FRANKLIN PIERCE.

[Footnote 11: Correspondence relative to the imprisonment, etc., of James

H. West in the island of Cuba.]

WASHINGTON, _March 14, 1854_.

_To the Senate of the United States_:

In transmitting to the Senate the report of the Secretary of

State, together with the documents therein referred to, being the

correspondence called for by the resolution of that body of the 9th of

January last, I deem it proper to state briefly the reasons which have

deterred me from sending to the Senate for ratification the proposed

convention between the United States of America and the United Mexican

States, concluded by the respective plenipotentiaries of the two

Governments on the 21st day of March, 1853, on the subject of a transit

way across the Isthmus of Tehuantepec.

Without adverting to the want of authority on the part of the American

minister to conclude any such convention, or to the action of this

Government in relation to the rights of certain of its citizens under

the grant for a like object originally made to Josè Garay, the

objections to it upon its face are numerous, and should, in my judgment,

be regarded as conclusive.

Prominent among these objections is the fact that the convention binds

us to a foreign Government, to guarantee the contract of a private

company with that Government for the construction of the contemplated

transit way, "to protect the persons engaged and property employed in

the construction of the said work from the commencement thereof to

its completion against all confiscation, spoliation, or violence of

whatsoever nature," and to guarantee the entire security of the capital

invested therein during the continuance of the contract. Such is the

substance of the second and third articles.

Hence it will be perceived that the obligations which this Government is

asked to assume are not to terminate in a few years, or even with the

present generation.

And again: "If the regulations which may be prescribed concerning the

traffic on said transit way shall be clearly contrary to the spirit and

intention of this convention," even then this Government is not to be at

liberty to withdraw its "protection and guaranty" without first giving

one year's notice to the Mexican Government.

When the fact is duly considered that the responsibility of this

Government is thus pledged for a long series of years to the interests

of a private company established for purposes of internal improvement,

in a foreign country, and that country peculiarly subject to civil wars

and other public vicissitudes, it will be seen how comprehensive and

embarrassing would be those engagements to the Government of the United

States.

Not less important than this objection is the consideration that the

United States can not agree to the terms of this convention without

disregarding the provisions of the eighth article of the convention

which this Government entered into with Great Britain on April 19, 1850,

which expressly includes any interoceanic communication whatever by the

Isthmus of Tehuantepec. However inconvenient may be the conditions of

that convention, still they exist, and the obligations of good faith

rest alike upon the United States and Great Britain.

Without enlarging upon these and other questionable features of the

proposed convention which will suggest themselves to your minds, I will

only add that after the most careful consideration I have deemed it my

duty not to ask for its ratification by the Senate.

A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce · 第 56 / 383 题