170 Doc. No. 75. 



a careful survey, must be a matter upon which no reflecting man would 

 venture even a conjecture. Besides, whether the rates should be on ton- 

 nage or otherwise, is a matter which cannot now be determined. The 

 commissioners of the company and the government were alike in utter 

 ignorance of what those rates would or ought to be^ and of the basis upon 

 which they should be calculated. Under these circumstances I thought 

 it best to leave the matter entirely open. There was another considera- 

 tion not without its influence. No doubt the company will apply to the 

 government for some assistance in constructing the work, offering in re-, 

 turn special privileges, extending perhaps to the citizens and commerce 

 of the United States. At any rate, such assistance might be extended 

 only on condition that such privileges should be granted. In this case 

 no other nation would have the right to complain that the government 

 and citizens of the United States enjoyed favors not extended to them, 

 for the arrangement would have the nature of a private contract, and 

 would be one in which a quid pro quo was rendered, and concerning 

 only the company and the United States. We would thus, in all our 

 treaties and public acts, stand before the world upon high and impreg- 

 nable ground, interfering in the matter of the canal only for the general 

 good, without exacting any special favors, and willing that all nations 

 shall enjoy equal rights with ourselves, upon incurring equal obligations. 

 And yet, by a proceeding perfectly fair and legitimate, we may purchase 

 exemptions in favor of our commerce that would give our citizens ad- 

 vantages beyond those which might flow from their superior enterprise 

 and industry. 



In arranging a treaty with this republic, I have endeavored to follow 

 the spirit as well as the terms of my instructions, and to put all the special 

 provisions upon such grounds that other powers may not complain of 

 them without placing themselves in a wrong -position. The basis of the 

 treaty is the old treaty with Central America. The special provisions are 

 as follows: 



1. In article 3, a clause is inserted providing that American citizens 

 may purchase and hold lands and other real estate on the same terms 

 with the native citizens, and that no privileges in manufactures, trade, or 

 mining shall be granted to foreigners, which shall not be common to 

 American citizens, &c. This provision was inserted for the reason 

 that, during the English troubles, foreigners were excluded by law 

 from purchasing or holding lands; an exclusion which is still continued. 

 Previously to the passage of this law, foreigners were not allowed to 

 purchase lands except at triple the price at which they were conveyed to 

 native citizens. 



2. In article 13, the last clause is altered, so that citizens of the 

 United States shall have the same privileges in courts of law with the 

 native citizens, and no more. The change is unimportant, and is made to 

 conform to the regulations of the courts. 



3. Article 25th is entirely new, and embraces the provisions respecting 

 the proposed canal. The first section stipulates that no vessel of the 

 United States shall be subjected to any port or other similar charges in the 

 ports of Nicaragua, which ports shall, to citizens of the United States, be 

 practically free ports j that the right of way across the territories of Nicara- 

 gua by any modes of conveyance at present existing, or which may 

 hereafter be constructed, shall be free to the government and citizens of 



