, 1858-01-22

y
the stipulation that neither will ever occupy, CT ior
tiy, cOlonze, or assume or exercise any dominion
over any part Of Central America, It i, c0fendcd b.,
The British government tlat tie true cUnStruc ton
this luggage has left them in the rsLtGl pUss se,sUl
OF all that portion Of Central America which was ii
their occupancy at the date Of tie Treaty; in fact thai
the treaty is virtual recognition on the pant OF th
United States Of the rght If Great Britain, either a
owner protector, to the whole extensive eoast o
Central America, sweeping r0uud ift m lie Rio lond'
70 the port and harbOr Of san Juau de Nicaragua, to
gether with the adjacent Bay Islands, except the com
lafatNely small portion OF tiS between tile SarstOol
and Cape Honduras. According to their construction
the treaty does no more than simply prohibit then
from extending their pos. e--iuIs IN Genital Amvrici
leyOnd the present limits. It is not too much u as
sor, that ii liz the United States tie treaty had Ioei
considered susceptible Of sch cCnsttuctur il Eey
er would have been negotiated under tie authority o
the President, nor would il Lave received tie appI0
baton of the Senate. The universal conviction III th,
United States was, that when our go,ernment con
sentedt to violate its traditional and umghuuored poll
cy, and 10 stipulatc with foreign government neV6l
to Occupy or acquire territory in the Central Ameri
can portion OF our continent, the consideration fOl
this sacrifice that Great Britain should, in this re
spect, at least be placed in the same position with
ourselves. Whilst we have no right to doubt the sin
cery Of the British Government in their construction
of the treaty, it is at the same tine my deliberate
conviction that this construction is in opposition bOt
1 to its loi'rr a4u i.a sIITlt.
! Under the late administration negotiations we've in
/ ,ttuted between the two yerIments lOr the pur
pose if possible, OF removing these difficulties and
treaty having this laUdabe Olect in view WAS signed
at London on the 18th of Octj5er, 1856 and was sub
mtted by the President to the Senate on the following
10th of December. Whether this treaty, either in its
original or amended form, would have accomplished
the object intended without giving birth TO new and
embarrassing complications between the two govern
mehts may perhaps be well questioned Certain II is
however, it rendered much less Objectionable by
the different amendments mad to it by the Senate.
The treaty, amended, was ratified by NE on the
18th March 1891, and was transmitted TO London for
ratification by the British Government. That govern
mcnt expressed its willingness TO concur in all the
appointments made by the senate with the single cX-
cepticn of the clause relating to RuRtan and other
Islands in the Bay of Honduras. The article in the
original treaty Submitted TO the Senate after reel,
ting that these Islands and their Inhabitants havng
Leen by convention Lcaring date the 27th day OF
August 1856, between her Britannia Majesty and the
Republic Of Honduras, constituted and declared free
territory under tile sovereignty Of the said Republic
Of Honduras" stipulated that 'tbe two contracting
parties do hereby mutually engage to recognise and
respect in all future time the Independence and tights
Of the said free territory as part OF the Republic Of
Honduras
| Upon an examination Of this convention letwcen
Great Britain and Honduras, ofthe 27th August 1856,
il was found that, whilst declaring the Bay Islands
be "a free territory under the sovereignty Of the Re-
public of Honduras" it deprived that Republic Of
rights without which its sovereignty over item could
scarcely be said To exist II divided them from the
maindcT of ondgrs, and gave to their inhabitants
a separate government of their own with legislative
II deprived the government Of Honduras Of the taxing
power in eveyySQrm and exempted the people of the
Islands from ts performance OF military duty except
for their own exclusive defence. IL also prohibited
that Republic from erecting Notifications upon them
for their prOtecton-thus leaving them open 10 nva
sion from any quarter aud, finally, II provided that
slavery shall mot, at any time hereafter be permitted
Had Honduras ratified this convention, she would
have ratified the establishment of State substantial
ly Independent within her own limits and State at
- q. s.1..- II
Moreover, had the United States ratified the treaty
with Great Britain in its original form, should have
been bound ito recognise and respect In all future
time these stipulations TO tile prejudice OF Honduras.
