The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-03

portions NJ Central America came within the treaty
and are not protected by this prospective discovery
operating upen existing ella ms. And Lord Claren-
don hnaselI in his letter 70 Mr.. Champion, Of May
~, 1863 places the exemption OF the British possess
eioDs- meaning the Balize-upon the declaration OF
the regulators, and not upon this recently an
pounced and prudential canon of Interpretation.
What is the language of the treaty upon this sub
jecl? That the parties shall not occupy Central Anne
RIGA How can this stipulation be complied with, If
one Of them continues the occupation previously
held? TO occupy Is to do just what the treaty pro-
hibits. And what reason is given for this perver.
sion Of language, as plain as words permit !? I" Be
cause" says Lord Clarendon, the treaty does not
contain in specific terms remuneration on the part Of
Great Britain And in what principle Of international
law or of common sense, or OF common honesty does
Lord Clarendon find his justification for such an
sumption as this know Of none. II nation or
an Individual contract to do an act, they contract
the obligation TO do all that that act fairly requires
A stipulation not to occupy necessarily includes
within itself the daty OF abandoning any pretenson
or possession inconsistent with that obligation. And
the man in private lie who should contract not to
occupy any lard in given district OF country, and
who should afterwards say that the stipulation does
would Be sure TO Lore his Character for honesty while
thus attempting to evsde bis own just responsibility
Apply this 70 England, and the argument Is euded
8. The third article in list of grievances is the
indefinite extension Of the Balze settlement, and the
exercise Of full unlimited Jurisdiction over IL.
This branch Of the subject has been so fully pre-
sented, beth here and by Mr.. Buchanan in England,
".
rapidly as il rsste with its clear understanding
The British government has, for century and
half, held qualified possession OF q small region
rclrdng the neighborhcod Of the Baiize: II was
originally seized for the purpose OF cutting logwood
and after lorg and angry contests with SPAIN the
latter power finally recognized the right to hold It
Tor that object alone So jealous was the Spanish
government that it insisted upon the most stringent
provisions there should be no armed force,
the matt raj fruits Of The soil should Sc its only pro-
duce to lie used as food, and that there should be
no manufactures, but mills for saving the maiio-
eapy Tito boards and there are two acts OF the
British Par lament passed in 1917 ana isiy, en-
frmng and recognizing this very limited lntisalc.
ton. They declared that the settlement: a. Tue Day
Of Honduras was setea en' for certain purposes,
in the poss ession and under the protection OF ms
Majesty, but not within the territory ana commons
| Of his Majesty &c A. .>o,,.. 20
| Great Britain over that region are wholly disre-
| carGed, ard she has fortified it and cultivated II,
and exercises as full dominion over It ~ over any
other part OF Ler territories. she does not mele,y
hold the usufruct and that confined to the iogWO0o
trade but the country is exclusively hers FOR al the
purposes OF peace on war. II is permanent posi-
ton ON the great Bay # Honduras.
And besides this Change of tenure, ana Inc COLI
version OF limited right to an absolute proprietor.
ship, Great britain has greatly enlarged me exsent
/ OF the .olement beyond the boundaries assigned 20
it, to the injury of the state OF Guatemala 10 WhSh
the invaded country belongs rs the successor 10
| rights al D possess o! Spain. The most renote
southern limit If this settlement ever recognized by
Spain was the Siboon river, suppose twelve or iour
teen miles from the raze; but the British have eX'
tended it to the Sarton river, one hundred and nfty
or two hun "A miles i'll farther south, and as clear
ly in tie State Of Guatemala the James river Is In
Virginia Some mars n ner . frtSs
| down the coast.
And this progressive invasion has been com
| mitted without the slightest title of right or
authority committed by the strong hand,
| and maintain ed by il. Lord Clarendon, in
bis disc, ssion with Mr.. Buchanan, claims
| this region by right of conquest" But when IL
The fact u.s. it has been gained by successive acts OF
encIoacbnent- sometimes Individual and sometimes
COLONIAL Of which, till now the British government
has not publicly claimed the benefit; These now
charge delivered not long since by Chief Justice
Temple to grand jury at the BaIze. He seemed
to consider it necessary to explain by what right the
authorities exercised jurisdiction over the country
was neither BY grant nor conquest, but ~ 0ecupa,
| tom Occupation, title resting upon discovery,
and applied to region which had belonged to Spain
or her cipated colony since the second voyage
| Of Columbus! Doctors often disagree as to cure
for the patient, but seldom more pointedly than in
this case.
T. We object to the occupation of Ruatan and the
cluster OF Islands in its neghborh00d in the bay Of
Honduras, and consider it papable violation Of the
treaty And in the very face Of that treaty, and
after its ratification colonial government was es-
tabs he'd there, called the Colony Of the Bay Islands
in contempt Of the stipulation that neither party
What are The facts in relation to this aggression
for it is nndeniaby suchand whatare the objections
| to tie claim?
l. Rratan is said to be one Of the group OF island.
excepted in the note to the treaty. and described
the small islands in the neighb0rh0od Of the Ba-
HE settlement, and known as its dependencies
| Now, there is cluster OF islands-istets rather
| about three Leagues nom the Siboon river, which
are Gtper denotes of the Baize and are beyond all
Doubt the objects OF this provision in the note
While Ruatan il large, important island, four OF
| five hundred miles fldm the BaZe. A cause must
be weak, indeed which depends upon such support
Ruatan liz only s,me Thirty niles from the coast Of
Honduras. and belongs TO i BY as just title as
O. Another ground Of claim to Ruatan is founded
on the allegation that by some maps it is in the
West Indies. Go not zee that Lord Clarendon has
assumed this position, but others have. / state it
only to show that if political measure il determined
on, reasons will never be wanting for it's defence.
3. One OF the British titles to Ruatan is title by
right Of occupation, and it is thus stated by Lord
| Clarendon -
Whenever kuatan has been permanently occupied,
si In remote resent times by IN ,re thau
itary guard and flagstaff the occupation has been
] BY British subjects.
| such claim! When the island has been occupied
formerly or lattcly, 1t has been by British subjects
Then, according to this statement, the occupation
mas been interrupted and no permanent possession
American garrison il conceded to have been station
ed there, and we know that the the island was
| wIested from it by force.
But still more extraordinary is the succeeding de-
] claratioh =
has been, Without the instigation OF the British 60
vrnmtnt, OF late years spontaneously occupied by British
| subjects.
! Spontaneous occupation is q new title in English
colonial history Had the British government the
slightest faith in its title there would have been no
spontaitots action, but an authorized possession of
one o! tie most important positions in Central Anne
RIGA. English subjects according to an English
| Minister, stized district belonging by all the re-
cognjzed principles of discovery, to Spain and her
tnancipated colonies, and the government steps In
and takes advantage OF the illegal act!
this occupation? IL Brief they are these: In 1904 .
Col. HENDERSON, the British Commandant at the Ba-
/ 1ize who was sent to examine this island reported