The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-03


that any Of Them had been occupied At period by
Britain before their incorporation with Ruatan,
ard the establishment in 1851 OF the socny Of the Bay
Islands,"
In thi. manner has the feeble State Of Honduras been
deprived Of every valuable Island along her coast and
this Ia completely commanded by the impending
power Of Great Britain.
The goverDment Of the United States view the es
tablisbment Of the colony of the Bay Islands in still
more unfavolsbe light than they do the omission
the part Of the British government to carry the pro-
yst Of the treaty into effect they feel this 70 DC the
the letter and spfitof the Clayton and Buwer conven
tion
II does necessary to add arguments to those
of the former American statement for the purpose OF
proving hat the Mosquito prote.toate has been abolish
ed by the convention. This point has nowhere been d.
rectly met throughout the British statement by argu
ments drawn from the body Of the treaty ITSELF These
remarks shall therefore be confined to the topics pre-
scented In he British statement.
In this discussion in the of the Bay Islands, it
ought be borne in mind that it is the true csn-
strucop Of the convention which Is mainly to be
tanned and enforced and not the historical
events which either preceded or followed It's conclu-
sion. . .
The admission Is noticed with satisfaction that the
United States had not, M der the convention, acknow'
LEGGED the existence Of the British protectorate in Mos
quito. This relieves the argument from much embarrass
ment and the American negotator from the imputa.
tion OF having done act which would have been con-
Il is also repeatedly admitted that although the British
government 90 employ its own languoge did not BY
the treaty OF 1850 abandon the night OF Great Britain TO
h limit Ina. riehss Had the statement proceeded one
step tnrther and specified IN What mater aud to what
limit this tight. the controversy on this point might
hep for all prsctical purposes have been settled Why
Lord Clarendon must have resorted to the con-
vonon itself for the limit ation5 imposed on the protee
toyate and This would have Informed him that it shall
ever be used the purpose of Occupying the Mosqni
to ccast or OF exercising dominion the
Let Great Britain longer employ 1t for these
Inrposeset her cease to occupy this ecast ana e1er
else minon it, and although nota the convention
suffeien,
The British statement, strangely enough, Hrst pro-
ceecs to discuss at considerable length what it te'ms
the spirit Of the treaty, which 1t says must aSays
be inferred from the under which it takes
plsce and afterwards in very lines disposes of the
great question Of the true construction OF its language
This entirely til the natural order q things
tion CT Treaties" that 1.-The first general max
im Of Interpretation is that it is not allowable to
interpret what has need of Interpretation. When a
deed is woreed in clear and precise TERMS when its
ing evident leads to absurd conclusions, there
which such coed naturally presents TO go elsewhere in
search OF copectures in order to restrict or extend
but attempt TO elude IT, If this dangerous method
be mted there will be deed which it will not
render useles.
1t was, The, efore incumbent npen the British state
prove that the )aguage OF the convention is
obscuIe-a difficult task-before it could properly
resort to circumstances to expan its mean
ing Nevertheless the order OF the statement
a reply thal first lie given to the circumstances ad
duced.
But IS preliminary to these the statement branches
off into declaration ''that Mr. Buchanan confounds the
two conditions Of sovereignty and prctectorate, and
under this treats the agreement not to coonze,
nor occuIy, nor assume nor exercise dominion as
ire u6irg agreement rot TO protect" Now, admit.
ling, for the sake If argument that these words do not
Include ian sg cement not to protect" they do at least
limit this protection that cannot be employed for
the purpose Of occupying exercising dominion the
Mosquito coast. Let this be granted, and the United
States need ask but little more.
M found ic In he fCUn In a.
mans statement for the criticism hat he had confound
cd two things eistirc in their "a sovereign.
word Sovereignty" in connection with this topic
throughout: his Whole statement On the contrary, he
has carefully confined himself 10 ,be language Of the
euton itsef empl yed only tie words occupy
''or assume or exercise dominion"
The An eiccp gove pmep have treated the pro-
,ec'orate Claimed by Great Bfi as enc which could
he recognized by bic law They we'll krow, from the
savage c.gIactd character Ct the Mosquito Indians
that eaty protection could exist between her B
mic Majesty and the King the Mosquitoes, such
is iecogri zed among civilized patons. Under such a
treaty he protected power reserves to itself the right OF
Administering its g0veInntht-l right which it was
i'm po,tible for The Mosquitoes to exercise.
This romiral pro.ec'orate must therefore from the
Of things be absolute submission OF these In
diaps TO the British government, which, in fact it has
been For these the American sia ement
has every here treated Ieat Britain as in possession Of
the Moquio coast and ia the exercise Of dominion over
il, in he though she were its undis
ruted owner ard las cntended that she is oonnd by the
eaty To witt draw from this possession the exercise
Of his d, mir ion This is Il substance AL the rest is
mere firm. In this point Of view. it is wholly inmate
Ial whether the relations of the Mosquito Indians to
uaids Gleat bitsn he called protectora'e or suonis
sion by any other The great object Of the cor
venon understood by the COVE nment Of tho United
states is that she should cease 20 occupy the Mosqnit
coat no matter by ~hat name or under what claim 1t IL
retained
lie leadng--indeed il may almost be said the only
circumstance adduced to ustra he spirit OF the con
vtn;icn 10 bear upon its construction, IL
pontence which took place in LONDON, in November
Is49 between Mr. and Lord Palmerston. II i
sought this preliminary
which occurred pths before the convention was cor
cludtd between different Individuals into the means
changing and limiting the meaning Of the language at
ARCS employed by the actual negotiators By suct
all agreements between sovereign States might b
annullsd. When the final agreement Is once concluded
the pr eimr aries become useless. Like the scaoding
building they cast aside alter the eoifce hss beer
erected.
But even If such process were legitimate, there il
nothing the correpon which, far from weak
eprg does not forty the construction placed upon tn
convention by The government OF the United States Mr.
Lawrence first asks Lord Pamerston as the primary oh
jec whether the British government intends TO upy
or celcnize Nicaragua, Costa kca the Mosquito coast
''whetber the British government will unite with th'
United States in guaranteeing the neutrality OF
I'd TO the world, and common TO all nations In reply
Lord lamerston avs, that her haesti goyern%sn
rice the Mosquito coast any part OF Central Amer
and he also gave equally satisfactory answer tx
the second inquiry Of Mr.. Lawrence.
Now. what inference does the British statement draw
from this language? 1t Isl that as the correspondence
which Is alegsd 10 nave been Deere tne LegOuatOr
does not refer to the Mosquito protectorae by
Therefore they must have intended tina. This should
main untouched by the treaty. But no inference
prevail against positive fact. If the correspondence
silent in regard to the protectorate not the conven
ton. This expressly embraces 1t, and declares no
will either (of The partes make use OF any protection
either has or may have TO with any State people
for the purpose of Getting maintaining any such
hfcations 81 occupying forfyiDg colopizing Nj
carsgua c. sta Rcs, the Mosquito coast or any part
Central America o. OF assuming or exercising dominion
over the ssme."
But even the convention had not contained this
press stipulation in regard the Mosquito protectorae
and bad Simply provided for carrying into effect the in
tenon expressed by Mr. Lawrence and Lord Palmerston
that yeiber If he parties should occupy colonz
the Mosquito cast" this would 1t Il conceived, hav
abunosn;y sufficient to bind Great Britain to with
dlaw from lis In peint of fact 1t resulted
ION abundat caution alone, that the clause just quot
ed frona the CONVEX ton superadded prohti ing
Great Britain whether under the OF protecto
rate' or 9 alliance" from occupying the Mosquito
coast" or of assuming exercising dominion tn