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14:38
.G 78
CORRESPONDENCE
47735
Smernimento
ck
RESPECTING
CENTRAL AMERIC A.
C
1856–60.
Presented to both Houses of Parliament by Command of Her Majesty.
1860.
V
.
LONDON:
PRINTED BY HARRISON AND SONS,
TABLE OF CONTENTS.
Page
No.
Date.
1. Memorandum signed by Aug. 27, 1856
the Earl of Clarendon
and Mr. Dallas
SUBJECT.
Agreement for conclusion of Treaty for settle-
ment of questions between Great Britain
and the United States, relative to Central
America. Draft of a Treaty, and Separate
Articles annexed
Reasons for proposed modification in the reser-
vation for the Mosquito Indians ..
2. Extract from a despatch
from the United States'
Government; commu-
nicated October 13,
1856
3. To Lord Napier ...Feb. 16, 1857
.
4.
„
„
.
18,
24
5. Lord Napier ..
.. Mar. 12,
:
6. To Lord Napier
7. Lord Napier ..
8. Mr. Dallas .
Apr. 1,
..Mar.
.. Apr.
9. To Lord Napier
10. Mr. Wyke
..Feb. 28,
.
Inclosing copies of a Treaty of Friendship,
Commerce, and Navigation, and of two
Conventions; one relating to the Mosquito
Indians, and the other to the Bay Islands,
signed with the Plenipotentiary of Honduras
on the 27th August, 1856 .. .. ..
Inclosing copy of a Treaty between Great
Britain and the United States, respecting
Central America, signed with the United
States' Minister on the 17th October, 1856.
The Treaty not yet ratified .. .. ..
Reporting substance of a conversation with
General Cass respecting the views of the
United States' Government relative to the
Treaty signed in London for the settlement
of the Central American question .. .
Approving language used to General Cass
respecting the Central American Treaty ..
Ratification of the Central American Treaty
by the President, subject to certain alterations
Alterations proposed by the United States'
Government in the Central American Treaty.
Copy of the instructions given to him on the
subject .. .. .. .. .
Objections of Her Majesty's Government to
the Treaty as modified by the United States'
Government. Inclosing a Draft of an
amended Treaty to be submitted to the
United States' Ġovernment ...
Ratification of the Treaty signed in London
with the Honduras Minister. Anticipated
rejection of the Conventions .. .. ..
Inclosing full powers for the negotiation of the
Central American Treaty, and for any other
negotiations which he may be instructed to
make .. .. .. .. .. ..
Conversation with General Cass respecting the
rejection of the modifications in the Central
American Treaty. English version of the
Treaty not likely to be accepted. Objec-
tions of the United States' Government to
the clause in the Treaty with Honduras
relating to slavery .. .. ..
Refusal of Honduras to ratify the Conventions
signed by Señor Herran. Proposed modifi-
cations in them .
Interview with the President, and conversation
with him respecting the Central American
Treaty . .. .
Inclosing a copy of a note addressed to General
Cass, explaining the reasons of Her Ma-
jesty's Government for rejecting the modi-
fications introduced into the Central Ame-
rican Treaty by the United States' Govern-
ment, and forwarding a Draft of the Treaty
as amended by the British Government.
Correspondence with General Cass respect-
ing the Convention with Honduras relative
to the Bay Islands .. ..
Wyke
11. To Lord Napier
..Apr. 24,
12. Jord Napier ..
.. May 3,
13. Mr. Wyke
..
..!
14. Lord Napier
.
15. ,
,
..
..
al
2
TABLE OR CONTENTS.
Page
44
52
: :
No. o
Date.
SUBJECT.
16. To Lord Napier . .. May 28, 1857 | Approval of his language to the President and
General Cass respecting the Central Amea
rican Treaty ....vi ... . . .
17. Lord Napier .. .. June 7, Note from General Cass, rejecting the Draft
Treaty proposed by the British Government,
and justifying the conduct of the Govern-
ment of the United States. ...
18. „ „ . .
Conversation with the President relative to the
transit route across Central America .
19. „ „ .. ..
Probability of an attempt being made to set
aside the Clayton-Bulwer Treaty .. ..
20. To Lord Napier .. July
Views of Her Majesty's Government respect-
ing the transit route .. .. .. ..
21. Lord. Napier .. .. Aug. 2, Has communicated to General Cass the views
of Her Majesty's Government respecting
the transit route .. ... .
22. To Sir W. G. Ouseley . Oct. 30, Instructions on appointment as Special Com-
missioner to proceed to Central America ..
23. To Lord Napier
Notifying the appointment of Sir W. G. Ouse-
ley. He is to proceed, in the first instance,
to Washington ...
24. Lord Napier .. .
Negotiations between the United States and
Nicaragua relative to the San Juan transit
route. Claims of Costa Rica to the use of
the River San Juan. Note addressed to
General Cass respecting the relations be-
tween Costa Rica and Nicaraglia, the transit
route, and the protection of the Central
American coasts from lawless invasion. ..
25. „ .. .o 22 Reply of General Cass to the note addressed
to him respecting the transit route and state
of affairs in Central America. Circular
issued by the Government respecting the
projected expedition to Central America ..
26. )
Conversation with the President respecting
1
the appointment of Sir W. G. Ouseleyi.
Further conversation with the President re-
specting the proposed ncgotiations in Cen-
tral America .. .. .. ..
28. »
Conversation with General Cass respecting the
Clayton-Bulwer Treaty. Objections raised
by him to submitting the questions at issue
to arbitration
.. ..
..
29.
29. „ o ..
Calling attention to the declarations of the
President respecting the objects of Sir W.G.
