The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-02-07

displaced or subdued, the sovereignty neverthe-
less resides in the State or Nation which exer-
cses directly, derives to ITSELF the title acquired
by European discovery. 1t was by this universal
law that Great Britain acquired and so long
maintained that sovereignty within the territory
of the original United States, which she resigned
to them by the treaty of Versailles in 1888. By
the same law, France acquired and held that do
minion in Canada and the valuable West India
Islands, which she so reluctantly transferred to
Great Britain, on the fall of Quebec, in 1868. By
the same law Spain acquired that title to the Flor
idas, and vast regions in Louisiana and Mexico,
to which the United States have succeeded by
purchase as well all those extensive countries,
in Mexico, Central America, and South America,
which have passed from under her dominion, and
gone under the sway of the Spanish American
Republics. 1t was by the same law that Den
mark acquired her possessions in the West Indies,
and that Portugal acquired Brazil and the En-
pire of Brazil stands now on the same title. The
authority for this universal law most opposite TO
the present occasion, is that of Great Britain
herself as confessed in the negotiation which led
to the treaty in question. Mr.. Rives reports to
Mr.. Clayton conversation between himself and
Lord Palmerston thus: I" concluded with say
ing that it resulted from this long course of uni
versal usage and conventional practice, that
actual possession was in no wise necessary to
the exercise of rightful sovereignty on Indian
territory; and that although Indian tribes were
possessed of some of the attributes of separate
political existence, such as that of governing
their communities by their own internal laws,
and also of sustaining the relations of peace and
war, yet it was impossible to recognise in them
a complete national independence, such that
which was claimed for the Mosquitoes, without
subverting the whole fabric of public law be-
longing to our peculiar position, which had grown
up with the general concurrence and assent OF
all the civilized nations of Europe"
To these remarks, Lord Palmerston replied by
saying, that he "fully admitted the general doc
trine for which we commended; that it was the
principle on which they conducted all their rela-
the case of the Mosquitoes was sun generss, and
stood upon its own peculiar circumstances"
But the law being universal, there can be no
case SUI generis. If there are any peculiar cir
cumstances, which is denied they are not set forth
Even if there were such, yet they could not sus-
tain exception to the universal law
At least, the existence of such case in behali
of the Mosquito Nation cannot be pleaded against
Spain and her successors, unless the recognition
of it can be shown. Nor can it be pleaded by
Great Britain, if she herself has recognised the
paramount title of Spain and her successors
Here, you will please take notice that the Pro-
tectorate neither is, nor is claimed by Great Brit
ain to be, modern institution. On the contra
ry, it stands upon prescription. give you the
evidence:
"FOREIGN OFFICE, Jan. s, 1850.
"Viscount Palmerston presents his compli-
ments to Mr.. Lawrence, and begs to communi-
cate to him, for his perusal, translation in
Spanish of letter from Mr. Chatield, her Majes-
tvs Charge dAffaires in Guatemala, addressed
to the Government Of Nicaragua on the 9Th OF
September last, containing a statement of facts
showing the nature of the connection which has
existed, since the middle of the seventeenth Gen.
tury, between Great Britain and the Mosquito
NatiOn."t
This prescriptive protectorate came under the
cognizance of not only Spain, but aso Great
Britain herself when making treaty of peace
boundaries, and commerce, in 1888.
BY article sixth of that treaty. it was stipulated
that British subjects shall have the right of cut
ting loading, and carrying away logw.od, in the
district lying between the River Wallis, or Ba-
lie, and Rio Hondo "a district hundreds o
miles distant from the Mosquito Coast. "There-
fore, all the English who may be dispersed il
any other parts, whether on the Spanih Cont
nent main land or in any of the lslanls what.
soever dependent on the aforesaid Spanish Con.
tinent, and for whatever reason it might be
without exception shall return within tn. district
which has been above described, in the pace Of
eighteen months ," and for this purpose, orders
shall be issued on the part of his Britannc Males
ty"t
The same Protectorate came again under the
review of the same high contracting parties, il
1886, in making further treaty. By article first
it was stipulated as follows His Britannia Ma.
jesty's Subjects and the other colonists who hav,
hitherto enjoyed the protection of England, shall
evacuate the country of the Mosquitoes, as vel
as the Continent in general, and the Islands al
iiGnsnt, without exception, situated beyond -
the nositi3after described as what ought 10 U
h;s Catholic Ma}es extent Of territory granted =.
| Snccifed in the third athe English, for the use
yention, and in addition to the te present con
s. m them, in virtue of the stinnIa,nn
agreed upon by the commissioners of tha 49,,
crowns IN 1888" The line specified n tho OH
Arucies OF the treaty, rs the boundarl.a of tn
SPecih possession of the English, were u.e Ri
hondo on the north, and the River Sibun OF, IN
south, together with "the small Island If Cos;n,
o. Heorges Key" or Cayo Casino, and "the cl,u
Ter OF small Islands which are situated or 0'lt
shat part OF the Coast occupied by the Cdtters a
tne Instance Of eight leagues fro Ihe hiver d
d place which has s Nv arc louna WE
all tho populations of the treaty of 1888, for re
cognisng the sovereignty of Spain over ever
firmed, with new and more stringent restrictions.
BY article second, his Britannia Majesty agreed
that, " should there still remain any nersons q,
daring as to presume, by retiring into the interio
country, to endeavor to Obstruct the entire evac
uation already agreed upon, his Britannia Males
ty, so far from affording them the least succor
or even protection, will disown them in tho mos
solemn manner, as he will equally do those wht
may hereafter attempt to settle upon the terrtor,
belonging to the Spanish domain.
BY article fourteenth, it was stipulated az fol
lows: His Catholic Majesty, prompted solel,
by motives of humanity, promises to the King O.
England that he will not again exercise anv ac
OF severity against the Mosquitoes iuhabiting in
part the countries which are to be evacuated h,
virtue of the present convention, on account O,
the connections which may have subsisted be.
tween the said Indians and the English; and his
Britannia Majesty, on his part, will strictly pro.
hibit all his subjects from furnishing arms O,
warlike stores to the Indians in general situated
upon the frontier of the Spanish possessons."s
Ihls treaty was made the ground of motion
Tor vote of censure in the British House q,
LORDS, IN 1897, and was denounced as being hui
miiiatlng surrender OF the Mosquito country and
abandonment of the Mosquito nation. tie allies
of Great Britain. The Ministry defended the
treaty, on the ground that the British settlement
on the Mosquito shore was not a regular and
lawful settlement, and that the MOSQUITO nation
were not allies, and therefore Great Britain was
not bound to protect them and the vote of CEN
sure n was refused, by large majority of the
reers' mus the matter remained, so far as trea-
ues or laws were concerned, until 1874 when
SPAN adopted new and written Constitution
IN defiance of the despotic Powers of Europe
That Constitution contained this article: Senate
maia, with the internal provinces of the East and
west, and the adjacent islands in both seas. form
part of the Spanish dominions" Great Britain
recognised Spain under this Constitution, and
guaranteed her sovereignty. Guatemala threw
OIL the Spanish yoke in 1928, and becam. q CON.
federated Republic. Its Constitution thus de-
scribea the domain which it covered. "Tbe ter
rltory of the Republic is the san,o rA;I e