Being in direct opposition to the spirit and meaning
of the Clayton and Buwer treaty understood in the
United States the Senate rejected the entire clause
and substituted In its stead simple recognition Of the
SOVEREIGN right Of Honduras to these Islands, in the
following language: "The two contracting parties do
hereby mutually engage to recognise and respect the
Islands of Ruatln, Bonaco, Uta, Barbaretta Helena,
and Morat situate in the Bay OF Hondufas, aud of he
coast Of the republic of Honduras, nder the SOW
ereignty and part Of the said republic Of Hondu-
ras."
Great Britain rejected this amendmet, assigning as
the only reason the raticatons Of the convention Of
the eth August, lsJG, Letwecn her and Honduras,
had not been exchanged owing 10 the hesitation Of
that government Had this been done, II Is stated
that her Majestys government would have had little
difficulty in agreeing to the modification proposed by
the Senate which then would have had in effect the
same sign9t alton MS the original wording" Whether
this would have been the eect whether the mere cir
cumstance Of the ext banEe Of the ratification OF the
British convention with Honduras prior in point Of
time to the ratification OF treaty with Great Brit
ain would, lin effect" have had 1.-THE same signifca-
ton as the original wording and thus have nuied
the amendment OF the Senate. may well be doubted7
1t is perhaps, fortunate that the question has
arisen.
The British Government, Immediately after reject
ing the treaty az amended proposed 10 enter into
treaty with the United States, similar in all re-
Nae ehaf
y if the United States would consent to add to the
SeIates clear and unqualified recognition Of the SOW
ereignty Of Honduras over the Bay Islands the follow
ing conditional stipulation: 'Whenever and SO soon
as the republic of Honduras shall have concluded and
ratified a treaty with Great Britain, by which Great
Britain shall have coded, and the republic Of Hondu
shall have accepted the said Islands, subject to
the provisions and conditions contained in such trea
ty"
The proposition was of course rejected After the
Senate had refused to recognize the British Conyen.
tion with Honduras Of the 27th August 1856 with
full knowledge Of its contents, 1t impossible for
me- necessarily ignorant Of 1.-THE provisions and con
ditous which might be contained in afuture eonYen.
ton between the same parties to sanction them in ad-
vance.
The fact is, that when two nations like Great Brit
ain and the United States, mutually DESTROYS Us they
are, and trust may ever be- Of maintaining the most
friendly relations with each other have unfortunately
concluded treaty which they understand in sense d.
rectly opposite, the wsese course is u abrogae such
o treaty by mutual consent, and To commence anew.
Had this been done promptly. all difficulties in Cen.
tra America would most probably this have been
adjusted To the satisfaction Of both parties The time
spent in discussing the meaning OF the CLAYTON and
Buwer treaty. would have been devoted to this praise
worthy purpose. and the task would have been the
more easily accomplished, because the interest of the
two countries in Central America is identical being
confined to securing safe transit over all the routes
across the lsthmuS.
Whilst entertaining those sentiments shall never.
| tn 1. II
ustment Of the Central American questions which is
practically inconsistent with the American inter.
preaton Of the treaty. OvertuTes for this purpose
have been recently made by the British government
in friendly spirit which cordially reciprOcate but
whether this renewed effort will result in success am
not yet prepared to express an opinion. A brief peri
cd will determine.
With France ancient relations of friendship stl
continue to exist. The French government have in
several recentinstneos which need not be enumerat-
ed evinced spirit Of good will and kindness towards
our country which heartily reciprocate II is not.
withstanding, much to be regretted that two nations
whose productions Of such character as to invite
the most extensive exchanges and freest commercial
intercourse, should continue TO enforce ancient and
obsolete restrictions of trade against each other Our