Ouseley's Mission. Suggesting that it might
be advisable to renew the proposal of refer-
ring the questions arising from the Clayton-
Bulwer Treaty to arbitration . . 63
30. To Lord Nap'er Nov. 13, Approval of his language to General Cass re-
specting arbitration. Instructions forinally
to renew the offer to refor the questions at
issue to the decision of any European
Power selected by the United States' Go-
vernment . .. ..
.
31. To Sir W. G. Ouseley .
Instructions respecting the negotiations with
Honduras relative to the Bay Islands
32. To Lord Napier
20, Explaining the views of Her Majesty's
Government with regard to the Clayton-
Bulwer Treaty and the mission of Sir W. G.
Ouseley .. .. ..
33. To Mr. Wyke ..
Notifying the appointment of Sir W. G.
Ouseley ..
34. Lord Napier .. .
Departure of an expedition under Walker
destined for the Central American coast.
Steps taken by the United States' Govern-
ment .. .. .. .. .. ..
35. Sir W. G. Ouseley
Reporting his having been introduced to
General Cass and presented to the President
3€. Lord Napier. .
Arrival of Sir W. G. Ouseley, and his presen-
tation to the President. A Memorandum
on the objects of his mission to be drawn up
by Sir W. G. Ouseley for communication to
the United States' Government .. .. 168
37. . . . .
Conversation with General Cass respecting the
Treaty between the United States and Nica-
ragua for the protection of the San Juan
transit route ..
..1 68
:
64
:
TABLE OF CONTENTS.
No.
Page
| 72
24,
13,
178
Date.
SUBJECT.
38. To Lord Napier . Dec. 1), 1857 Approval of his proceedings with regard to
communicating to the United States' Govern-
ment the objects of Sir W. G. Ouseley's
mission .. .. ..
169
...
39. „ „ . 11, Approving language to General Cass respecting
the Treaty for the protection of the San
Juan transit route. Her Majesty's Govern-
ment do not think it necessary to interfere ..
170
40. Lord Napier. .. Nov. 30, Inclosing a copy of a note addressed to General
Cass explaining the objects of Sir W. G.
Ouseley's mission, and the nature of the
proposed negotiations in Central America ..
41. „ „ .. .. Dce. 7, | Transmitting a copy of a note addressed to
General Cass, inclosing a copy of the Earl
of Clarendon's despatch of the 20th of
November, explaining the views of Her
Majesty's Government with regard to the
Clayton-Bulwer Treaty and Sir W. G.
Ouseley's mission .. ..
42. „ „ .. . 7, Reporting having repeated the offer to refer
the Clayton-Bulwer Treaty to arbitration.
Communications with General Cass on the
subject
73
43. To Lord Napier
Approval of his having communicated to
General Cass the despatch explaining the
views and intentions of Her Majesty's
Government with regard to the Clayton-
Bulwer Treaty and Sir W. G. Ouseley's
mission
44.
24, Approval of his note to General Cass respect-
ing Sir W. G. Ouseley's mission ..
45. Lord Napier .
Observations on the language in the President's
Message respecting the Central American
negotiations .. .. :
46. To Lord Napier .. Jan. 22, 1858 Cannot make any proposal to the United States'
Government respecting the Clayton-Bnlwer
Treaty, until an answer is received to the
proposal to refer the question to arbitration ..
47. Lord Napier .
Reporting having stated to General Cass the
views of Her Majesty's Goverrment respect-
ing the Nicaraguan Treaty for the protection
of the transit route, and the opportunity
afforded by the defeat of Walker, and the
language of the President regarding it, for
Her Majesty's Government to make a more
definite communication respecting the objects
of Sir W. G. Ouseley's mission ..
18. To Lord Napier
Instructing him to explain his language to
General Cass respecting Sir W. G. Ouseley's
mission
49. Sir W. G. Ouseley . 16, Conversation with the President l'especting
filibustering attempts on Central America ..
50. „
. 16, Conversation with the President respecting
the recent Treaty with Nicaragua .. ..
51. To Sir W. G. Ouseley . Feb. 4, Satisfaction of Her Majesty's Government at
the language of the President respecting
filibustering projects .. .. .. ..
52. Lord Napier.
State of the Central American Question. In-
closing copy of a note to General Cass
requesting a reply to the communications
made to him regarding the mission of Sir
W. G. Ouseley, and the proposal to refer
the Clayton-Bulwer Treaty to arbitration ..
53. „ „ .. .
Explaining his language to General Cass re-
specting Sir W. G. Ouseley's mission ..
54. T, Lord Napier
Her Majesty's Government not prepared to
take any steps respecting the Clayton-Bulwer
Treaty, until an answer is returned to the
proposal for arbitration .. .. ..
55. Lord Napier ..
Explanation of General Cass respecting the
delay of the Government in replying to the
overtures made by the British Government..
50. 12
""
Reporting his communications with General
Čass relative to the abrogation of the Clay-
ton-Bulwer Treaty..
57. 3 »
Further communications with General Cass
.
relative to the abrogation of the Clayton-
Bulwer Treaty.
:
TABLE OF CONTENTS.
Date.
No.
58. To Lord Napier
..Apr. 8, 1858
59. Lord Napier
..
.. Mar. 28,
86
60.
»
..
.Apr. 12,
61. Cousul Green .
. May 4,
.. June
8,
62. To Admiralty ..
63. To Lord Napier
..
64. To Sir W. G. Ouseley - July 15,
65. Lord Napier .. . 28,
66. To Sir W. G. Ouseley . Aug. 9,
67. „ „ .
68. , . .
100
စာ ၏
69. „
.
