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

new government to make for the
purpolt Of the comm was government Of
her Biannic Majesty was disposed to agree to almost any
nised ,hs independent that :. san
Juan With respect to the proeeioate desired nothing
could Without an entire sao flee Of Tho duties charity
and patenal regard which |, owed 2 me n,oksndSwa
years had been. certain extent uader is protection Il
wished only IL get 9s Of wh % h9n1 G sqd nes n.sd STATE, .pa
treat with the municipal authorities OF San Jusn and was
s ezsn lS ho" though ,hey we're Il was Wiling III.
they should continue in power under cover OF tho MOSQUITO
extend just potscton the Indians their cond
tions and should require They invited 70
ies and il the arrangement could be oompls.sd then %
not ~ suaaasx a the q a ni s a.w
us as advisable sepbu TO act in concert with the
nants Of The Indians as we're requisite to secure them %
internal Violence and prevent them from perishng from tho
confess, that thought this very reasonable and
satisfactory communication" s5'a# Ht8
And now, let me ask, who would nots After such
communication that of Lord John RUSSELL no would
have considered that in less than six months after, we
should have received such communication the
cate 10 Lord Clarendon' My honorable friend, then
Secretary OF State in his communication TO the Senate OF
the 10Th OF February last confirmed many of the prsvou:
Great Britain in regard to the Mosquito Indians. He
says:
"The British minister has also been signify
the protection and defence the Mosquito Indians the
position Of all parties had changed Spain instead Of ex,
prohibiting all the under her sway, has
sprsy os her dominion over all parts Of hi. continent.
according to the customs OF their furnish only
along the Mosquito coast according usages
civilized States, exercise the effective government Of the
instead Of having, formerly interest the defence Of
the Mosquito Indians for the sake Of exempng part Of
thereby obtaining admission for her has
other interest in Mosquito but such she derives em
honorable regard 10 her old connexion with the Mosquito
| nations OF Indians"
! Again he adds: "
"The British government, regards the committee of gov
fact the real which exercises authority in that part
of Central America. ,would be matter of indifference
the Of the King Of Mosquito, in the of the
city Of San Juan Del Norte itself; but it is desired by the
British that the apparent Of things should
be made conform the reality, which is now tho
hs pa' Of 9e bs Kna %
cised by the committee organized San Juan Del Norts,
or Greytown, under popular election" fdsB Ia
Again he says: yl
sThe British government is not unaware of the difHcu-
ties arising from the fact that certain neghboring States
deny altogether the Independence Of Mosquito; and the
Mesquite tribe Of Indians liable day In
their territory They do no. expect maks
provision rows n asans. n,s danger unsy consider
humanity behalf of the Mosquito nation declaring
treaty Washington OF the 10Th April, 1885, and
assume any sovereignty, direct indirect In Central
America" 3
So much for the declarations Of the British govern
ment itself II will be observed that Lord Clarendon
and his legal adviser have both carefully absained from
any argument to sustain their construction dogmati-
cal assertion is admitted among gentlemen
gument. Contened with asserting what have already
disproved-"that the negoaios OF the treaty distinctly
understood and declared that Great Britain possessed full
and absolute rights part Of Central amercS, which
neither renounced intended to be renounced by
the treaty. and, further that Great Britain had neither
denounced, intended TO renounce, the proectofae
bis lordshp offers 10 negotiate again, and make an
other treaty the same subject and he distinctly
threatens that Great Britain cannot permit Nicaragua
or Honduras to assert, and still less TO assume OF to
establish by force OF arms, over any part OF Mosquito,
right OF possession which Great Britain has always de-
MED, and still denies and that if either Ncaragua
Honduras should still continue TO make aKgressons
the Mosquito territory with that object must be at their
s A. and n has bs hos
not hesitate 10 reply in my place here to both. Iii
difficult thing TO answer man who makes an assertion
without proof, and offers no reason for his assertion.
But The passage which have quoted from his ordshfps
letter is incorrect in nearly every particular: The
opinion OF his legal adviser contains but single sen
ence which offers argument TO justify bis construction
oil the treaty, and that not very intellgble The
sentence to which refer is this:
The first article (of the treaty. expressly recognises the
and Affords and may afford pro,ecoa to States and pso
pie in Central America and only stpulates that neither
IA aed the q maxim m
unius eat ercusio aitsrns, applies to this article"
From this, he inies that Great Britain may, in perfect
by force Of arms
So too, (he thnks,) she may conduct any naval or
military operations there either aggressive defensive,
States in any Of Central America She may certainly
do so (says bel If she Hbsains from occupying, foy
Ing OF assuming. or exercising dominion therein"
Remark he is not quite that she may not do all
these things, even il, in performing them, she should be
driven TO occupy, orty, or assume. or exercise domn
ion; but he has not doubt that she may do anything
she peases provided she absians from occupation, fo
hcaion, or dominion.
Now, the first article of the treaty is divsble and no.
cessarly divided into clauses The first part OF the
article provides tha, Great Britain shall not occupy,
forfy, or coonize assume exercise any dominion
over any part of Central America or the MosQuito
coast" II nothing had been added 10 this clause any
man oil common honesty would have said that Great
Britain could not occupy could not do any of these
things which prohibited, for any purpose, under
any pfetex ii covenants that be will not occupy
farm, he cannot take keep the possession OF il, either
ia his right, or in The right of any other person.
EngI shmen themselves have taught us their common
law principle-hat tenant on farm, who has agreed
to give up, not 10 occupy il at The expiration Of his
lease, cannot set up outstanding title in any person.
retain possession of the farm by denying his landlords
title No how defective the title OF the Landlord
may be, the tenant is bound by his covenant So, too,
engagement with A not TO occupy the house OF b ~
clearly violated by entering the house as purchaser
tenant under any other person. The English maxim ID
in the mouth of every common law student" Qui facI
per oium facit per a" But the British minister thinks,
and his legal adviser him, that he in fact
nul this clause and occupy. &c. in right OF the indians,
because expressed the intention TO exclude the British
government from making OF their Indian alliance 10