The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-10-19


the fruits or produce of the earth purely natural
uncultivated," &C., in the particular district OF
country on the bay of Honduras previously de-
scribed; but sit is expressly agreed" continues
the article "that the stipulation is neou TO be used
as pretext for establishing in that country any
plantation of sugar, coffee, or any fabric or manu-
facture by means of mills or other machines what
soever," SC. ''since all the lands ia question being
indisputably acknowledged 10 belong Of right 10 The
crotcn Of Spain, settlements Of that kind or the
population Dhieh toOisld tOloto could be allotoed"
Article VII says
San he restrictions specified in the last treaty of
1888 for the entire preservation Of the rights Of ue
Spanish sovereignty oUer the country, in which Is
granted the English only the privilege of making
of the wood of the different kinds the fruits and
other produce in their natural state, confirmed
ART. XI. is as follows:
ss'Thcir Britannia and Catholic naiesties in order
TO remove every kind of doubt with regard to the
true construction of the present convention think
it necessary to declare, that the conditions of the
said convention ought to be observed according to
! their sincere intention to insure and improve the
| harmony and good understanding, which so hap
| PLY subsist between their said malesties."
sin this view, his Britannia majesty engages to
give the most positive orders for the evacuation OF
the countries above mentioned by all his subjects,
of whatever denomination; but if, contrary to such
! declarations there should still remain any persons
SO daring as to presume, by retiring into the nte-
| rior country, TO endeavor to obsruct the entire
evacuation already agreed upon, his Britannia ma
esty, far from affording them the least succor,
or even protection, will disavow them in the most
| solemn manner, as he will equally do those who
may hereafter attempt to settle upon the territory
of the Spanish dominion"
| Finally, have the fourteenth article, in the
| words and figures following, to w.t.
| CART. XIV His Catholic majesty, prompted
| solely by motives of humanity, promises TO the
king of England, that he will not exercise any act
of severity against the Mosquitoes nhabiting in part
| the countries which are to be evacuated by virtue
OF the present convention, on account of the con-
nexion which may have subsistea between the said
Indians and the English; and his Britannia ma esty
| on his part will strictly prohibit all his subjects
from furnishing arms, warike stores, to the In
dams in general, situated upon the frontiers of the
Spanish possessions
So far, then, from successive British ministries,
subsequent to the year l764, having " continued to
support the British settlements and to maintain the
sovereignty of the over the Mosquito terrific
ry, in such manner to silence the pretensions
of Spain to any dominion it, asserted by
Mr.. McGregor we find Spain, in the treaties of
1883 and 1885, proudly and fully maintaining her
rights OF sovereignty over It, and Great Britain not
only acknowledging that sovereignty, but humbly
receiving, as boon graciously bestowed by the
king of Spain, permission for British subjects to
make settlements in particular and limited dis
trlct OF country on the bay of Honduras, for the
purpose OF cutting logwood and other wood, and
gathering the fruits produce of the EARTH squire
ly natural uncutivated," with the express stip-
ulations that the sovereignty of " the Spanish CONT
nent," of the isles dependent upon it, of the Mos
quito shore, specifically mentioned, landmark it
even of the limited district of country apart for
the use of British Subjects in the Spanish king
that British subjects who had settled on the Mos
quito shore, at any other places the Spanish
continent in that part of the world, for the purpose
of cutting logwood should forthwith break up those
settlements and repair to the district apart for
them that after they removed thither, they were
| to continue under the protection of the Spanish
| king; that they might then cut and sell wood and
gather the natural fruits of the country, but
To cultivate coffee or sugar, set up any mill
manufacturing establishment theren-the king of
England binding himself to give the most positive
orders for the evacuation of the Mosquito shore by
all his subjects resident thereon the time, to afford
not the least succor protection to any of his
subjects In the Mosquito country who should pre-
sumo to attempt obstruct its entire evacuation
by British subjects; but the contrary, to dsa-
vow not only those recusants, if any such there
should be, but equally those [subects ,cho MAY
hereafter attempt TO settle upon the territory Of The
Spanish dominion"
1t is alike curious and interesting, too, to note
particularly what were the pretensions set up by
England in the negotiations which resulted in the
treaties OF 1888 and 1885, What, in fact, were they.
That the Mosquito shore belonged to the Mosquito
| king? Not at all. All these lands, according to
the aforementioned treaty, were ''tndisputabIy
kmo,oiedged to belong origh TO the o,cn Of Spain. "
Was 1t among these pretensions that the king of
England was under obligations protect the king
of the Mosquito shore in the exercise of his terrific
| rial rights? Not at all Mark the proud tone of
the Spanish monarch, displayed in the fourteenth
Dlanity soieiy-carefully guarding against the pos
sibity of suspicion OF his being actuated by any
other motive-from motives of humanity, solely
the king OF Spain graciously promised TO his royal
brother of England that he would not exercise any
act of severity towards the Mosquitoes account
Of their previous connexions with British subjects
| who had settled among them, which British sub
lects by the stipulatons Of the treaty. forth
| with to evacuate the Mosquito shore, and never,
under any pretence whatever, to attempt to settle
| there again. This evacuation accordingly took
| place.
| "Sadly and reluctantly" SAYS the author of the
article in the Dublin Unirersiiy Magazins before
referred TO, the English left the homes of their ia
thers and with discomfort, and in disgust, retired
| from their properties and plantations The fatal
| fiat had gone forth; and obedience TO the laws OF
their government is the innate principle of all
hearted English. few, however, preferred rather
trusting to the mercy of the Spaniards than to
| dcrgo uncallcd-for Punishment, and established
| themselves at Bluehelds-so named after am old
| buccanecr-where they and their descendants re-
sided among their Indian allies unmolested by the
Spanards."
The sovereignty Of the Mosquito country, thus
| lndisputably acknowledged by England in 1855, &c
| have been in the king of SPAIN continued in him
pninteTuptediy and indisputdbiy until his Spanish
American provinces, within whose limits it was sit
usted, achieved their independence by force Of arms
| when II INJURED to them precisely the sovereignty
| in the lands occupied by the Indians within the
boundaries Of the United States when they achieved
their independence of the King of England, passed
from hln 10 theHl. by every principle oil lnterna-
tonal law, the sovereignty of that part Of the Mos
quito shore which lies within the limits Of the nov
independent and sovereign State of Nicaragua be
longs Of right TO her. By the word limits we NEAR
the limits Of the old Spanish province of Nicaragua
well as the now Independent State of Nicaragua
the boundaries Of the latter being precisely tn,
same the former.
The assertion Of Mr. McGregor and other Brit
ish writer's at this late day, of the independence
the Mosquito country, on the grounds, they al
lege, that II has never been subjugated and occu
pied by Spain, or by any of the Spanish American
States, within whose boundaries it lies, is both pue
rilc and untrue. AZ part Of the Spanish Cont
ncnt, it was discovered and conquered by Spain
Conquest, TO confer valid title 10 possession, doc
! not necessarily imply occupation By settlements o
every nook and corner Of country; more especial,
when il is occupied by Indians. In the discoveries
cOnquests, and settlements made by Spain, Eng
land France and Holland, the American con
tncnt, there was one thing in which they all agreed
that of almost entirely dsregarding the rights 0
the native inhabitants.
, cit became maxim Of policy and of law tina
the right of the native Indians subordinate Z,
that of the first Christian dscovercr, whose para
mount claim excluded that Of every other civilize,
| glo0tl g