The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-01-25


quito proisc,oais in Great Britain Well if s il not
siso express acknowledgement OF Mosquito protee-
lesse in the United States And | would put more
sgs6csnt question whether ii 10 not express ae
knowIsdgment OF protccorst1 extended by this
nsut TO Nicaragua, and every other Central Amer-
ca State which has been trampled under foot by British
aggression II England persists in the construction
govsSnnsnt will be the most pusillaninous that ever ex
istsd here il does not the grounds OF
Issscnios our right 70 protect Nicaragua and exercise
isred TO In the legal maxim quoted BY Mr. Harding We
have seen what il the E1pses unrus and let
know what 10 the szlaso avius" This learned EXPOSE
tor, wiring from Doctors Commons has not condescend
% 70 Tell " in psin words what is that is excluded by
the admission of the British potectoate but the inference
y irresistible that The thing excluded by single word IN
the second clause of the first article is The ho!e preceding
ssss OF the article which excludes Great Britain
iron occupying &C. Sir John 20 construes the article
% 70 introduce principle into Doctors Commons,
BY nvsrsnx the ancient MAXIM and 1t stands now for
his benefit, ut mag,s persat guam vatsa." One
agrees not TO claim title TO occupy tract OF land and
further covenants that he :" will not make use OF any
fraud" obtain the title the occupation Sir John
wonA think that his covenant not to make OF fraud
was IN admission Of his right TO use H. and that being
admitted ExPess,o unius est eIclusio ais,ius, and SO
he may fraud to occupy the land. His tactics as
lawyer teach him TO construe part of article in
treaty - 10 snnu the other part.
have beard OF but one of construction ludi-
erous - this: gave his bill OF sale for mare
with fold. He had read as far in Backstones Com
msntaries a "Expreio uni est e1cluso aerius" and
having kept the mare. after the day Of delivery, until
she bad produced fine colt be refused to give up the
colt With the mae on the ground of "Erpressi0 unius est
sxsus stsrws;" for. said he, she expression OF the
the exclusion OF the colt" Taught Moth
Ing il clearer from the article itself than hs that every
word which could De properly used to exclude the parties
from taking keeping possession in Central America
intended to be employed for that purposes and that,
after this had been done. out OF abundant Caution was
determined still more plainly 70 dsaIm her pro,ecora!e
BY denying her right to defend by force OF arms is
quite laughable 10 observe how MIR. Harding himself
fesbly admits that Great Britain cannot protect, it. in do
Ing 20, shs 10 compelled either TO occupy or to forfy
10 eolonze or TO exercise any dominion. II
she can protect without doing either OF these things,
ingenious ike the Queens advocate ought 10 be able
to show W the "moSu, operand" Doubtless he thinks
he has done that already Great Britain may, he thinks,
send N army and navy there for the purpose OF pro-
tecting the Indians"
army in possession of Tgre island The American min
lister against this occupation OF the island
violation OF the treaty claiming that The British troops
have occupied in direct violation OF its leading stpua-
ton. The returned by the British commander is,
have not occupied it In our own right, and in effect
shess British troops. bu, merely the troops OF
he Mosquito King. You are quite mistaken" says the
British commander /" this is no British occupation, but
only the occupation of the Mosquito Indians" :" You
that" replies the British commander, we occupy under
the Aag OF the Mosquito King. The last time were
hare We hosted the British flag and had TO take down
and salute the flag OF Honduras, but we have learned
betsr now; allies OF the Mosquito monarch and
march under his banner" But TO this the minister re-
pliss, You covenaned with the American government
that you would not make use of any Indian proecorate
for the purpose OF occupying and you have expressly told
~ that you would not assume or exercise sovereign
~. tiysa or Indirect in Central America" The Britsh
can have other make than by applying the
Hafding maxim, Erprssso uius, est sIeso alterius
which, according to the British Interpretation, take
it, msane The assertion OF our tight the exclusion OF
hat OF Ill others."
Mr. Presldent this treaty was not made for the pur-
pose Of humiliang Great Britain. The President who
directed the negotiation OF il sought by nothing neon.
sis.snt with her honor and her duty to herself.
While dsarmed her protectorate did not prevent
her from recognising the Mosquito King nor the United
States from recognising any Central American State as
might zee st. So far as regards the mer. acknowledge
msnt Of the States in Central America, either party is at
perfect liberty TO acknowledge any OF tben But the
distinction 10 between the right TO acknowledge and The
power TO compel others to acknowledge Great Britain
can compel other power 10 acknowledge the Indian
sovsr:ign.y BY any means prohibited in The treaty II
abe, in virtue OF the second clause OF the first article
which prohibits both parties from making use OF any pro-
lection Tor the purpose OF occupation, can occupy the
country with an army. we can, as have said, by the
rule OF constructions do the thing in defence
OF Nicaragua, any other Central American State. II
shs coonize and assume dominion FOR the purpose OF
protection, do the thing, under the same
prstsxt And the result that the treaty becomes dead
estef BY The British construction, whenever British Gu
pidy shall lead the government to seize again what was
Sir il cannot have escaped observation that IL moi
sntil 4sr the senator from Michigan made his attack
the declarations OF the negotaoIs In January, 1883 and
sr bis remarks that subject had been transmitted 10
the British government that the latter veniured 10
attempt 10 constTue the treaty by the declarations Lord
CareDd0ns dispatches before the first response 10
the debate in the Senate of January, 1883 Immediately
before the British government received that debate we
have the letter OF Lord John Russell OF the oh January
1885, communicated TO Mr. EvrRETT, which, in The
have quoted discsimed all idea OF protecting the In
dams BY force, or assuming any other position towards
them than what was due 10 charity and humanity
hslieve have stated the date OF Lord John Russels let
YER correctly; il not my honorable friend from Massa-
chusets can correct me.
Nj. EVERETT. The date OF it the 10Th January,
1883. - YOU have stated.
Mr. CLAYTON AT that date then and we know
befors the speech OF the senator from Michigan had
reached attracted the attention of the British cabinet
Lord John RueseIl assured Mr.. EVERETT that Great
Britain intended faithfully 10 carry out the treaty OF
Washington, OF $780, and neither 10 exercise
any sovereignty direct or Indirect In any part OF Central
America This is in perfect accordance with all that
Lord Palmsrson had professed regard 10 this treaty
How them do you account for the sudden change in the
Of the British ministry, shown by Lord Claren
dons letter.
Sir, the senator who had stood at the head of grea,
party in the couniry--one whose influence here was
fully understood in Londononc who had voted Tor the
treaty. and as constitutional adviser OF the President
had voice. potential il might be hoped, in its construc-
,on-had made a speech the floor of the Senate 10
give Great Britain the idea which she entertained
before thai the Bay isands might be claimed by her
dependencies Of Belize, within the meaning OF The dec
laratons OF the negoaiors and had assured her that
by these declarations, all her claims in Central America
were acknowledged and she mad ian authentic claim q
fobMak q ceieny there" quote his own words. There
10 single letter OF any kind from the British govern
msnt which minated, in any way, that they relied
the declarations OF the Degoaors interpret the
treaty until they had his authority doing 80 They
had established their Bay Islands colony pa OF
the British West Indies be senator said in Gen.
tkoffh py by fhp had