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military; and when in the opinion of the Government of Nicaragua the necessity ceases such force shall be immediately withdrawn.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 No force can be employed unless upon the request of the Government of Nicaragua, and it must be immediately withdrawn whenever in the opinion of that Government the necessity ceases.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.
The general policy contained in these articles, although inaugurated by the United States, has been fully adopted by the Governments of Great Britain and France. The plenipotentiaries of both these Governments have recently negotiated treaties with Nicaragua, which are but transcripts of the treaty between the United States and Nicaragua now before the Senate. The treaty with France has been ratified, it is understood, by both the French and Nicaraguan Governments, and is now in operation. That with Great Britain has been delayed by other negotiations in Nicaragua, but it is believed that these are now concluded and that the ratifications of the British treaty will soon, therefore, be exchanged.
It is presumed that no objection will be made to “the exceptional case” of the sixteenth article, which is only intended to provide for the landing of sailors or marines from our vessels which may happen to be within reach of the point of difficulty, in order to protect the lives and property of citizens of the United States from unforeseen and imminent danger.
The same considerations may be suggested with respect to the fifth article of the treaty with Mexico, which is also pending before the Senate. This article is an exact copy of the sixteenth article, just referred to, of the treaty with Nicaragua.