70. To Mr. Wyke . ..
71. To Sir W. G. Ouseley.
72. From Admiralty
“ “ “
SUBJECT.
Page
Views of Her Majesty's Government with
regard to the Clayton-Bulwer Treaty and
the affairs of Central America . . . .
Has communicated to the United States' Go-
vernment copies of his despatches respecting
the Clayton-Bulwer Treaty. Promise of
General Cass that the attention of Govern-
ment shall be devoted without delay to the
affairs of Central America , o ..
Copy of General Cass's reply to the overtures
made by the British Government for the
settlement of the Central American Question.
Note addressed to him in reply .. ..
Reporting attempt by Colonel Kinney to
hoist the Nicaraguan flag at Greytown, and
to appoint bimself Governor, . ..
Necessity for a British ship of war to visit
- Greytown at intervals. ..
Inclosing copy of the letter to the Admiralty
respecting a ship of war being sent to Grey-
town . . . .
Instructing him to proceed forthwith to Central |
America
Conversations with General Cass respecting
the abrogation of the Clayton-Bulwer Treaty
Instructions as to his negotiations with Nica-
ragua..
Instructions as to his negotiations with Costa
Rica..
112
Instructions in case of the Nicaraguan or
Costa Rican Governments desiring any
alteration in the Treaties he is directed to
negotiate. Her Majesty's Government
expect the negotiations to be terminated by
the end of the year . . . . . . 120
Instructions as to the course to be pursued
towards the. Mosquito King .. ,.
120
Instructions on Sir W. G. Ouseley proceeding
to Central America .. ..
Copy of the abore instructions to Mr. Wyke .
Extract from a letter from Vice-Admiral Sir
H. Stewart on the state of affairs at Grey-
town .. .. .. .. ..
Instructions to be given to Sir H. Stewart for
the guidance of the Senior Naval Officer on
the Central American station
123
Copy of the instructions given for the guidance
of the Senior Naval Officer on the Central
American station ..
Her Majesty's Government of opinion that in
consequence of the declaration of General
Cass respecting the abrogation of the
Clayton-Bulwer Treaty, any further over-
tures on the subject must be left to the
Cabinet of Washington to originate. To
communicate this to General Cass.. .. 123
Instructions as to communicating to the United
States' Government the intentions and
objects of Her Majesty's Government in the
mission of Sir W. G. Ouseley to Central
America
124
Modification to be made in the Treaty in the
Article respecting Greytown, should the
Nicaraguan Government object to the one
previously proposed ..
Copy of the instructions dated the 14th instant
given to the Senior Naval Officer on the
Central American coast .
..
Necessity for his negotiations being concluded
by the end of November ..
Reporting having communicated to General
Cass the instructions given to the Senior
Naval Officer on the Central American
station
73. To Admiralty ..
:
+
74. To Lord Napier
:
၆
123
75. . .
:
ထံ
:
76. . „
:
18
77. To Sir W. G. Ouseley.
78.
„
„
.
79. „ :
80. Lord Napier,
.Sept. 9,
TABLE OF CONTENTS.
81. Lord Napier ..
Date.
.. Sept. 9, 1858
82.
,
.
..
..
17,
../ 126
83.
1
• •
84.
»
1
..
85. To Lord Napier
.. Uct. ,
...129
A
86.
„
.
.
| 129
_
87. To Earl Cowley
_
88, To M. Marcoleta
89. To Admiralty
90. To Consul Green
SUBJECT.
Page
Reporting having communicated to General
Cass the views of Her Majesty's Govern-
ment respecting the affairs of Central
America . .
. 126
Reporting having communicated to General
Cass the substance of the instructions given
to Sir W. G. Ouseley regarding his negotia-
tions with Nicaragua and Costa Rica.
Conversation with General Cass on the
subject
Conversation with M. Xeres, the Nicaraguan
Envoy, respecting the modifications desired
by the Nicaraguan Government in the
Treaty recently signed with the United
States is
..... . .. 128
..
Reporting the desirability of a Nicaraguan and
Costa Rican force being stationed at Punta
Arenas to call in foreign assistance in case
of a renewed filibustering expedition .. 129
Instructions respecting his communications to
the United States' Government with regard
to Sir W. G. Ouseley's mission ..
Instruction to represent exactly to the United
States' Government the instructions he has
received respecting the Bay Islands and
Honduras .
. ..
Instructing him to request the co-operation of
the French Government for the protection
of the Central American coast against fili-
busters
Instructions given to Her Majesty's naval
forces to assist in the protection of the
Nicaraguan coast against filibusters..
Instructions as to the defence of the Central
American coasts against filibusters . . . .
Copy of the instructions given to Her Majesty's
naval officers respecting filibustering expedi-
tions. Advice to be tendered to the Nica-
raguan Government at Punta Arenas . 131
Instructions given to Her Majesty's naval
officers and Consul Green respecting filibus-
tering expeditions. Copy of the despatches
to Earl Cowley and M. Marcoleta on the
subject .. ..
131
Sir W. G. Ouseley will be instructed to accede
to the wishes of the Nicaraguan Government
as to the transit of troops and protection of
the route across Nicaragua. Instruction not
to consult or ask the advice of the United
States' Government in such matters
132
Authorizing him to introduce certain altera-
tions into the Nicaraguan Treaty respecting
the transit route .. .. .. ..
Instructions to secure the right of transit for
British troops by the Nicaraguan route .
Copy of the instructions given to Consul Green
respecting filibustering expeditions .. ..
