The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-02-04

object oil the administration was gained ny l
sending these letters to the Senate: for every !
body at once fell by the ears abont it, while the
real violations of the treaty by Great Britain, |
and the culpable pusillaninity OF Fillmore IN
permitting them, were lost sight Of or kept IN |
mind only by few. Many Senators declared
they would not have voted for the treaty had
they known the kind Of juggle which had been !
going on, and some reflected pretty severely
upon the conduct Of Mr. Clayton. Hereupoo
the wings rushed in q body to his defence; an
in their eagerness to protect him did WI at
he never would have done-took sides W It'll
England in her policy, and defended her ag-
gressions by arguments SO false and falls ciJus
that the most INSCRIPTIONS Englishmin would
have blushed to assert or use them An
election for the Senate was held ab out this
time in Delaware, and Mr.. Clayton was re-
turned to that body, when he at once
commenced a vehement vindicatic,n of bins-
self In doing this he took occasion to
reiterate the construction Of the treaty
which he had placed upon it at the outset viz,
that it nullifed the British Mosquito protec-
tol ate snd that it bound England from Occur
plying or colopizng any portions OF Central
America But, to relieve himself from the
dilemma in which his unfortunate understand
ing with Brlwer had placed him, he had TO
claim what is hlse--in feet, what he himself
would have secuted six months earlier. and
what Great Britain never pretended Be
tlize was not in Central America. 1t was
small hole to crawl out at, but he tried it, with
no great gain to HE reputation at hcme or
abroad.
Hisspeech reached England; and, taking it as
embolying the American view Of the treaty
the head of the Foreign Office sent both the
treaty and the speech to the law officers Of the
crown for their opinion The Queens advc-
cato replied by plumply asserting, in substance,
that there was nothingin the treaty to prevent
England from doing what she pleased in Cen
trail America, Mr.. Clayton to the contrary
Notwithstanding. He also claimed that the
treaty distinctly recognized the existing "pro-
tectorates" of Great Britain in that part Of the
world, and authorized her to enter into new
ones if she were so disposed. And in this, we
are sorry to say, he was perfectly correct, as
any one may see from the provisions Of the
treaty, which reads
Nor will either party make use of any pcotec-
ton which either affords or may afford, or aay ali-
| ance which either has may have, for tbs purpose
OF erecting or maintaining Notifications occupy
ing, or cOlonZiDg Nicaragua, the MusQuito coast or
| any part of Central America.
The recognition, not only of existing bu.
prospective protectorates, is complete. Eut
Mr.. Clayton seeks to evade this palpable recog-
milton by claiming. that as Great Britain is de-
barred by the same article from occupying
fortify ing or exercising control in any part Of
Central America, her protectorates, present or
future, are completely nullifed. In his des-
patch to Mr.. Squier. May 7, 1850, he says
The protectorAte Of Great Britain is reduced to q
| shadow stat Ho1ines In1brd-for she can neither
occupy, fortfy, coonize, nor exercise dominion OF
control in any part OF the Mosquito coast Contra
America. By the terms of the treaty neither party
can protect to occupy nor occupy to protect.
This is mere special pleading, for it is point
in law too well established to be put in dispute
that if the same document contradicts itself the
whole is vitiated and void, and the matter tc
which it relates remains unaffected. Hence
the Queens advocate asserts that under thu
treaty
Great Britain has, and may have, protectorars
aud alliances in Central America, aud may protec
any Sta'e or people, including the Indiau tribes 0
that region, If needful ny force Of arms, provided
only that in affardiDg such prote ,tioa aostsns
from occupying, terrifying, colonziRs, or exssti a.
! dominion, &c.
In the matter of the Mosquito protectorate
therefore, the treaty is worse than nullity-it
is recognition aod support Of the British pre-.
| tensions.
| But there is one point upon which there car
be neither doubt nor evasion, and it is precisely
| the one Of most Importance, and which has been
least noticed. 1t is one which involves, moi
only the faith of treaties, but a great and car
ainal principle in American policy. The treaty
most explicitly provides that neither party
shall ''colonize nor exercise dominion over
any part of Central America YET
since the notifications of this treaty were ex
changed Great Britain has colonized, and has
assumed and does exercise, dominion over
parts, and these most important parts, Of Cen
trail America. 1t was more than a year after
that treaty was promulgated when Great Bri-
tain organized several islands belonging to
Honduras, viz. Roatan, Bonaca, Helena. Morat
and Bar5arat, as a colony, under the style 0.
the Colony of the Bay Islands, y Since that
time she has maintained dominion over them
as an integral part of the British Empire in
spite Of the remonstrances of Honduras and in
contempt Of The Clayton and Buwer treaty.
Admitting, for the sake of simplifying the
issue, that Belize is exempt from the restric-
tions the treaty, and that tie Mosquito pro.
tectorate is unaffected, we assert in UNQUALIFIED
terms that the Bay Islands were occupied by
Great Britain without the shadow of title.
organized as colony in violation of the treaty.
and are new held in fragrant disregard Of its
plain provisions and of the rights of the State
OF Honduras There can be no pretence that
they do not fall within the application of the
term Central America" nor is it pretended
that they constitute any part of the depeuden