such opinion) though it would greatly inflate the hopes and expectations of the Nicaraguans, and lead them to refuse accepting any reasonable mode of terminating their differences with respect to their territorial disputes by compromise, would not in reality advance them one jot nearer their object of obtaining any territory their right to which is now disputed.

For all these reasons it appears that the simple affirmation on the part of the Government of The United States, that it would do all in its power to settle in a friendly manner any differences Nicaragua may have with other States or people respecting its territory or boundaries, would not be exposed to the same objections; and would, nevertheless, be just as serviceable to the Nicaraguans as the clause as it now stands.

Another question to consider in relation to the Nicaraguan Treaty, arises from Article XXXV, section 4, which decrees that the citizens of no other State shall enjoy the same privileges as the citizens of The United States, unless they made with Nicaragua Treaties similar to that made by The United States.

Now, if The United States made a Treaty with Nicaragua that Great Britain can fairly be asked to become a party to, there may be no objection to this provision; but if it suits The United States to make a Treaty with Nicaragua, containing political opinions which it is impossible for Great Britain, consistently with her honour, to concur in, and that under these circumstances the subjects of Great Britain are not to enjoy the same privileges as the citizens of The United States over that portion of the canal which lies within the control of Nicaragua, it is perfectly clear that the spirit and intention of the Treaty of the 19th April are entirely defeated.

The Mosquitos may then put forward the same pretensions with respect to the recognition of their authority over the portion of the canal which they claim as theirs by the States enjoying the benefits of the same, as the Nicaraguans put forward with respect to the recognition of their authority over the whole canal. The very question will be brought into agitation which it has been intended to set at rest, and neither Great Britain nor The United States

*Sect. 4. "None of the rights, privileges, and immunities guaranteed to The United States and its citizens, shall accrue to any other nation and its citizens, except such nation shall first enter into the same Treaty stipulations for, &c., which have been entered into by The United States, in terms the same with those employed in Sect. 2 of this Article."

Sect. 1. "And it is further stipulated, that the right of way or transit across the territories of Nicaragua by any route or upon any mode of communication at present existing or which hereafter may be constructed, shall at all times be open and free to the Government and citizens of The United States for all purposes whatever, and no tolls, duties, or charges of any kind shall be imposed upon the transit in whole or part by such modes of communication," &c.

could agree to guarantee and protect the whole of the canal, over the whole of which neither would be able to claim the full benefits.

The meaning of the Treaty of the 19th April is evident, viz., that Great Britain and The United States, without going into any of the questions of disputed territory or other political matters, agree to guarantee protection to a canal across the Central American States, each affording the same protection to the same, if the advantages of transit thereupon are offered to their subjects or citizens upon the same terms, or, in other words, upon the payment of the said tolls.

Mr. Clayton, seeing the incompatibility of the passage in the Treaty with Nicaragua, to which I have been referring, with the Treaty of the 19th April, since negotiated, suggested to substitute for the paragraph to which allusion has just been made, something like the following: "And it also agreed that all the rights, privileges, and immunities, with respect to the passage of ships, merchandize, and passengers on the said canal granted by the 1st section of the preceding Article to The United States and their citizens, shall be granted to Great Britain and her subjects, or to the subjects and citizens of any other nation which shall enter into such Treaty stipulations for the defence and protection of the proposed Interoceanic Canal, as have been entered into between The United States and Great Britain."

This alteration may be worthy of consideration; and here concludes all notice that seems necessary of the special Treaty of Mr. Squier; it may, however, be added, that it seems in some degree questionable, whether it be advisable for the great Powers to make any Treaties at all with these small States in reference to railways or canals constructed through their country, and whether it would not be simpler and better to allow the companies constructing such canals or railways to make their own arrangements with the States through whose country the canals or railways may pass; and that then the great Powers willing to guarantee such enterprises, and who approve of the terms on which they are undertaken, and made open to their commerce, should guarantee the safety of the said canals or railways, and protect the said companies in the rights which they may have acquired from the States making the concession of such rights to them.

But, at all events, it is desirable, if the guaranteeing Powers make Treaties themselves with the States by which the concessions in question are made, that they should do so in such language and upon such conditions as all other Governments can be fairly called upon to adopt, so that the great routes of communication which it is the general object to establish, should be guarded by the common sentiment and interest, and rescued from the insecurity and instability which would inevitably attend them, if the arrangements made

for their construction or protection bore evidence of the political bias and intention of any particular Government, and thus became intermingled with the jealousies and ambitions of rival nations.

(Inclosure 3.)-General Treaty of Amity, Navigation and Commerce, between the United States of North America and the Republic of Nicaragua.-September 3, 1849.*

THE United States of North America and the Republic of Nicaragua, desiring to make lasting and firm the friendship and good understanding which happily exist between both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall in future be religiously observed between each other, by means of a Treaty, or General Convention of Peace and Friendship, Commerce and Navigation.

