The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-12-10

as owner or protector to the whole extensive
| coast of Central America, sweeping round from
the Rio Hondo TO the port and harbor Of San
Juan de Nicaragua, together with the adjacent
Bay Islands, except the comparatively small
portion of this between the Sarstoon and Cape
Honduras. According to their construction,
the treaty does no more than simply prohibit
them from extending their possessions in Cen.
trail America beyond the preseat limits. Il is
not too much to assert, that If in the United
States the treaty had been considered suscepti-
BILE OF such construction, it never would have
been negotiated under the authority of the
President, nor would it have received the az.
probation of The Senate. The Universal cen
viction In the United States va ?, that when orr
Government consented to violase its traditional
and time'honored policy, and TO stipula.e with
foreign Government never to occupy or &C.
quire territory in the Central merican portion
of our own Continent, the consideration for this
sacrifice was, that Great Brita should. in this
respect at least, be placed in tie same position
with ourselves. Whilst we h,ve no right to
doubt the sincerity of the Bril- .sh Government
IN their construction of the II saty, it is at the
same time my delibetate con lotion. that this
construction is in opposition 9TH to its letter
| and its spirit
Under the late Administra or, negotiations
were instituted between the ". Governments.
for the purpose, if possible Of removing these
dlfhcuitles; and tresty, having this lauiable
object IN view, was signed at London, on the
18th October, 1856, and was Submitted by the
PRESIDENT to the Senate on the following I0h
OF december Whether this. treaty, either IN
its original or amended form, would have &C.
complshed the object intended, without giving
birth to new and embarrassing complications
between the two Governments, may perhaps be
we'll questioned. Certain it il, however. il was
| rendered much less Objectionable bv the d fer.
| ent amendments made to it by the Senate
| The treaty, as amended, was ratified bv me ON
| the 18th March, 1857, and was transmitted to
| London for ratification By the British Govern.
ment. That Government expressed It's willing.
ness to concur in all the amendments made by
the Senate, with the single exception of the
clause relating to Ruatan and the other islands
IN the Bay of Honduras. The article in the
original treaty, as submitted to the Senate,
after recitlng that these islands ard their in.
habltants having been by convention, bear
ing date the 9th day of August, 1856. between
ner Britannia Majesty and the Republic CT
honduras, constituted and declared free ter
ritory under the sovereignty Of the said Repub-
lie OF Honduras stipulated that g the two con.
tracing parties do hereby mutually engage TO
| recognise and respect, III all future time, the
independence and rights OF the said free terri
tory, as part OF the Republic OF Honduras.
upon an examination Of this convention be-
tween Great Britain and Honduras of the 9th
August, 1856, it was found that whilst de-
claring the Bay Islands TO be a free territory
under the sovereignty of the Republic of Hon
duras," 1t deprived that Republic of rights.
without which its sovereignty over them could
scarcely be said to exist. 1t divided them from
the remainder OF Honduras, and gave to their
| inhabitants separate Government of their
own, with legislative, executive, and judicial
officers, elected by themselves. 1t deorived
the Government of Honduras Of the taxing
power IN every form, and exempted the people
o. the islands from the performance of military
duty except for their own exclusive defence
II also prohibited that Republic from erectine
| toruhcatlons upon them FOR their protection
thus leaving them open to invasion f9om any
quarter; and, finally, it provided "that Slavery
small not at any time hereafter be permitted to
| exist therein"
had Honduras ratified THE convention. she
would have ratified the establishment Of
State substantially independent within her own
limits, and State at all times subject 10 Brit.
lsh influence and control. Moreover. had the
United States ratified the treaty with Great
Britain IN its original form, we should have
oeen bound ITO recognize and respect in ali
| future time" these stipulatons, to the preiu6ico
the spirit and meaning CT the CLAYTON and Bull
| wer treaty, as understood in the United States,
the Senate rejected the entire clause, and sub.
stltuted IN its stead a simple recognition OF th,
| sovereign right of Honduras TO these islands in
the following language "The two CONTRACTING
parties do hereby mutually engage 10 recognise
and respect the islands Of Ruatan. B3naco.
Utila, Barbaretta, Helena, and Morat, situate
| IN the Bay OF Honduras, and off the coast of
the Republic of Honduras, as under the sovcr.
| eighty and as part OF the said Republic of Hon.
| duras."
Great Britain rejected this amendment. az.
signing as the only reason, that The ratiGca
tons OF the convention of the 9th August.
| 1896, between her and Honduras, had not been
exchanged, owing to the hesitation of that
| government" Had this been done, It IL eta
ted that 6 Her Maesty's Government would
have had little diff Guilty in agreeing to the
modification proposed by the Senate, which
| then would have had in effect the same signi.
hcation as the original wording" Whether
this would have been the effect; whether the
mere circumstance OF the exchange Of the rati-
| tcations of the British convention with Hon.
duras, prior in point of time to the ratification
of our treaty with Great Britain, would, in
| effect" have had "the same Specification as
the original wording" and thus have nullifed
the amendment Of the Senate may we'll be
doubted. 1t is, perhaps, fortunate that the
| question has never arisen
| The British Government, Immediately after
| rejecting the treaty as amended, proposed to
enter into new treaty with the United States
similar in all respects to the treaty which thew
had ust refused to ratify, if the United States
would consent to add to the Senate's clear and
unqualified recognition of the SOVEREIGNTY of
Honduras over the Bay Islands the following con.
| ditional stipulation: "Whenever and 30 soon
as the Republic OF Honduras shall have con.
| cluded and ratified treaty with Great Britain.
| by which Great Britain shall have ceded, and
| the Republic of Honduras shall have accepted.
the said islands, subject to the provisions and
| conditions contained in such treaty."
| This proposition was, of course, rejected.
Alter the Senate had refused to rec 1gnise the
British convention with Honduras of the 9th
August, 1856, with fall knowledge of it's con-
tents, it was impossible for me, necessarily 10.
norant of "the provisions and conditions
which might be contained in future conven-
| ton between the same parties, to sanction them
in advance.
The fact is, that when two nations like Great
Britain and the United States, mutually desi-
rous, as they are, and trust ever NAV be, OF
maintaining the most friendly relations with
each other, have unfortunately concluded q
| treaty which they understand in senses directly
opposite, the wisest course is to abrogate euch
treaty by mutual consent and to commence
anew. Had this been done promptly. all diff
culties in Central America would most prob
ably, ere this, have been adjusted to the salts
faction of both parties. The time spent ia dis
cussing the meaning of the Clayton and Bul.
wer treaty would have been devoted to this
praiseworthy purpose, and the task would have