MEMORIAL ON THE PANAMA RAILROAD.

13

plies in less than thirty days, instead of six months, as required to send them around Cape Horn or across the Rocky mountains. They ask no advance of money towards the construction of the road, and no compensation until services are performed; but they respectfully pray your honorable body to empower and direct the Secretary of the Navy to enter into a contract with your memoralists for the transportation on said road, for a period of twenty years, of naval and army supplies, including troops, munitions of war, provisions, naval stores, the mails of the United States, and its public agents, at a sum not exceeding the amount now specified by law to be paid for the transportation of the mails alone from New York to Liverpool; provided, that your memorialists shall within one year commence, and within three years complete, the construction of a railroad across the isthmus of Panama, connecting the waters of the Atlantic and Pacific oceans. -Senate Miscellaneous Documents, 30 Cong., 2 Sess., No. 1, pp. 3-4.

11-1849-Squier's Draft Treaty with Nicaragua.

Article XXXV. It is stipulated by and between the high contracting parties—

Ist. *** That the right of way or transit across the territories of Nicaragua, by any route or upon any mode of communication at present existing, or which may hereafter be constructed, shall at all times be open and free to the government and citizens of the United States, for all lawful purposes whatever; and no tolls, duties, or charges of any kind shall be imposed upon the transit, in whole or part, by such modes of communication, of vessels of war, or other property belonging to the government of the United States, or on public mails sent under the authority of the same, or upon persons in its employ, nor upon citizens of the United States, nor upon vessels belonging to them. ***

2d. And inasmuch as a contract was entered into on the twenty-seventh day of August, 1849, between the republic of Nicaragua and a company of citizens of the United States, styled the 'American Atlantic and Pacific Ship Canal Company,' and in order to secure the construction and permanence of the great work thereby contemplated, both high con

should succeed, Eastern Asia, at present insulated and secure from attack, will inevitably enter into more intimate connections with the nations of European race which inhabit the shores of the Atlantic. It may be said, that that neck of land against which the equinoxial current breaks, has been for ages the bulwark of the independence of China and Japan. In penetrating farther into futurity, imagination dwells upon the conflict between powerful nations, eager to obtain exclusive advantages from the way opened to the commerce of the two worlds. I confess I am not secured from that apprehension either by my confidence in the moderation of monarchical or of republican governments, or by the hope, somewhat shaken, of the progress of knowledge, and the just appreciation of human interests. If I abstain from discussing political events that are so distant, it is to avoid flattering my reader with ideas of the free enjoyment of what yet exists only in the wishes of some men interested in the public good.-Alexander von Humboldt, Personal Narrative of Travels, Vol. VI., part i, pp. 241, 245-248, 288298.

6-1827, Feb. 21-Goethe's Prophecy.

He spoke much, and with admiration, of Alexander von Humboldt, whose work on Cuba and Columbia he had begun to read, and whose views as to the project for making a passage through the Isthmus of Panama appeared to have a particular interest for him. "Humboldt", said Goethe, “has, with great knowledge of his subject, given other points where, by making use of some streams which flow into the Gulf of Mexico, the end may perhaps be better attained than at Panama. All this is reserved for the future, and for an enterprising spirit. So much, however, is certain, that, if they succeed in cutting such a canal that ships of any burden and size can be navigated through it from the Mexican Gulf to the Pacific Ocean, innumerable benefits would result to the whole human race, civilized and uncivilized. But I should wonder if the United States were to let an opportunity escape of getting such work into their own hands. It may be foreseen that this young state, with its decided predilection to the West, will, in thirty or forty years, have occupied and peopled the large tract of land beyond the Rocky Mountains. It may, furthermore, be foreseen that along the whole

GOETHE'S PROPHECY.

coast of the Pacific Ocean, where nature has already formed the most capacious and secure harbours, important commercial towns will gradually arise, for the furtherance of a great intercourse between China and the East Indies and the United States. In such a case, it would not only be desirable, but almost necessary, that a more rapid communication should be maintained between the eastern and western shores of North America, both by merchant-ships and men-of-war, than has hitherto been possible with the tedious, disagreeable, and expensive voyage round Cape Horn. I therefore repeat, that it is absolutely indispensable for the United States to effect a passage from the Mexican Gulf to the Pacific Ocean; and I am certain that they will do it.

