Weekly national intelligencer., 1850-10-19

deemed
give compensation for the grant Of the right of way
guaranty Of the independence Of the country through hc
the canal railroad might pass Such guaranty is entire
Iy nsdmissbe in the proposed treaty. greatly mistake
they would suney allow any Of the three conemplat
ed passages the Pacific TO be directly indirectly ethe
held obstructed by any maritime Power There ca
be as little doubt that they will deem the people Of the Spa
nish American States the rghu inheos Of al eritor
within their respective limits which Spain had jus. title
The British claim the port Of San Juan, and n effect
the whole Mosquito coast founded upon the assumption
that the savage Indians who nhab that coast who perhaps
never amounted in numbers to ten thousand and
than five thousand including zamboes and muaoss were
subdued by Spain Central Amerca, or BY Ncsrs
qua that in fact they constitute monarchy, entitled to the
privileges because capable Of dschgng the duties, Of
| rsgn State. "a
The more statement of soeh preenson is sufficient
stae an impartial inquirer The importance Of the subject
however, the apparent earnesness Of the British Govern
meDt in regard it, require examination Of the title 70
that region thorough as the materials within reach Of this
Department wil allow compaby with the limits proper for
this communications.
Il cannot be- dspuied that Spain was the 6rst European ne
tion which discovered occupied any pert Of the country
called Central America As long ago as the 18th sep.em-
ber l543 Charles v. appointed Governor aud Captain
General reside at Guatemala, with the powers
the provinces Mexico and what is called New
Grenada as were exercised in New Spain by the Vceroy Of
That country
The Spansrds having first resorsd America chiefly
M mining purposes occupied those parts Of the country
which they discovered and subsequeD, held by that e
where the mines were principally situsted-
Agriculture and alb other kinds Of industry dependant
upon subordinate to mining Those OF the aboUsnes
hersfoe who nhsbedthc quarters which remote
the mining dsfc or which, like the Mosquito shore, de-
teod Europeans by unhealthy cmaa 10 instances
may not have been subjpgated by Spain.
Hsr title the land thereby iuvalidated If any
part Of The discovered territory did enjoy the reputation Of
being replete with mineral wealth. other paramount ad
vanass the policy of the Spanish authorities to allow
the Indians to remain in eacesbe possession Of until in
the process Of time, circumstances should So unoded suk
cient tsgise them interest in the exnghment of the In
dian title The Spanish title the regions the north Of
Mexcos which wsre and Indeed still are the haunts Of the
numerous, fierce and warke Csmanches Apache and Ma
vahoes and in the south Of Chill of the brave Asncanians
all whom epulse the best efforts Of Spain subuga
ton might, were the question one with show Of
be doubted Not ssn regard the Indians of the
Mosquit0coast Their country offered temptations to the
early advenurers from Spain; consequently the Spaniards
did not for long time, deeit worth the effort to disturb the
aborgneG Had il been othsrwsehad the Mosquito oast
possessed Potosi Real del Monet would hard be
contende 1that the Indians nhaBng it. either by their
bers their valor would have efficiently resisted the po
Of Spain.
The gounds thsclsms European nations aomn ion
the Indian ibesn America have been frequent y
fully and ably discussed in tho courts Of justice of the Ur it.
ed States that is unnecessary expatate nthe sube Ct
The relating collected and luminous abst ct
of them given, in Kents Oosntaes, VOL 81 PIP. 800 to
AGO. The following extract opinion of Chief Jusi
poste tbs question respecting Mosquito shore, and PR
ceeds from high authority that may whopsiety 9
quoted herss-
On the discovery oS this continent the great
o !. ev h
offered ample field to the ambition and enterprise of ALL
and the character and religion of its inhabitants afforded
apology for considering people over whom the
peror genius Of Europe might claim ascendency The po-
tenlaes Of the Old World found difficulty in convincing
they MAIDS ample compensation inhab-
tani in exchange for unlimited independence. But they
all in pursuit nearly the object necessary,
order toavoid otng settlements and consequent
with each other establish principle which alshould
knowlegsas the law BY which the right Of acquisition which
This principle was that discovery gave title the Government
by whose subjects by whose authority made against
all other European title might be con-
The exclusion ali other Europeans necessarily gave
the nation making the discovery the sole right Of acquiring the
soil from the natives establishing settlements upon it.
right with which Europeans could interfere h
right which all asserteu themselves and the assertion OF
which by others all assented.
Those relations which toex between the dseoverer
and the natives be regulated by themselves The
rights tins acquired being exclusive no other Power could
interpose between thcs (See, also Jackson dem,
Sparkmaa Porter, 2Panes Circuit Court Reports p
II cannot doubted that from establishment of Spanish
dominion in Guaemao the river San Juan has been the prn
cpa avenue to and from the Atlantic that part
Central America lying around Rake Nicaragua. sbeeved
also, that Spanish had been maintained at the port of
San Jran not for asong period at least from about the
year 1865.
This undsurbed use by his Catholic Majesty the river
San Juan and the port moh have ceninued until
time after the conquest of Jamaica BY Cromwell in
1856. According tothe British parliamentary document
entitled Commercial Tariffs" of lS47 VOL o. page 49,
the Mosquito Kng with the Of his chiefs and
people, placed themselves under the protection Of Charles the
Second and the Governor Of JAMAICA in the, Of his
sovereign accepehs union, and promised them the royal
proecion MacgTege the author of the document above
.rred prosseso have obtained the proof Of this fm the
records Of the British Board Of Trade and Plantations The
the transaction however, mentioned and there
is ossry believe that clandestne and neither
connved at auhorzedby SPAIN Indeed il can scarcely
be questioned that throughout the reign of Charles the Second
tha public relations between him and his Catholic Majesty
such that he could not without breach Of faith, have
accepted the allegiance sold 10 have been offered by the Mos
quito monarch and have promised the protection referred
The act performed subsequently the treaty Of Madrid
Of 1867 nvaldated by its second article which declared
ssthat neither ofhesaa Kings (of Great Britain SPAIN,
their respective people, Subjects inhabitants within
their domnons, upon preence may in public secret
do procure too done, any thing agsnst the ohe in any
place. by land in the ports rivers of the oher
but shall another with all love and friendship"
Again. by ha S<h article Of the treaty bsteen the par
ties of 1870 it is stipulated that the subjects and nhab
ants merchants captains, Of ships, mariners Of the
kingdoms provinces, and domnions of each confederate
specvely shs abstain and forbea sail and trade with the
ports and havens which have Notifications castles magaznes
warehouses; and in all other places whatsoever possessed
by the othspary the West Inaies wit The subjects Of
the havens and places which the Catholic King hodeh nthe
said Indies," &c.
All tho Spanish possessions in America having been called
West Indies" and Indies the stimulation above quoted