The Papers of Mirabeau Buonaparte Lamar, Volume IV, part 2

165

PAPERS OF MIRABEAU BUONAPARTE LAMAR

can citizens residing here, that the great majority of the inhabitants of Leon are in favor of the Treaty, as well as the people generally in this section. They state confidently that nearly the whole of the democratic party throughout the country are in favor of its ratifica- tion; and one of the most prominent lawyers of this place, gives it as his opinion that declares the Treaty valid without the signature of Martinas; for the President had no authority, after having examined the document and submitted it to the Constituent Assembly for its approval, to veto the action of that body upon it, and then to reas- semble the members after their adjournmt in order to make them annul their own proceedings. In consonance with this opinion I have heard the desire expressed repeatedly that the United States would consider the Treaty .as duly and constitutionally ratified, and act upon it accordingly. These are the sentiments of the few Democrats that I have as yet come in contact with. The Legitmatists are deadly hostile. - It never was the intention of [sic] that the Treaty should be rati- fied. He submitted it to the Assembly because he feared not to do it; and when did so it was with perfect confidence that it would be rejected by that body, and that he himself would thereby be exhor- orated from the responsibility of its defeat. - No. 2656 1858 July, M. B. LAMAR, LEON, NICARAGUA TO L. CASS, WASHINGTON; D. C. 2 No - 19. Sir/ 1858. In one of my early Despatches I enquired as to what rule I am to be governed by in making a reclamation for the loss of life. The reply of your Department is in the following words - to wit - "As for injuries to person, or loss of life, no measure ·of re- dress can be arbitrarily determined." - Legation of the United States. Leon July If it cannot be arbitrarily determined, it must be determined by some fixed rule or principle. Now that rule or principle is what I wish to ascertain. If in reality there is none, then I have to determine the measure of redress arbitrarily. I shall take it for granted that it is the intention of the Department to leave it entirely with myself to fix the amount of indemnity according to my own judgement and descretion; and under this construction I shall proceed without further delay to bring before this government such claims as are already prepared for presentation; and to do the same with the balance of the cases as soon as the necessary evidence can be collected. I forwarded my Credentials to the Costa Rican Government by the Belgian Minister; and expect to receive my recognition by the next

2 A. Df. S.

Powered by