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PAPERS OF MIRABEAU BuoNAPARTE LAMAR
But, there is yet another consideration which calls for the attention of this Government. These contracts with their citi- zens have a national importance. They affect not ordinary interests merely, but questions of great value, political, commercial and social, and the United States are fully justified, by the considerations already adverted to, in taking care that they are not wantonly violated; and the safe establishment of an interoceanic communication put to hazard, or indefinitely postponed. The course of the Government of Nicaragua with relation to these engagements contains nothing in it reassuring for the future. Contracts only executed with all the forms of law, carrying with them important vested rights have been arbitrarily set aside by Executive Decrees, a mode of proceeding not recognized in the contracts themselves, and without resorting to the action of judicial tribunals. The facts in dispute have been unjustly assumed, and the hand of vio- lence has been laid upon solemn engagements, which ought to have found their security in the good faith of the Government. I am not aware that in any case has the forfeiture of a contract been declared in any other way than by an arbitrary executive decree. This is a state of things to which no nation is bound to submit. It is vain to expect that the means of men and money required from other nations for the execution of these works will be furnished in the face of such manifes- tations of bad faith. Without confidence these great enterprizes must fail, nor is it probable that one of them requiring a heavy outlay would now be undertaken and completed, without some surer guarantee for their protection than would be furnished by the engagements of these Central American States. The danger of violation is too well known and appreciated to justify the expectation of the investment of capital under such unpropitious circumstances. So long as a pecuniary object is supposed to furnish a motive for rescinding existing contracts and forming new ones, with- out any regard to vested rights, no progress will be made in the con- struction of canals or other permanent and expensive works for trans- portation. The United States acting in behalf of their citizens object to this system of confiscation, and they do not doubt, but that they will have the concurrence of all other Powers who have similar interests in these vastly important measures. What the United States demand is that in all cases where their citizens have entered into con- tracts with the proper Nicaraguan Authorities and questions have arisen or shall arise respecting the fidelity of their execution no declaration of forfeiture either past, or to come, shall possess any binding force unless pronounced in conformity with the provisions of the contract, if there are any, or if there is no provision for that purpose, then, unless there has been a fair and impartial investigation in such a manner as to sat- isfy the United States that the proceedings has been just, and that the decision ought to be submitted to. Without some security of this kind this Government will consider itself justified, whenever a proper case arises, in interposing by such means as it may think warranted in behalf of its citizens, who may have been, or who may be injured by such unjust assumption of power. The course of the Government of Nicaragua with re- lation to the Treaty concluded by the Plenipotenciaries of that Republic
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