Copies of instructions to Sir G. W. Ouseley
respecting the Nicaraguan transit route ../ 133
In case of modifying the Articles in the Nica-
raguan Treaty respecting the transit route,
Great Britain to be placed on the footing of
the most-favoured nation .. .. .. | 133
Instructing him to hasten his negotiations ..
Conversation with Mr. Dallas respecting filibus-
tering expeditions . . . . . .
Negotiations between Nicaragua and the United
States respecting the transit route .. .. 134
Advice to be tendered to the Nicaraguan
Government respecting the negotiations
with the United States regarding the transit
l'oute .. .. .. . .. ..
Her Majesty's Government can give no terri-
torial guarantee to the Governments of
Nicaragua or Costa Rica in
135
91. To Lord Napier
92.
„
„
.
93. To Sir W. G. Ouseley
| 132
94. „
95. To Admiralty
96. To Lord Napier
97. To Sir W. G. Ouseley
134
98.
99. To Lord Napier
134
100. Lord Napier ..
101. To Sir W. G. Ouseley
Nov. 10,
135
102.
.
.
.
16,
vii
TABLE OF CONTENTS.
No.
03. To Lord Napier
Date.
Nov. 18, 1858
104. Lord Napier ..
105. , „ ..
137
106.
„
„
.
.
9,
137
107. To Lord Napier
108. Mr. Wyke .
..Sept.
109. To Lord Napier
.
139
110.
„
„
.
26,
111. Lord Napier ..
142
112.
,
.
.
. SUBJECT.
Page
To state to the United States' Government
that Her Majesty's Gorernment do not
intend to give any territorial guarantee to
the Nicaraguan or Costa Rican Govern-
ments ...
. .. 136
Proclamation issued by the President against
filibustering expeditions . . .. 136
Reporting a statement made by General Cass
respecting the determination of the United
States' Government to secure the right of
sending forces for the protection of the
transit route .. .. .. .. ..
Interview with General Cass, and conversation
with bim respecting the intention of Her
Majesty's Government to protect the Central
American coasts against filibusters. His
objections to such a proceeding ..
Satisfaction of Her Majesty's Government at
the proclamation issued by the United States'
Government against filibusters .. 139
Receipt of the notification of Sir W. G. Ouse-
ley's departure for Central America. Will
be ready to give him every information and
assistance . ..
.
139
Justifying the conduct of Her Majesty's
Government with regard to fililustering
expeditions ...
Conversation with Mr. Dallas respecting the
intention of Her Majesty's Government to
protect the Central American coasts against
filibusters . . . .
141
Interview with General. Cass, and conversa-
tion with him respecting the protection by
the British Government of the Central
American coasts. Remarks on the bearing
of the Clayton-Bulwer Treaty on the ques-
tion . . . . . . . . . . . . .
Inclosing note froin General Cass on the sub-
ject of the Central American negotiations.
Explaining his conduct in the matter ..
Approving the line of argument pursued by
him respecting the British protection of the
Central American coasts against filibusters . 154
Conversation with General Cass respecting the
limited nature of the instructions to Sir
W. G. Ouseley .. .. .. .. 1
Observations on General Cass' note respect-
ing the Central American negotiations.
Intentions of the British Government with
regard to Sir W. G. Ouscley's mission . 155
Course Her Majesty's Government propose to
adopt for the settlement of the various
questions arising from the Clayton-Bulwer
Treaty
Proceedings of the United States' Government
for the prevention of filibustering expedi-
159
Interview with the French Minister. Policy
of France towards Central America
159
Inclosing a copy of Lord Napier's despatch
respecting the policy of France towards
Central America, and of the despatches to
and from him respecting the language to
be used by him respecting British protection
against filibustering expeditions ;
Rumours of a filibustering expedition being in
preparation .. ..
Measures taken by the American Naval Com-
mander at Greytown for the frustration of
filibustering expeditions .. .. .. 160
Mr. Wyke to take his place in case of his
being attacked by illness . . . .
Iustructing him to take Sir W. G. Ouseley's
place in case of his being attacked by illness.
· Mr. Synge to continue to act as Secretary to
the Mission .. .. .. .. ..
Pressing the conclusion of the Treaties with
Nicaragua and Costa Rica ..
144
113. To Lord Napier
.. Dec.
114. Lord Napier ..
.. Nov.
115. To Lord Napier
.
Dec.
8,
116.
„
„
.
8,
158
117. Lord Napier ..
.. Nov. 27,
tions
.
.
. .
. .
118. ., . . .
119. To Sir W. G. Ouseley
28,
Dic. 15,
120. Sir W. G. Ouseley
.. Nov. 17,
121.
2
»
122. To Sir W. G. Quseley | Dec. 16,
123. To Mr. Wyke . . 16,
124. To Sir W. G. Olseley
16,
TABLE OF CONTENTS.
No.
Date.
.. Dec. 4, 1858
125. Lord Napier ..
161
126.
1.
»
.
162
127. To Lord Napier
128. Lord Napier ... .
129. To Sir W. G. Ouseley
130. Lord Napier ...
131.
„
„
.
.. Jan.
2, 1859
132. Mr. Wyke
..
.. Nov, 23, 1858
133. Sir W. G. Ouseley ..Dec. 28,
134. To Sir W. G. Duseley
Feb. 12, 1859
135. To Lord Lyons
15,
Sir W. G. Ouseley .. Jan.
137. To Sir W. G. Quseley
Feb. 16,
SUBJECT.
Page
Suspicions entertained in the United States
regarding the policy of Great Britain and
France in Central America ...
Iuterview with the President. Conversation
with him respecting the policy of the United :
States towards Central America ..
Views of Her Majesty's Government respect-
ing the transit route ..