"Would that I might live to see it!-but I shall not. I should like to see another thing—a junction of the Danube and the Rhine. But this undertaking is so gigantic that I have doubts of its completion, particularly when I consider our German resources. And thirdly, and lastly, I should. wish to see England in possession of a canal through the Isthmus of Suez. Would I could live to see these three great works! it would well be worth the trouble to last some fifty years more for the very purpose.-Conversations of Goethe with Eckermann and Soret (translated by John Oxenford), pp. 222-223.

7—1831, July 20.-Secretary Livingston's Inquiry on a Dutch Concession.

It is understood that a Dutch company are in negotiation for the privilege of constructing a ship canal from the Atlantic to the Pacific oceans, through the river St. John and the lakes Nicaragua and Leon, in the Province or State of Nicaragua. From the letter of Mr. Savage it would appear that this privilege had been already granted, and that the conditions are such as we should have no great reason to complain of. But as his information, both as to the conclusion of the act and the conditions on which it is made, may be erroneous, it is a matter of great solicitude with this Government to be assured that, in this important concern, its interests and its rights have not been neglected. You will, therefore, make it one of your earliest concerns to ascertain whether any such privilage has been granted; and,

should you find it to be the case, to procure an authentic copy of the act, and send duplicates by the first conveyances to this Department. Should you find, on inspecting the act, that particular privileges or facilities are given in the amount of toll, tonnage, or other duties or charges, to the vessels or merchandise of any foreign Power, greater than those which the vessels or merchandise of the United States would enjoy, by the terms of the act, in passing through the canal, or in the ports at its termination, you will immediately signify to the Government that the United States consider themselves, by the terms of the treaty, as entitled to the same advantages.

Should the grant not be completed, you will endeavor to procure for the citizens of the United States, or for the Government itself, if Congress should deem the measure constitutional and proper, the right of subscribing to the stock; and you will, in either case, procure and transmit such plans, estimates, and other information relative to the projected work, as may enable us to judge of its feasibility and importance.-House Executive Documents, 25 Cong., 2 Sess., No. 228, pp. 25-26.

8-1837, Jan. 9-President Jackson's Message

to Congress.

Immediately after the passage by the Senate, at a former session, of the resolution requesting the President to consider the expediency of opening negotiations with the governments of other nations, and particularly with the Governments of Central America and New Granada, for the purpose of effectually protecting, by equitable treaty stipulations with them, such individuals or companies as might undertake to open a communication between the Atlantic and Pacific oceans by the construction of a ship canal across the isthmus which connects North and South America, and of securing forever by such stipulations the free and equal right of navigating such canal to all such nations on the payment of such reasonable tolls as ought to be established to compensate the capitalists who might engage in such undertaking and complete the work, an agent was employed to obtain information in respect to the situation and character of the country through which the line of communication, if

JACKSON'S MESSAGE TO CONGRESS.

II

established, would necessarily pass, and the state of the projects which were understood to be contemplated for opening such communication by a canal or a railroad. The agent returned to the United States in September last, and although the information collected by him is not as full as could have been desired, yet it is sufficient to show that the probability of an early execution of any of the projects which have been set on foot for the construction of the communication alluded to is not so great as to render it expedient to open a negotiation at present with any foreign government upon the subject.-J. D. Richardson, Messages and Papers of the Presidents, Vol. III, pp. 272-273.

9—1846, Dec. 12-Treaty With New Granada.

Article XXXV. *** The Government of New Granada guarantees to the Government of the United States that the right of way or transit across the Isthmus of Panama upon any modes of communication that now exist, or that may be hereafter constructed, shall be open and free to the Government and citizens of the United States, and for the transportation of any articles of produce, manufactures or merchandise, of lawful commerce, belonging to the citizens of the United States; that no other tolls or charges shall be levied or collected upon the citizens of the United States, or their said merchandise thus passing over any road or canal that may be made by the Government of New Granada, or by the authority of the same, than is, under like circumstances, levied upon and collected from the Granadian citizens; that any lawful produce, manufactures or merchandise, belonging to citizens of the United States, thus passing from one sea to the other, in either direction, for the purpose of exportation to any other foreign country, shall not be liable to any import-duties whatever; or, having paid such duties, they shall be entitled to drawback upon their exportation; nor shall the citizens of the United States be liable to any duties, tolls or charges of any kind, to which native citizens are not subjected for thus passing the said Isthmus. And, in order to secure to themselves the tranquil and constant enjoyment of these advantages, and as an especial compensation for the said advantages, * * * the United States guarantee, positively and efficaciously, to New