A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
Buchanan, James, 1791-1868; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
This is a sweeping grant of power to the United States, which no nation
ought to have conceded, but which, it is believed, has been confined
within safe limits by our treaty with Mexico now before the Senate.
Such was believed to be the established policy of the Government at
the commencement of this Administration, viz, the grant of transits in
our favor and the guaranty of our protection as an equivalent. This
guaranty can never be dangerous under our form of government, because
it can never be carried into execution without the express authority
of Congress. Still, standing on the face of treaties, as it does, it
deters all evil-disposed parties from interfering with these routes.
Under such circumstances the attention of the Executive was early turned
to the Nicaragua route as in many respects the most important and
valuable to the citizens of our country. In concluding a treaty to
secure our rights of transit over this route I experienced many
difficulties, which I need not now enumerate, because they are detailed
in different messages to Congress. Finally a treaty was negotiated
exactly in accordance with the established policy of the Government and
the views of the Executive, and clear from the embarrassments which
might arise under the phraseology of previous treaties. The fourteenth
article of the treaty contains a full, clear, and specific grant of
the right of transit to the United States and their citizens, and is
believed to be perfectly unexceptionable. The fifteenth article, instead
of leaving one equivalent duty of protection, general and unlimited, as
in our treaty with New Granada and in the Clayton and Bulwer treaty, or
instead of that general right assured to the Government in the Mexican
treaty of extending its protection as it shall itself judge wise, when
it may feel sanctioned and warranted by the public or international law,
confines the interference conceded within just and specific limits.
Under the sixteenth article of this treaty the Government of the United
States has no right to interpose for the protection of the Nicaragua
route except with the consent or at the request of the Government
of Nicaragua, or of the minister thereof at Washington, or of the
competent, legally appointed local authorities, civil or military; and
when in the opinion of the Government of Nicaragua the necessity ceases
such force shall be immediately withdrawn. Nothing can be more carefully
guarded than this provision. No force can be employed unless upon the
request of the Government of Nicaragua, and it must be immediately
withdrawn whenever in the opinion of that Government the necessity
ceases.
When Congress shall come to adopt the measures necessary to carry this
provision of the treaty into effect they can guard it from any abuses
which may possibly arise.
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