The next in order of time of these treaties of transit and guaranty is that of the 19th April, 1850, with Great Britain, commonly called the Clayton and Bulwer treaty. This treaty, in affirmance of the policy of the New Granada treaty, established a general principle which has ever since, I believe, guided the proceedings of both Governments. The eighth article of that treaty contains the following stipulations:
The Government of the United States having not only desired in entering into this convention to accomplish a particular object, but also to establish a general principle, they hereby agree to extend their protection by treaty stipulations to any other practicable communications, whether by canal or railway, across the isthmus which connects North and South America, and especially to the interoceanic communications, should the same prove to be practicable, whether by canal or railway, which are now proposed to be established by the way of Tehuantepec or Panama.
And that the said—
Canals or railways shall also be open
on like terms to the citizens and
subjects of every other state which is
willing to grant thereto such
protection as the United States and Great
Britain propose to afford.
The United States, in a short time after the Clayton and Bulwer treaty was concluded, carried this stipulation in regard to the Tehuantepec route into effect by their treaty with Mexico of the 30th December, 1853. The eighth article of this treaty, after granting to us the transit privileges therein mentioned, stipulates that “the Mexican Government having agreed to protect with its whole power the prosecution, preservation, and security of the work, the United States may extend its protection as it shall judge wise, to use it when it may feel sanctioned and warranted by the public or international law.”
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