withoutCOMMITTEE ON INDIAN AFFAIRS. tion for consideration:

authority or in defiance of instructions, for the Mr. SEBASTIAN. I submit the following

reason that the objects intended to be accomplished Resolved, That the Secretary of the Senate have pub

lished in the Daily National Intelligencer, the full debates i' by the treaty were desirable, and the provisions resolution, and ask for its consideration now: and proceedings of the Senate for the late legislative session, could be so modified by the Senate as to make the Resolved, That all business heretofore referred to the and pay the same compensation therefor as is allowed to

details conform to the objects in view. It may not Committee on Indian Affairs and not reported on, or other

the Union and Globe, and pro rata for what has been rewise definitively disposed of, be again referred to said comported and published in the Intelligencer during the present

be amiss for me to remind the Senator from DelaCongress

ware, that he was a member of the Senate at the mittee, with like power and authority possessed by them

CAPTAIN MARCY'S REPORT.

time the Mexican treaty was submitted for ratifica

tion, and that he voted for it, notwithstanding it Mr. MASON. I submit to the Senator from Mr. CHASE submitted the following resolu was concluded in opposition to the instructions of Arkansas that the Senate at this session is not tion for consideration; which was referred to the

our Government. If, therefore, the Senator has competent to enter upon any business of a legis- | Committee on Printing: lative character, which, of course, requires the

any respect for the practice of the Government here

Resolved, That two thousand additional copies of the re. tofore, or for his own votes recorded upon the very concurrence of the House of Representatives. port of Captain R. B. Marcy, of his exploration of the

point in controversy, he is not at liberty to object The scope of the resolution would appear to con

waters of the Red river, ordered to be printed by the resofer on the committee the same powers which it Jution of the Senate of the 4th of February last, be printed

to the treaty upon the ground that it was concluded for the use of the Senate ; two hundred copies of which to by our diplomatic agent without authority. had during the late session. If there are any be furnished 10 Captain Marcy; and that two hundred I understand the rule to be this: whenever the special matters which should be referred to the copies of the report of Captain Sirgreaves, ordered to be committee, and which would not require the conprinted for the use of the Senate, be furnished to Captain

treaty is made in pursuance of instructions, the Sitgreaves. currence of the House, I have no objection to it.

Executive is under an implied obligation to submit Mr. SEBASTIAN. I am aware of the fact

CLAYTON-BULWER TREATY.

it to the Senate for ratification. But if it be en

tered into without authority, or in violation of suggested by the Senator. This resolution is to The Senate resumed the consideration of the instructions, the Administration are at liberty to extend to the committe the powers in reference resolutions submitted on Monday by Mr. Clar reject it unconditionally, or to send it to the Sento special subjects which it had during the late

ate for advice, amendment, ratification, or rejecsession. I allude particularly to the matter of the Mr. DOUGLAS. I have nothing to do with the tion, according to their judgment of its merits. inquiry into the conduct of the Superintendent of controversy which has arisen between the Senator Whether the Hise treaty was perfect in all its proIndian Affairs in Minnesota.

from Delaware (Mr. Clayton) and my venera visions, or contained obnoxious features, is not The PRESIDENT. The Chair would suggest | ble friend from Michigan, (Mr. Cass,) who is now the question. It furnished conclusive evidence to the Senator to modify his resolution so as to absent in consequence of the severe illness of one that the Government of Nicaragua was willing make it refer to that subject.

nearest and dearest to him. We all know enough and anxious to confer upon the United States the Mr. WELLER. There is another committee | of that Senator to be assured that when he shall exclusive and perpetual privilege of controlling which I should like to have continued with the be in his place, he will be proinpt to respond to the canal between the Atlantic and Pacific oceans, same powers that it had at the late session. I any calls that may be made upon him. Neither instead of a partnership between us and the Euallude to the Committee in relation to the Mexican have I anything to do with the dispute which has

ropean Powers.

The Senator from Delaware Boundary Commission. It has been unable to grown up among Senators in respect to the bound (then Secretary of State) had the opportunity of report; and for the purpose of giving it an oppor- | ary of Central America, and the position of the securing to his own country that inestimable privtunity to report, I should like to have that resolu British settlement at the Balize. I leave that in ilege, either by submitting the Hise treaty to the tion so modified as to include it.

the hands of those who have made themselves par. Senate, with the recommendation that it be so The PRESIDENT. The Senator from Cali ties to the controversy. Nor shall I become a modified as to obviate all the objections which he fornia can move to amend the resolution.