Departure of a filibustering expedition under
Walker .
e i
.. 163
Transmitting full power for Mr. Wyke to act
· as negotiator in case of Sir W. G. Ouseley's
illness .
..
164
Reporting having communicated to General
Čass the intentions of Her Majesty's Govern-
ment with regard to the Central American
negotiations .. .. .. .. .. 164
Reporting having been informed of the satis-
faction felt by the Cabinet at Washington at
the explanation of the intentions of the Bri-
tish Government with regard to the Centra
American negotiations . .. .. 165
Satisfaction expressed by the Guatemalan
Government at the promise of British pro-
tection to prevent the landing of filibusters 165
Reporting his arrival in Nicaragua, and presen-
tation to the President. Speech delivered
by him on the occasion
166
Instructing him not to hesitate in transferring
the conduct of negotiations to Mr. Wyke, in
case of his being prevented by illness from
carrying them on
. . .. 167
Statement of the policy and intentions of Her
Majesty's Government with regard to the
Central American question ..
| 167
Appointment of Don Pedro Zeledon to nego-
tiate with him. Correspondence respecting
the Mosquito question .
Disapproving his having made the Mosquito
Convention subordinate to the General
Treaty. Importance of concluding the Mos-
quito Convention. One Treaty cannot be
ratified without the other .. .. ..
Notifying the appointment of Mr. Wyke to
negotiate a Convention with Guatemala for
the definition of the boundary of British
Honduras. To forward to him the full powers
previously sent. Copy of Mr. Wyke's
instructions .. .. .. .. .
171
Instructions on appointment as Plenipotentiary
to negotiate a Convention with Guatemala
for the definition of the boundaries of
British Honduras .. ..
Explanation respecting the line of boundary
between Guatemala and British Honduras
proposed by Her Majesty's Government ..
Reporting having communicated to General
Čass the views of Her Majesty's Govern-
ment respecting the transit route .. ..
Instructions given to Mr. Wyke for his nego-
tiations with Guatemala .. . .
Copy of the President's reply to his speech on
the delivery of his credentials
Progress of his negotiations. Alterations he
has agreed to in the Treaty
Copies of correspondence with the Foreign
Minister of Costa Rica ..
Reporting the signature of the General Treaty.
Reporting the modification adopted in Article
XX of the General Treaty .. ..
Intelligence respecting the movements of the
filibusters. Copies of correspondence with
the Nicaraguan Government on the subject.
Intentions of United States' officers regarding
the filibusters. Note from Señor Zeledon
requesting British assistance ..
Correspondence with Señor Zeledon respecting
the Mosquito Convention on
170
138.
„
„
.
16,
139. To Mr. Wyke .
140.
?
»
...
141. Lord Napier ..
..Mar. 1,
142. To Lord Lyons
143. Sir W. G. Ouseley
:
144.
:
145.
:
146.
147.
: :
148.
:
•
149.
:
150.
»
.
:
TABLE OF CONTENTS.
No. :
Date.
151. Sir W. G. Ouseley .. Jan. 26, 1859
152.; „ „ . Feb. 1,
153. To Sir W. G. Ouseley Mar. 16,
.
../ 195
154.
»
.-
155.
„
.
156. To Lord Lyons
157, Sir W. G. Ouselev.. Feb.
3,
158. '
159.
. .
•. .
.
.
.
160. „
161. To Admiralty
162. To Sir W. G. Ouseley
SUBJECT.
Page
Forwarding the Treaty of Friendship, Com-
: merce, and Navigation, signed on the 18th
January .. ..
. . . 186
Copy of the Treaty, showing the alterations
introduced into it :
186
Instructions to return when the Treaties with
Nicaragua and Costa Rica are concluded.
They cannot be ratified without the Mosquito
Convention ..
Observations on the Treaty signed by him with
Nicaragua. The alterations such that the
Treaty cannot be ratified. Inclosing amended
Draft of Treaty to be submitted to the
Nicaraguan Government . .. . 195
Necessity for the conclusion of the Mosquito
Convention. The General Treaty cannot
be ratified without it.
.
.. 204
Correspondence with Sir W. G. Ouseley re-
specting his negotiations with Nicaragua .. 205
Delay in settlement of the Mosquito Conven-
tion. Intention to proceed to Costa Rica .. 205
Reply given to Señor Zeledon's request for pro-
tection against filibusters or .. .. 206
Difficulty in the negotiation of the Mosquito
Convention on account of the anticipated
filibustering attack. Despatch to Commander
Lambert respecting the filibusters. Notifi-
cation to Señor Zeledon of his intended
departure for Costa Rica ..
206
Ratification by Nicaragua of the Treaty signed
on the 18th January ... ..
208
Importance of a naval force being stationed on
the Central American coasts for their protec-
tion against filibusters during the progress
of negotiations. . .
209
Copy of above letter to the Admiralty, respect-
ing the presence of a naval force on the
Central American coasts . . . . . . .
209
Remarks on the delay in the negotiation of the
Mosquito Convention. To press for its
conclusion. Not to admit important altera-
tions in the Treaties .. .. ..
209
.
Announcing his intention to avail himself of the
leave of absence granted him by the Earl
of Clarendon on account of ill health. .. 210
Requesting him to remain in Central America
if possible . . . . . . . . . 210
Instructing him to return as soon as the Treaties
are signed ..
210
Requesting to be informed whether the Nica-
raguan Treaties have been received with the
ratifications, and of the terms of the Postal
Treaty. .
211
Dissatisfaction of the United States' Govern-
ment at the Treaty signed by Sir W. G.
Ouseley with Nicaragua ..
