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into by the United States, in terms the same with those embraced in Section Second of this Article.

It will be seen by a comparison, that the spirit, intent, and conception even of both Treaties are similar. Why, therefore, a new compact? Great Britain, by subscribing to Section Fourth, shared all the advantages to be enjoyed by the United States. There was a non-desire at this early date to forego her colonies, and her cherished hopes of "an hereafter" in our midst, as I shall prove as we proceed.

Subsequent to the consummation of the last-named Treaties, the Canal Company experiencing difficulties in properly arranging the details of their proposed work, procured a separation of the privilege of exclusive steam-navigation in the interior waters (which amounted to Lake Nicaragua solely), from the remainder of the original Charter, and secured and established the monopoly of Transit across from Greytown to San Juan del Sur. This is known as the "Nicaragua Transit."

War having occurred in the interior, and there being two distinct Governments, one at Leon, sustained by the Bishop and General Muñoz, and the other at Granada, supported by Gen. Chamorro, the question, if at all admissible, was not at least debatable, "which of the two to choose ?" as both claimed precedence and authority. Joseph L. White, Esq. Agent for the Canal Company, in a mode entirely sui generis,

succeeded in negotiating the desired separation. The Leonese Government, however, entered its protest as follows:

"The Provisonal Supreme Government will see with satisfaction the interests of the aforesaid Company arrayed in harmony with those of this State when it shall have recovered its internal peace, and when its Government is qualified to enter upon affairs of this kind; but any negotiations concluded in the meantime are not authorized by it, nor will they be recognized as legal and subsisting."

The President of the State, (Pineda) having been shortly after this, gagged and blindfolded in Leon, by some of his ardent admirers (in the very house too, subsequently occupied by our Minister, Mr. Kerr of Maryland), and placed on a mule and trotted off to Chinandega, was subsequently permitted to leave for Granada, via Realejo and San Juan del Sur.

The Transit went into active operation, and the frequent charges from, and discharges of imported Champagne, never suffered either of the Governments to be sufficiently qualified to enter into the equality or inequality of the Contract or Charter, as subsequently amended. One fact, however, is apparent. The Canal is not in existence, and the Transit has been successful.

CHAPTER XXVII.

RIVAS REVOKES THE TRANSIT COMPANY'S CHARTER-WHAT NICARAGUA CLAIMS IN THE MATTER-THE REPLY THERETO-WHAT THE UNITED STATES AND NICARAGUA AGREED TO DO-WHAT RIVAS DID AND THE REMEDIES THEREFOR THE CASS AND YRISARRI TREATY-WHAT PRESIDENT BUCHANAN SAYS -WANTS AN ARMED FORCE TO PROTECT THE TRANSIT-WHAT THE POSTMASTER-GENERAL SAYS-IMPORTANCE TO FOREIGN RESIDENTS OF KEEPING THE ROUTE OPEN-MONSIEUR BELLY NEGOTIATES FOR A ROUTE-REMARKS OF THE FRENCH PRESS THEREON-CHRISTOPHER COLUMBUS, BARON HUMBOLDT, AND LOUIS NAPOLEON ON INTER-OCEANIC COMMUNICATIONS-OVERLAND ROUTE -GEN. CASS ON THE INTERVENTION OF FOREIGN POWERS-THE POLICY OF THE AMERICAN CONTINENT.

IN August, 1852, the Accessory Transit Company made its first inter-oceanic trip over the Nicaraguan route, and continued in successful operation until February 18th, 1856; then it was suddenly closed, and the Grant and Charter of the Company were arbitrarily revoked by the Government of Rivas. It will be remembered that at this period General (289)

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Walker was Chief of the forces of the State. Prior to this, in 1854, serious disputes had arisen between Nicaragua and the Company concerning the settlement of accounts, and even at that date the interruption of the Transit was threatened. The United States, desirous of harmonizing all the existing difficulties, interposed in vain.

From the date of the discontinuance of the Transit, the route has been closed, greatly to the prejudice of the United States. Nicaragua contends that the Charter is void, inasmuch as the Company did not complete the necessary surveys in the time specified in the Grant. This is one of the chief allegations. In reply, by referring to Section 3d of said Charter, we find: "The Grant is for the period of eightyfive years from the completion of the work; the preliminary surveys to be commenced within twelve months." Surveys were duly made by the Company. The time for the completion of the work, according to the section already referred to, was "within twelve years, unless unforeseen events, such as earthquakes or wars, shall intervene to prevent it." Hence, upon this allegation, Nicaragua fails to sustain her action.

In the Treaty of Commerce and Friendship, negotiated on the 23d of September, 1849, we shall perceive that Nicaragua and the United States "do severally and jointly agree to protect and defend the Company in the full and perfect enjoyment of said work from its inception to its completion, from

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any acts of invasion, forfeiture, or violence, from whatever quarter the same may proceed."

If the Rivas Government was an unlawful one, since the Company's Charter was forfeited by it, and the route summarily closed, why has not the subsequent Government reinstated the Company? If damages have been sustained by the latter, by reference to the eighth section of the original Charter, we find: "All disputes to be settled by referees or commissioners, to be appointed in a specified manner." Until Nicaragua shall have adhered to her stipulations, the Company have complaints to urge and justice to demand; and should that State refuse to acknowledge the validity of its claims, the United States, being a party to the Treaty of Commerce and Friendship, should receive the petition of the claimants.

On the 16th day of November, 1857, a treaty was signed by Secretary Cass and Señor Yrisarri, Minister of Nicaragua, under the stipulations of which the use and protection of the Transit Route would have been secured, not only to the United States, but equally to all other nations. But by reference to all the Treaties and Charters herewith connected, the neutrality of the route was stipulated for on terms of equality to all other countries. This latter treaty contained a provision authorizing the United States to employ force to keep the route open, in case Nicaragua should fail to perform her duty in this respect. This was the principal objection, and