For this desirable object, the President of the United States of America has conferred full powers on E. G. Squier, a citizen of the said States and their Chargé d'Affaires to Guatemala and Central America; and the President of the Republic of Nicaragua has conferred similar and equal powers upon Licenciado Señor Don Hermenegildo Zepeda; who, having exchanged their said full powers in due form, have agreed to the following Articles:

ART. I. There shall be a perfect, firm, and inviolable peace and sincere friendship between the United States of America and the Republic of Nicaragua, in all the extent of their possessions and territories, and between their citizens, respectively, without distinction of persons or places.

II. The United States of America and the Republic of Nicaragua, desiring to live in peace and harmony with all the nations of the earth, by means of a policy frank and equally friendly with all, engage mutually not to grant any particular favour to other nations, in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional.

III. The 2 High Contracting Parties, being likewise desirous of placing the commerce and navigation of their respective countries on the liberal basis of perfect equality and reciprocity, mutually agree that the citizens of each may frequent all the coasts and countries of the other, and reside therein, and shall have the power to purchase and hold lands and all kinds of real estate, and to engage in all kinds of trade, manufactures, and mining, upon the same terms with the native citizen; and shall enjoy all the privileges Signed in the English and Spanish languages.

and concessions in these matters which are or may be made to the citizens of any country; and shall enjoy all the rights, privileges, and exemptions, in navigation, commerce, and manufactures, which native citizens do or shall enjoy, submitting themselves to the laws, decrees, and usages there established, to which native citizens are subjected. But it is understood that this Article does not include the coasting trade of either country, the regulation of which is reserved by the parties, respectively, according to their own separate laws.

IV. They likewise agree, that whatever kind of produce, manufacture, or merchandize of any foreign country can be, from time to time, lawfully imported into The United States in their own vessels, may also be imported in vessels of the Republic of Nicaragua; and that no higher or other duties upon the tonnage of the vessel and her cargo shall be levied and collected, whether the importation be made in the vessels of the one country or of the other: and in like manner, that whatever kind of produce, manufactures, or merchandize of any foreign country can be from time to time lawfully imported into the Republic of Nicaragua in its own vessels, may be also imported in vessels of The United States; and that no higher or other duties upon the tonnage of the vessel and her cargo shall be levied or collected, whether the importation be made in vessels of the one or of the other.

And they further agree, that whatever may be lawfully exported or re-exported from the one country in its own vessels to any foreign country, may in like manner be exported or re-exported in the vessels of the other country; and the same bounties, duties, and drawbacks shall be allowed and collected, whether such exportation or re-exportation be made in vessels of The United States or of the Republic of Nicaragua.

V. No higher or other duties shall be imposed on the importation into The United States of any articles the produce or manufactures of the Republic of Nicaragua, and no higher or other duties shall be imposed on the importation into the Republic of Nicaragua of any articles the produce or manufactures of The United States, than are or shall be payable on the like articles being the produce or manufactures of any other foreign country; nor shall any higher or other duties or charges be imposed, in either of the 2 countries, on the exportation of any articles to The United States, or to the Republic of Nicaragua, respectively, than such as are payable on the exportation of the like articles to any other foreign country; nor shall any prohibition be imposed on the exportations or importation of any articles the produce or manufactures of The United States, or of the Republic of Nicaragua, to or from

the territories of The United States, or to or from the territories of the Republic of Nicaragua, which shall not equally extend to all other nations.

VI. In order to prevent the possibility of any misunderstanding, it is hereby declared that the stipulations contained in the 3 preceding Articles are, to their full extent, applicable to the vessels of The United States and their cargoes arriving in the ports of Nicaragua, and reciprocally to the vessels of the said Republic of Nicaragua and their cargoes arriving in the ports of The United States, whether they proceed from the ports of the country to which they respectively belong or from the ports of any other foreign country; and, in either case, no discriminating duty shall be imposed or collected in the ports of either country on said vessels or their cargoes, whether the same shall be of native or foreign produce or manufacture.

VII. It is likewise agreed, that it shall be wholly free for all merchants, commanders of ships, and other citizens of both countries, to manage, by themselves or agents, their own business in all the ports and places subject to the jurisdiction of each other, as well with respect to the consignments and sale of their goods and merchandize, by wholesale or retail, as with respect to the loading, unloading, and sending off their ships; their being, in all these cases, to be treated as citizens of the country in which they reside, or at least to be placed on an equality with the subjects or citizens of the most favoured nation.

VIII. The citizens of neither of the Contracting Parties shall be liable to any embargo, nor be detained with their vessels, cargoes, merchandize, or effects, for any military expedition, nor for any public or private purpose whatever, without allowing to those interested an equitable and sufficient indemnification.

IX. Whenever the citizens of either of the Contracting Parties shall be forced to seek refuge or asylum in the rivers, bays, ports, or dominions of the other with their vessels, whether merchant or war, public or private, through stress of weather, pursuit of pirates or enemies, or want of provisions or water, they shall be received and treated with humanity, giving to them all favour and protection for repairing their ships, procuring provisions, and placing themselves in a situation to continue their voyages, without obstacle or hindrance of any kind.

X. All ships, merchandize, and effects belonging to the citizens of one of the Contracting Parties, which may be captured by pirates, whether within the limits of its jurisdiction or on the high seas, and may be carried or found in the rivers, roads, bays, ports, or dominions of the other, shall be delivered up to the owners, they proving,