Explaining the steps taken by Her Majesty's
Government with regard to the clauses intro-
duced by Sir W. G. Ouseley in the Nica-
raguan Treaty and the delay in concluding
the Mosquito Convention ..
Reply to his questions respecting the Nicara-
guan Treaties. . . . .
Instruction respecting M. Belly's canal project
and the arrest of American citizens, and
seizure of steamers belonging to the White
Company . . . .
Copy of the instruction to Sir W. G. Ouseley
respecting M. Belly and the arrest of
American citizens, and seizure of steamers
belonging to the White Company . .. | 214
Remarks made by the President respecting the
Central American question on the occasion
of his presenting his letters of recall .
214
163.
.
164. Mr. Wyke ..... Feb.
165. To Mr. Wyke . .. Apr. 16,
166. To Sir W. G. Ouseley
167. M. de Marcoleta
168. Lord Napier ..
169. To Lord Lyons
170. To M. de Marcoleta.
171. Țo Sir W. G. Ouseley
172. To Lord Lyons
173. Lord Napier.
.
TABLE OF CONTENTS.
No.
Date.
174. General Cass to Mr. Apr. 12, 1859
Dallas
175. To Sir W. G. Quseley
224
176. Sir W. G. Ouseley ., Mar. 30,
177.
178.
179.
:. Apr. 1,
180.
181.
:
„
»
„
231
:
182.
183.
184. Consul Wallis'.
: : :
Mar.
233
185. Lord Lyons ..
Apr. 18,
stions
186. To Lord Lyons
May 6,
187.
188. To Sir W. G, Ouseley
·
189. Lord Lyons ..
..Apr. 25,
190. To Lord Lyons
SUBJECT.
Page
Observations on the state of the Central
American negotiations. Dissatisfaction of
the United States' Government. Instructions
given to United States' Envoy in Central
America . .. .. . ..
215
Interview with Mr. Dallas respecting the
Central American negotiations. Pressing
for the conclusion of the Treaties.
Correspondence with Señor Zeledon respecting
the Mosquito Convention ..
225
Movements of Walker and the filibusters
229
Explaining the delay in his negotiations 230
Similarity of the Frenchand English instruc-
tions to the Naval Commanders respecting
filibusters
231
Views of the President of Costa Rica respect-
ing the negotiations .. .. ...
Delay in conclusion of the Mosquito Convention
owing to the embarrassment caused to the
Nicaraguan Government by the filibusters .. 231
Presentation to the President of Costa Rica.
Address on the occasion ..
232
Reports having sent the full powers to Mi, lyke. 233
Reporting the movements of Walker and the
filibusters .. .. .. .. ..
Conversation with General Cass respecting Sir
W.G. Ouseley's negotiations
234
To call the attention of the United States
Government to the impediments to negotia-
tion caused by the filibusters
.. .. 234
Copies of General Cass' note of the 12th
ultimo, and of the instructions to Sir W. G.
Ouseley of the 30th, respecting the Cen-
tral American negotiations .. .. ..
Reply to his explanations respecting the delay
in his negotiations .. .. .. ..
Interview with General Cass. Conversation
with him respecting the Central American
question . . . . .
Copies of correspondence with Sir
.
W. G.
Ouseley respecting the delay in his negotia-
tions .. ..
.. 236
Announcing the receipt of the ratified Treaty
from Nicaragua .
. ..1 237
Acknowledging his letter of the 11th instant.
Her Majesty's Government have returned
the Treaty to Nicaragua for certain amend-
ments
,. ..
237
Correspondence with M. de Marcoleta respect-
ing the Nicaraguan Treaty .. .. .. 238
Reply of the President of Costa Rica to the
address delivered to him ..
238
Acknowledging the receipt of instructions for
the negotiation of a Convention relative to
the boundary of Guatemala and British
Honduras. Has consequently postponed
his departure on leave of absence in .. 239
Reporting having communicated to General
Cass the steps taken by the British Govern-
ment respecting the Nicaraguan Treaty 239
Reply to the proposals of the Nicaraguan
Government respecting the Mosquito Con-
vention ..
240
Reports having communicated to the United
States' Government the instructions to Sir
W. G. Ouseley relative to M. Belly, and
the seizure of the White Company's steamers
| 241
Interview with President Mora. Correspond-
ence with him and with Señor Zeledon
respecting the Mosquito Convention .. 241
Observations on the proposals of the Nicara.
guan Government respecting the Mosquito
Convention .. .. . .. .. 245
Departure of President Mora to meet President
Martinez at Rivas, to be present at the
inauguration of the canal works undertaken
by M. Belly ..
.. .. .. 246
.. May
191. M. de Marcoleta
192. To M. de Marcoleta ..
193. To Sir W. G. Ouseley
194. Sir W. G. Ouseley.. Apr. 6,
195. Mr. Wyke . .. Mar. 31,
.
196. Lord Lyons ..
..May 10,
197. To Sir W. G. Ouseley
voluit
..
.
.
198. Lord Lyons ..
.
199. Sir W. G. Ouseley.. Apr.
200.
„
„
.
201.
201.
„
„
.
b 2
xii
.
TABLE OF CONTENTS.
Date.
26
:
:
249
:
208. Mr.
;
Apr. 28,
;
No. 1
SUBJECT.
Page
202. Sir W. G. Ouseley ..Apr. 28, 1859 Explanations respecting the delay in the con-
clusion of the Mosquito Convention.. .
203. Lord Lyons .. .. May 23, Reporting having read to General Cass Sir
W. G. Ouseley's despatch respecting the
filibusters .. .. . .
248
..