party to the discussion upon the issue between the deemed to exist to some of its provisions, or by Mr. WELLER. After it is disposed of, I can Senator from Delaware and the chairman of the making a new treaty which should embrace the offer one providing for the committee to which I Committee on Foreign Relations, in their report principle of an exclusive and perpetual privilege allude.

on that question. Not having been present when without any of the obnoxious provisions. He Mr. SEBASTIAN. I will modify the resolu- | the committee made their report, and not yet hav did not do either. He suppressed the treaty-retion by inserting in it after “ Committee on Indian ing had the opportunity of reading it, I leave the fused to accept of an exclusive privilege to his own Affairs,” the words “and pertaining to the busi- | chairman of the committee to vindicate his posi- 1 country—and caused a new treaty to be made, ness of the Executive session."

tions, as I doubt not he will prove himself abund which should lay the foundation of a partnership The PRESIDENT. The Chair will suggest to antly able to do. I have, therefore, only to ask between the United States and Great Britain and the Senator that it had better be offered in Execu the attention of the Senate to such points as the the

other European Powers. tive session.

Senator from Delaware has chosen to make against The next reason assigned for withholding the Mr. SEBASTIAN. The object of the resolu a speech delivered by me a few weeks ago in this Hise treaty from the Senate is, that it has not been tion is to continue the duties of the committee in Chamber.

approved by Nicaragua. It is true that Nicaragua reference to the investigation of the charges against

The Senator seems to complain that I should did not ratify that tre codex did she fail to the Superintendent of Indian Affairs in Minne- || have questioned the propriety of withholding from do so? I showed ce sota; and that was brought before us in open ses

the consideration of the Senate what is known as which the Senator w sion.

the Hise treaty, and the substitution of the Clayton proval was in conseq The resolution was then adopted.

and Bulwer treaty in its place. Those two treaties Secretary of State,

presented a distinct issue of great public concern d'affaires to Nicara INDIAN ANNUITIES.

to the country; and it was a difference of opinion influence of the repr Mr. SEBASTIAN submitted the following res between him and me as to which system of policy in that country to olution; which was considered by unanimous con should prevail. I advocated that system which approval of the His sent, and agreed to: would secure to the United States the sole and

agua. Sir, it is not Resolved, that the Secretary of the Interior be directed exclusive privilege of controlling the communica- pressing the treaty, to furnish a statement of the amounts paid as annuities un. tion between the two oceans. He substituted that ratified by the othe der the different treaties with the Choctaw tribe of Indians, other policy which opened the privilege to a part tion was produced specifying the amount and date of each payment, and including the interest on investments under the treaty ofnership between the United States and Great Bri- this Government is 1837; together with a statement in detail of the expendi

tain. 'The Senator has assigned various reasons Mr. CLAYTON tures under the various treaty provisions for education. for withholding the Hise treaty from the consider. I stand the Senator.

NEW SERIES.No. 17.

TON.

32D CONG.....30 Sess.

Special Session— Clayton-Bulwer Treaty.

SENATE.

that Mr. Hise's treaty was rejected in consequence was a contract between the local government and still it is better to have it right than wrong. If the of Mr. Squier's interference. the capitalists. Not a treaty at all.

Senator will only read the last paragraph, he will Mr. DOUGLAS. Yes, sir.

Mr. DOUGLAS. The Senator's explanation see that the charter or grant of the right of way Mr. CLAYTON. And then I understand him is doubtless satisfactory to himself. He may im- | which Mr. Squier was instructed to see was not to say that Mr. Squier did it by instruction. agine that it will suit his present purposes to place incautiously made, was a very different thing, inMr. DOUGLAS. Yes, sir.

upon his instructions the construction for which deed, from the treaty; and he will see that that is Mr. CLAYTON. Now will the Senator sub he now contends; but it is wholly unwarranted by the thing which I directed the minister to look to, mit the proof to substantiate that assertion? I the language he employed. His instructions as I stated, and endeavored to be understood yesknow of no such instruction.

speak of securing the right of way to “us." To terday, and as I was anxious to be understood by Mr. DOUGLAS. I will do that with a great whom did he allude in the word “ us?” Did he the gentleman on this point what I instructed the deal of pleasure. Mr. Hise was sent to the Cen refer to the capitalists, proprietors, and specula

