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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such force shall be immediately withdrawn.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withdrawn whenever in the opinion of that Government the necessity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.
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
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