204. To Sir W. G. Ouseley June 8, Approving the steps he has taken to hasten the
conclusion of the Mosquito Convention .. 248
205. Lord Lyons .. .
Conversations with the President and General
Cass respecting Walker's expedition.. .. 248
206. „ . . . 30, Progress of the negotiations between the
United States and Nicaragua
207. 1
Requesting instructions as to communicating
19
to the United States' Government the inten-
tions of the British Government with regard
to negotiations with Honduras .. .. 250
Wyke .. .
Refusal of Nicaragua to ratify the Mosquito
Convention .. .. .. ..
250
209. » „ . .
Reporting the signature of a Convention with
Guatemala relative to the boundary of British
Honduras . .
250
210. „ „ .. .. May Is obliged to return to Europe on account of
ill health .. ..
.. .. .255
211. To Lord Lyons .. June
Intentions respecting negotiations with Hondu-
ras. In consequence of Mr. Wyke's return
on leave of absence, they must be delayed .. | 255
212, Sir W. G. Duseley ..
Copy of a note to Señor Zeledon respecting the
Mosquito Convention
213. To Acting Consul-
Ratifications of the Honduras Boundary Con-
General Hall
vention .. .. . .. .
214. » »
Instructing him to communicate to the Guate-
••
malan Government the satisfaction of the
British Government at the conclusion of the
Ilonduras Boundary Convention. To in-
quire how the stipulation respecting the con-
struction of a road to the Atlantic should be
carried out .. .. ..
257
To inform the Superintendent at Belize as soon
as the ratifications of the Honduras Boundary
Convention are exchanged .. .. .. 257
216. To Lord Lyons
Forwarding a copy of Mr. Wyke's despatch
inclosing the Honduras Boundary Conven-
tion .. .. .. .. .. ..
257
217. Tord Lyons .. .. June 21, Conversation with General Cass respecting the
apprehensions of the Nicaraguan Govern.
ment of being unable to protect Mosquitia
against filibusters, and their consequent
unwillingness to concluule the Mosquito Con-
vention ..
.
258
218. . » „ .. .. July 5, Will communicate to the United States'
Government the reasons for the delay in the
Central American negotiations .. .. 258
219. „ „ . .
Conversation with General Cass respecting the
Central American negotiations .... 259
220. Sir W. G. Ouseley .. June 7, Correspondence with Señor Zeledon respecting
the rejection of the Mosquito Convention by
the Nicaraguan Senate ..
259
221. „
.
Copy of a note to Señor Zeledon, forwarding
the draft of the General Treaty as amended
by the British Government ..
263
222. Lord Lyons .. .. July
Interviews with the President and General
Cass. Anxiety expressed by them for the
speedy settlement of the Central American
negotiations .. .. . .. .. 263
223. To Lord Lyons .. Aug. 4, Views of Her Majesty's Government respecting
the Central American question. Another
mission to be sent out . . . .
224. Lord Lyons ..
Conversation with General Cass respecting the
Honduras Boundary Convention .
267
225. To Mr. Wyke .
Appointment on a special mission to Central
America, in the place of Sir W. G. Ouseley. 268
226. „ „ . .
Instructions as to negotiations with Honduras;
inclosing Draft Treaty .. .. ..
269
227. »
Instructions as to negotiations with Nicaragua..
As to the protection to be afforded by the
British naval forces against filibusters during
his mission ..
,
280
229. 2 os
Intelligence of importance to be communicated
to Her Majesty's Minister at Washington .. 250
266
272
228.
»
TABLE OF CONTENTS.
xiii
Page
No.
Date.
230. To Mr. Wyke . .. Aug. 15, 1859
231. To Sir W. G. Ouseley 15,
232. To Admiralty . . 16,
233. To Lord Lyons .
234. Sir W. G. Ouseley .. June 28,
235.
„
236.
»
' ..
.. July
July
1,
1,
237,
238. To Sir W. G. Ouseley Aug. 18,
239. To Mr. Wyke .
240. To Lord Lyons
241. Lord Lyons ..
287
242.
„
„
.
.
243. Sir W. G. Ouseley .. July 26,
244. „ .
245. Lord. Lyons ..
. 26,
..Sept. 5,
SUBJECT.
Copy of the despatch addressed to Sir G. W.
Ouseley on his recall. .. ..
281
Notifying his recall, and the appointment of
Mr. Wyke as his successor .. ..
281
Appointment of Mr. Wyke to succeed Sir
W. G. Ouseley. Instruction to be given to
the Commanders of Her Majesty's Haval
forces on the Central American Station .. 282
Copy of the Honduras Boundary Convention,
for communication to General Cass.. .. 282
Explanations respecting the alarm entertained
by the Nicaraguan Government of attacks of
filibusters .. .. .. .. .. 283
Copy of a note addressed to him by Señor
Toledo, requesting the protection of the
British naval forces against filibusters ..
283
Reporting the state of negotiations .. 285
Dangerous illness of Señor Toledo. Don
Lorenzo Montufar appointed Pleuipotentiary
in his place ..
285
Unsatisfactory state of his negotiations. To
cease from all further negotiation, and to
return to Englaud without delay ..
. ..286
..
Copy of above instruction to Sir W. G. Ouseley 287
Notifying the recall of Sir W. G. Ouseley, and
the appointment of Mr. Wyke .. . 287
Interview with the President. Observations
made by him respecting the delay in the
Central American negotiations .. ..
Reports having communicated to General Cass
the intentions of Her Majesty's Government
respecting the negotiations in Central Ame-
rica . . . . . .
.. .. 289
Copies of two notes from Señor Zeledon
respecting the Mosquito Convention, together
with his reply .. ..
289
Influence of Costa Rica in the arrangement of
the Mosquito Convention .
