The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-08
THE DAILY UNION

or maintaining any such Notifications or of occupying
forying or colonizng Nicaragua, Costa Rcs the Mos
quito coast or any partof Central America or Of assuming
or exercising dominion the same And also that
neither government will stake advantage Of any intma
cy or use any alliance connection influence that either
may possess with any through whose
territory the said canal may pass for The purpose Of
curing or holding directly indirectly any exclusive
or commercial privilege ia the proposed canal.
Now, the whole question in the documents of Deeem-
Der 3ls 1853 Is Of the force and effect Of the words ro
tection1 alliance influence distinct from "fortifca
tom colonization" occupation and dominion" In
fact the correspondence and documents then communic
ted related 10 the affair Of Greytown.
The Legncer refers the opinion Of Sir John Dorney
Harding, the Queens AdvoSe General, also unoti
ca opinion Of xAitorney General Reyerdy Johnson and
TO certain dispatches Of Lord Clarendon part of which the
Iteigeneer quotes Every Of those papers inc!u-
ding the very paper which the bgencer quotes abso-
lutcy disproves aud conelusvey contradicts its own
hypothesis that the American government then made
aware Of the present construction of the British govern
ment nay they prove, all reasonable conviction that
the British government did then dream of any such
construction. #
Hardinas opinion, as follows:
DecqoRs' CosiAoss, April 10, 1853.
Ny Loan. | am honored with your lordship's com
mands signied in Mr.. Addngtons letter Of tue 18th in
slant stating that he directed transmit to des-
patch from Mr. Champion, her Maestys minister at WASH
ington enclosing report OF speech made in tie Senate
of the United States by Mr. Clayton, by whom when Sec
rotary of State for the United States the treaty for the
sruclion Of neroceanc shpcana between the Atlantic
and Pacific oceans across the sthmus of Nicaragua
W BulWer
minister Washington and with reference to the con-
ruction put by Mr. Clay ton upon the LIST article OF that
treatynanely, that Great Britain is thereby prohibited
from protecting by force Of any State in Central
America Notwithstanding any alliance between her Males
y and either Of those States Mr. Addngon IS pleased to
request that would report TO your ofdshp my opinion
upon the Interpretation given by Mr. Cla!ton to the pro-
visions of that article. t#s sst
In obedience 10 your lordships commands have taken
the matter into consideration and have the honor to
port that OF opinion that the Interpretation given by
Mr. Clayton 10 the provisions Of the ls article of the
closed treaty Convention signed at Washington, April
10, 1867 is, in some respects, incorrect.
Ills that Great Britain cannot place an armed
soldier the territory without violating the treaty. is in
my opinion, incorrect; and can nothing in the treaty
which affords any foundation color for such state
ment The first article expressly recognises the fact that
Great Britain has and may have alliances with, and a
ford and may afford protection to- States and people in
Central America, and only stipuates that neither shall be
made of for the particular purposes therein forbidden
and the maxim of construction, kprssso uus est rcusio
aitertas," applies to this article.
State people tncudng Indian tribes in Central Amer
lea by force Of arms If need without violating the
treaty provided only that She in aording such protec
uop wholly abstans from occupying, forfying colo
nizing assuming exercising any dominion beyond
her territory in Central America Neither does there
appear to me 10 be anything in the treaty which would
necessarily prevent Great Britain from sending feet or
army, if necessary into any part Of Central America
from conducting any naval military operations, either
aggressive or defensive and either alone or 10 alliance
with any other nations States in any part OF Central
America. She may certainly do II che absians from
occupying" Terrifying, assuming exercising do
mnion" therein beyond her own territory.
There is not in the treaty stipulation for instance
that Great Britain shall abstain from preventing by force
Of arms other nations from occupy ing foring or
snmng dominion over any portion OF Central America OF
that she shall not destroy such Notifications snover
such dominion il once established therein.
understand Mr. Clayton, also, to assert that by The
treaty, Great Britain "has abandoned all dominon in the
whole Of Central America which assertion is in my opin
ion incorrect and variance with the fact at least
CARDS BELIZE and its dependencies IL indeed this exception
was not intended by him.
.s have, &c, J. ID. HARDING.
The EARL CLaRKsDoS, &c.
We pray the reader notS carefully the and
of this paper Ia the bodyof it Sir John Discusses
the question of protection alliance and argues that
any such protection alliance might lawfully continue
notwithstanding the convention that is to say that the
convention does not in spirit impair any existing
rights Of protection alliance In Central America the
But how, to dominion occupation colonization 2
There is In Sir John Hardines opinion sentence and
sentence only upon that point But that sentence is
pregnant and significant II is his concluding
paragraph, which requote in the following words;
understand Mr. Clayton Also TO assert that by the
treaty Great Britain has abandoned all dominion in the
whole Central America which assertion Is my opinion
Incorrect and variance with the fact least regards
Belize and i dpendeneies IT, indeed this exception not
intended by him"
Does Sir John intimate In this remark Of his that the
whole effect Of The treaty, in regard TO dominion was
merely TO exclude future acquisition Of domnionH To the
contrary Of that heseoep Mr. Caytons expression aban
doned all domiuiop" without challenge protest except
In so far regards Belize and p dependencies"
To confirm this conclusion we also quote Lord Claren-
dons letter, as follows;
Lord Clarendon 10 Mr.. Cranpten.
FonxIgs Orrok Maya, 1851
Sa As great misconcepuon appears prevail not only
among the people OF the United States but also among
government OF that country with regard the true
Of the into which Great Britain entered by
the Of Washington OF April no. 1850 with re-
spcct her present and future relations with Mosquito
and the other nations OF Central America and as that
conception II not Immediately corrected might lead 70
riops misunderstanding between Great Britain aud The
United Staes think il highly desirable chat that ques
ton should without delay be ,it upon ia right foot
ing by clear distinct explanation of the view which