minister to look to was that the contract of these tral American States by Mr. Polk. He negotiated tors, who should become the owners of the char capitalists should not be such as would enable a treaty with the State of Nicaragua—the treaty ter? Was he one of the company, and therefore them to extort from persons using the canal. The in question-on the 21st of June, 1849. Prior to authorized to use the word "us,” when speaking last sentence of the instruction applies, if he will that time he had been recalled, and Mr. Squier had of the rights and privileges to be acquired of a look at it, exclusively to the case of the contract, been appointed by the Administration which suc foreign nation through his agency as Secretary of and not to that of the treaty. ceeded that of President Polk. Mr. Hise had State? I have supposed that Mr. Squier was sent One remark more: How is it possible for the received no knowledge of his removal; no instruc to Central America to represent the United States gentleman to reconcile the fact, that the State Detions from the new Administration at the time when and to protect our rights and interests as a nation. partment could know or imagine that Mr. Hise he made the treaty. In the instructions which the I have always done the Senator from Delaware had made a treaty on the 2d of May, 1850, when Secretary of State gave to Mr. Squier on the 20 the justice to believe that when he gave those in- | those instructions were given, when, in point of of May, 1849, when he was about to proceed to structions to Mr. Squier he was acting on behalf fact, Mr. Hise was not heard from until June Central America to supersede Mr. Hise, you will of his country to secure the right of way for a afterwards? How could I imagine any such thing? find that he was directed to “claim no peculiar || canal to the United States, and not to a few And again: how could I possibly suppose that Mr. privilege; no exclusive right; no monopoly of com

capitalists and speculators under the title of “us." Hise had made a treaty, or was going to make a mercial intercourse" for the United States. I will For the honor of our country I will still do him treaty, when the records of the State Department read from the letter of instructions:

that justice, notwithstanding his disclaimer. His showed me the instructions given to him by Mr. “We should naturally be proud of such an achievement instructions also speak of the right of way to

Buchanan, in which he tells Mr. Hise to make as an American work ; but it' European aid be necessary to “ nations,”and caution Mr. Squier to see " that no no treaty whatever with Nicaragua? If the genaccomplish it, why should we repudiate it, seeing that our exclusive privileges are granted to any nation,”' &c. tleman can reconcile these things, I should be object is as honest as it is openly arowed, TO CLAIM NO PE

It is plain, therefore, that in the instructions rela happy to hear him.
CULIAR PRIVILEGE; NO EXCLUSIVE RIGHT; NO MONOPOLY
OF COMMERCIAL INTERCOURSE, but to see that the work is

tive to the securing the right of way for a canal to Mr. DOUGLAS. I will have less difficulty in dedicated to the benefit of mankind, to be used by all on the the nations of the earth, Mr. Squier was directed reconciling these things with my views of his insame terns with us, and consecrated to the enjoyment and to see that no exclusive privilege was granted to structions than he will with his construction of diffusion of the unnumbered and inestimable blessings which must flow from it to all the civilized world?”

any other nation, and not to claim any peculiar | them. I have already shown that the instructions

advantages for our own. Then follows the con related to the right of way to nations and not to inThen, sir, after having instructed Mr. Squier cluding paragraph which has been read:

dividuals; that they were in favor of equal rights as to the character of the treaty which he was to "If a charter or grant of the right of way shall have been to all nations, and opposed to any peculiar priviform--a treaty which was to open the canal to incautiously or inconsiderately made before your arrival in leges to our own country. Is it not as reasonable the world-a treaty which was to give us no pe the country, seek to have it properly modified to answer the to suppose that the instructions meant what they

ends une have in view." culiar privilege, and secure to us no exclusive

said, as it is to conceive that our minister was diright,-after giving that instruction, the Secretary Modified how? If before the arrival of Mr. rected to procure the modification of contracts in the concluding paragraph says:

Squier in the country, Mr. Hise shall have ac previously entered into with individuals, and for "If a charter or grant of the right of way shall hare been quired a charter or grant which shall secure pecu- the observance of which Nicaragua was supposed INCAUTIOUSLY OR INCONSIDERATELY made before your ar liar privileges or exclusive rights for this country, to have pledged her faith as a nation? Was our Tiral in that country, SEEK TO HAVE IT PROPERLY MODI he was to seek to have it so modified as to open minister sent there to represent individuals in their FIED TO ANSWER THE ENDS WE HAVE IN VIEW."

the same rights and privileges to all other nations schemes of procuring charters and contracts on Mr. CLAYTON. Is that the passage? on equal terms. This is what I understand to be the private account, or to interfere with and prevent Mr. DOUGLAS. That and the other together. I meaning of those instructions, and it is clear that the faithful observance of such contracts as that

