The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-02-21

IhdI tlle UreaI DrlIaln nelu the DallZe under the
treaty of 1886, with Spain, which was sanctioned
by the Mexican Government in 1926.
These treaties with Spain and Mexico gave
Great Britain only possessory rights between the
hio Hondo and the Siboon. Her settlers had
crossed the Siboon, the southern boundary, and
extended themselves to the Sarstoon. At the
same time, Great Britain claimed to hold the Bay
Islands.
If it was the intention of the negotintors of the
treaty that Great Britain should give up the con-
troll OF the territory between the Sarstoon and the
Siboon, that should have been clearly and dis
tinctly Incorporated into the treaty. If it was the
intention of the negotiators that she should give
up the colony of the Bay Islands, that should
have been incorporated into the treaty. If it was
the intention of the negotators that the protect
crate over the Mosquito coast should be nothing
but "the shadow of name" it should have been
clearly and distinctly provided for by the terms
OF the treaty. Yes, sir, | say, that if Mr.. Clay
ton and Sir Henry l.. Bulwer had the same OBJ
jects in view; if they understood each other if
they understood the treaty alike and intended
that the United States and Great Britain should
understand it alike-then the objects of the treaty
should have been so specifically set forth, that
neither of these rival nations-jealous as both of
them are of each other, tenacious as both of them
are OF their own rights and interests-should seek
to shelter itself under the general terms of the
phraSeoogy of the instrument from its treaty OBJ
legations.
But, sir, the treaty was not understood alike
by England and America Honorable Senators,
then, understood the Balize settlement north OF
the Siboon to come under the provisions of the
treaty. When the ratification of the treaty was
exchanged, the British negotiator was "instruct-
ed to declare that her Majesty does not under
stand the engagements of that convention to APP
ply to her MaJestys settlement at Honduras or
to its dependencies. Her Majesty's ratification
OF the said convention is exchanged under the
explicit declaration above mentioned" The
American negOtiator affirmed, in reply to this
declaration, that the treaty was not understood
to include British Honduras. nor the small ISL
ands in the neighborhood of the settlement"
Great Britain claims that this understanding 4"
between the negotators covers the Balize settle
ment south of the Siboon and the Bay Island
colony. The honorable Senator from Michigan
quoted the opinion of the late Attorney General
OF the United States, the Hon. Reverdy johnson,
TO the effect, that the declarations of the nego-
tiators had not altered the convention, or fixed
an Interpretation upon it contrary to the mean
ing of the President and Senate"
In regard to the effect of these declarations
upon the binding effect of the treaty, the honora-
bic Senator from Michigan remarked with great
force, IN the debate three years ago:
When one says to the other, deliver YOU nv
ratification on such a condition. and the other
party thus accepts it, would not any nation in
Chrlstendom, under such circumstances say
that the act of the head of the nation would be
binding in good faith, and that the ratification
was conditional merely? Would it not be said.
in such case, that we were responsible before
the world for the acts of the head of our Gov
ernnent? And, even as matter of internal adj
minlstratlon, If 1t should not be within his au-
thority to make such supplementary declara-
ton, yet the common voice of mankind would
declare that we must either accept or observe
the conditional ratification, or give up the trea-
6 y"
Subsequent events have proved that it was the
understanding of the British authorities that the
Balize and the Bay Islands were not comprehend
ed in the provisions of the treaty but were exclu-
ded by the understanding of the negotiators
On the 10Th of August, 1850, less than sixty
days after the exchange of the notifications of the
treaty, the representative of England in Central
America told the authorities of Nicaragua that
" resistance" to the protectOrate "would be of no
further avail, and that the "treaty of Clayton
and Bulwer, about which you have so much to
say, and in which you express so much confidence.
expressly recognises the Mosquito Kingdom, and
sets aside the rights which you pretend Nicara-
qua has on that coast" Within eight months
after the treaty was proclaimed by President Tav-
Tor, the Minister of Nicaragua declared in a COM
muncation to Mr.. Webster, then Secretary of
State, that "Great Britain, wishing to take adj
vantage of the same test and the clauses of the
treaty, has directed to all her agents in Central
America new instructions and communications
In which it is expressly stated that the Govern
ment OF the American Union recognised the ex-
istence of the pretended Mosquito Kingdom. and
the usurpation of the port of San juan and that,
far from facilitating the rights of the savage
chief, the treaty confirms them in full
This treaty, Mr. President, fails to set forth. in
precise, exact, and specific language the objects
sought to be attained by the country in it's nego-
tiation. | hold in my hand the speech of the
honorable Senator from Michigan, delivered in
the Senate three years ago, from which | quote
these words, in support of the position | now
take:
" 1t was, and is, my opinion, too that there are
loose expressions in the treaty, which have led
to much difficulty"
In the debate upon the treaty, in January 1853,
the Senator from Illinois, Mr.. Douglas now
with us, in justification of his opposition to it,
declared:
:" was not satisfied with the clause in relation
TO the British protectorate over the MOSQUITO
coast. 1t is equvocal in terms, and no man can
say with certainty whether the true construc-
ton excludes the protectorate from the CONT
nent, or recognises its rightful existence, and
imposes restraints upon its and exercise"
The Senator from Illinois also declared. in
March of the same wear:
81 have always thought the language of the
treaty was so equivocal, that no man could say
with certainty whether it did abolish the pro-
tectorate or not. One clause seemed to abolish
1T another seemed to recognise its existence
and TO restrain its exercise; and you could make
as goOd an argument on one side as the other
But | gave notice, at the time the treaty was
ratified, that | would take the American side
and stand by the Senator from Delaware in
claiming that England was bound to quit"
If the honorable Senator from Illinois could
make the declaration, on the floor of the Senate
that you could make as good an argument on one
side OF the question as on the other but that. as
an American statesman, he would stand by the
American Interpretation of the treaty, surely a
British statesman can make the same declaration
IN regard to the British side of the question
Thus, by the words of the treaty we are placed
in position where the two nations NAV he
brought into direct hostility on the practical in.
depreciation OF an instrument; while patriotism
requires an American statesman and a British
statesman TO stand by their respective countries
\ treaty OF that character ought never to be made
between two nations, and especially two nations
so influential and so powerful in the affairs of the
world so tenacious of their honor and their RIGHTS
as Great Britain and the United States
In the debate of March, 1853, Mr.. Everett, of
my own State, fresh from the Department of
State-a statesman, | may safely say here. as
familiar with the foreign relations of the United
States as any living American statesman-said.
IN reference to the territory between the Siboon
and the Sarstoon, ~ will candidly saw. that do
not think England has either violated or intended
to violate the faith of the treaty" OF Roatan
and the Bay Islands, Mr.. Everett remarked in
the same speech, that :" these islands had for a
long time been in the unqualified, though con-
tested, possession of Great Britain" Referring
to the organization of the Bay Islands, in the