Mr. CLAYTON. I endeavored to correct the Mr. Squier understood them in the same way, for Government might previously have made with our misapprehension of the honorable Senator yester- when Mr. Squier arrived in Nicaragua, and dis own citizens or others? While this supposition day in reference to that. That is not an instruc covered by a statement in a newspaper of the might extricate the Senator from his present diffition to the minister to Central America in regard | Isthmus that Mr. Hise was about making a treaty culty on this point, it would not tend to elevate to the treaty made by Mr. Hise, or any other for a canal, without knowing what its terms were, the character of our diplomacy during his admintreaty. It is a direction to the minister to Central without waiting to ascertain its provisions, he sent istration of the State Department. I think I do America to see that any contract which had been at once a notice to the Government of Nicaragua, || the Senator more justice by the construction I have made by the local government should be so made that Mr. Hise was not authorized to treat-that put upon his conduct than he does by his own exas not to be assignable. If the gentleman will he did not understand the policy and views of the planation. read the context, he will see at once that that does new Administration—that he had been recalled, But, sir, I wish to know whether I understand not allude to a treaty. It is merely, I say again, and that any treaty he might make must be con the Senator now? Does he wish now to be unan instruction to the minister in that country to sidered and treated as an unofficial act. He com- | derstood as saying that he preferred an exclusive look to it, that the capitalists who were about to municated this protest to the Secretary of State on privilege to his own country to a partnership with construct the canal should not speculate upon the the same day, and then proceeded to his point of England? work. There is nothing there iouching a treaty; || destination, where he made a treaty for the right Mr. CLAYTON. No, sir. nothing whatever. The gentleman is entirely of way for a canal to all nations on the partner

Mr. DOUGLAS. Ah! then as he did not premistaken. The whole instruction is in reference | ship plan in pursuance of his instructions. These fer the exclusive privilege to a partnership with to the character of the contract or charter.

two treaties--the Hise treaty and the Squier trea the European Powers, does he wish the Senate to Mr. DOUGLAS: I will read the preceding ty—were in the Department of State at the same understand that he did not mean to convey his sentence, and we will see then who is mistaken: time-the one having arrived about the middle true idea in his instructions? If he preferred the

“If they do not agree to GRANT US PASSAGE on reasona of September, and the other about the first of partnership to the exclusive privilege, was it not ble and proper terms, refuse our protection and our couu October. It then became the duty of the Senator his duty to make known that wish in his instructenance to procure the contract from Nicaragua”

from Delaware, as Secretary of State, to decide tions? Why should he complain when I show Mr. CLAYTON. If the gentleman will look between them: in other words, to determine that by his instruction he said precisely what he at the context which goes before, he will see that whether he would accept of an exclusive privi now avows to be his policy upon that subject ? the word “ they” refers to the capitalists. lege to his own country, or enter into partnership | Why, sir, I am defending the consistency of his Mr. DOUGLAS. I will read what goes be

with the monarchies of Europe. He did deter own opinions, according to his present views, by fore:

mine that question, and his decision was in favor || showing that his instructions embraced what he “ See that it is not assignable to others; that no exclusive

of the partnership, and against his own country says now was his true policy-in favor of a partprivileges are granted to ANY NATION that will not agree 10 having ihe exclusive control of the canal.

nership with other nations, instead of an exclusive the same treaty stipulations with Nicaragua ; that the tolls Then, sir, I think I was authorized to say what privilege to our own country. to be demanded by the owners are not unreasonable or oppressive; that no power be reserved to the proprietors of

I did say, that the non-ratification of the Hise But, sir, whatever may have been his meaning ihe canal or their successors to extort at any time bereafter,

treaty by the Government of Nicaragua was

pro

in those instructions, it is undeniable that Mr. or unjustly to obstruct or embarrass the right of passage. cured by the agent of General Taylor's adminis- | Squier understood them as 1 now do, and acted This will require all your vigilance and skill. If they do tration in that country, and that the agent acted upon them accordingly. Hence, as I have already not agree to grant 119 passage on reasonable and proper terms, refuse our protection and our countenance to procure

under the authority of this Government. He cer remarked, before he arrived upon the theater of the contract froin Nicaragua. If a charter or grant of the

tainly acted in obedience to what he understood to his operations, and upon the mere authority of a right of way shall have been incautiously or inconsiderately be his instruction, and that is, the instruction, newspaper paragraph, that Mr. Hise was about made before your arrival in that country, seek to have it that if such a charter had been incautiously granted making such a treaty, he sent ahead a messenger properly modified to answer the ends we have in view."

to seek to have it modified to conform to the ends to inform the Government of Nicaragua that Mr. Mr. CLAYTON. The honorable Senator will had in view, as stated in the instruction.

Hise had no authority to treat upon the subjectobserve that that does not refer to a treaty. The Mr. CLAYTON. Will the Senator allow me that he had been recalled-thai he was not ingrant of the right of way was a different thing. It to interrupt him? It is not a very material point, formed of the views and purposes of the new Ad

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