292
Reporting having communicated to General
Cass the appointment of Mr. Wyke. Mr.
Dimitry, the United States' Plenipotentiary,
about to sail for Central America. Has
given General Cass a copy of the Honduras
Boundary Convention .. .. .. 293
Copy of Lord Lyons' despatch respecting his
appointment to succeed Sir W. G. Ouseley
Progress of his negotiations respecting the
Mosquito Convention ..
294
Interview with General Cass respecting the
relations between the United States' and
British Plenipotentiaries in Central America | 294
Reporting the attempts of Walker and a party
of filibusters to set out on an expeliticn
against Nicaragua ..
r.
1295
Measures taken by the United States' Govern.
ment to arrest the progress of Walker's ex-
pedition
297
Explanations respecting the delay in his nego-
tiations
297
Approving his having proceeded to Guatemala.
Trust that he will lose no time in repairing
to Nicaragua .. ..
Copies of the instructions to Mr. Wyke . 299
His arrival at Guatemala. Intended more-
ments ..
..
Exchange of the ratifications of the Honduras
Boundary Convention
Copy of a note from the Guatemala Plenipoten-
tiary respecting the Honduras Boundary
Convention. Desirable that engineers should
be sent to survey the projected road to the
Atlantic
Copy of Mr. Wyke's despatch reporting his
arrival at Guatemala and intended more-
ments..
Reception by the President of Guatemala.
Addresses delivered on the occasion
246. To Mr. Wyke . od
247. Sir W. G. Ouseley ..
248. Lord Lyons . .
23,
1,
294
:
249.
„
„
..
:
250. „
.
..
..
251. Sir W. G. Ouseley ..Sept. 29,
252. To Mr. Wyke . .. Nov. 16,
299
253. 'To Lord Lyons
254. Mr. Wyke ..
23,
.. Sept. 30,
299
255. Acting Consul.General
Hall
256. , , .. ..
votion
..
300
20,
257. To Lord Lyons
.. Nov. 24,
258. Mr. Wyke .
.
Oct. 11,
Xiv
TABLE OF CONTENTS.

No.
Page
Date.
.. Oct. 22, 1859
259. Mr. Wyke
.
.. Nov. 23,
. 28,
304
260. „ „ .
261. , , .
262. To Mr. Wyke .
263. Lord Lyons ..
Jan. 9, 1860
Dec. 26, 1859
306
264. Mr. Wyke ..
.. Nov. 29,
307
266. T. Mr"Wyke
267. Mr. Wyke ..
:: Jan.
. Dec. 24, 1859
Jan. 10, 1860
:
268. »
269.
?
..
SUBJECT.
Reporting that the Guatemalan Government
have urged on the Governments of Nicaragua
and Honduras the settlement of the questions
pending between them and Great Britain .. 304
Arrival at Comayagua, and reception by the
President of Honduras ..
Reporting having signed the Treaty with Hon-
duras . . . . . . . . . . .
306
Approving his proceedings ..
306
Has been informed by Mr. Wyke of the signa-
ture of a Treaty with Honduras, and has
communicated the intelligence to General
Cass .. .. .. ...
Inclosing the Treaty signed with Honduras.
Observations on the modifications introduced
into it . . . . . . . . . .
Intention to proceed to Nicaragua ..
310
Approving his proceedings with regard to the
Honduras Treaty .. ..
Arrival at Managua. Presentation to the
Acting President of Nicaragua .. .. 311
Progress of his negotiations ..
313
Inclosing a copy of the Convention signed with
Nicaragua relative to the Mosquito Indians,
and the rights and claims of British subjects.
Observations on the modifications introduced
into it..
314
Signature of the Commercial Treaty. Obser-
vations on the words “innocent use" intro-
duced into the Article respecting the transit
route. Inclosing the Treaty, and the original
of the Mosquito Convention.. ..
318
Ratification of the Honduras Treaty .. .. 320
Ratification of the General Treaty and the
Mosquito Convention. Modifications intro-
duced by the Congress . . . . . . 320
Receipt of the Nicaraguan Treaties. Approval
of his proceedings .. .. .. .. 324
Arrival in London to exchange the ratifications
of the Nicaraguan Treaties. Modifications
introduced into them.. .. .. ..
324
Instructions respecting the protection of the
Central American coasts against filibusters.. 328
Report of Walker and a party of filibusters
having sailed for the Bay Islands. A ship
of war should be sent there .. .
328
Copies of the Treaties concluded with Hon-
duras and Nicaragua, for communication to
the United States' Government .. .. 329
270. „
..
..Feb. 11,
271. ,
272. „
„
.
..
. Mar. 4,
.. Apr. 2,
273. To Mr. Wyke .
.
June 10,
July 24,
274. M. de Marcoleta
275. To Admiralty.
276. „
.
.
277. To Lord Lyons
. Aug. 4,
Correspondence respecting Central America : 1856–60.
No. 1.
Memorandum.
THE Undersigned, Her Britannic Majesty's Principal Secretary of State for
Foreign Affairs, and the Envoy Extraordinary and Minister Plenipotentiary of
the United States of America at London, having discussed the various questions
at issue between the Governments of Great Britain and of the United States
relative to Central America, have agreed upon the annexed Draft of a Treaty
and Separate Articles, which, they are of opinion, contain a settlement of those
questions fair and honourable to both parties, and which they accordingly recom-
mend to their respective Governments.
London, August 27, 1856.
(Signed) CLARENDON.
G. M. DALLAS.
Draft of Treaty between Great Britain and the United States of America.
HER Majesty the Queen of the United Kingdom of Great Britain and Ireland,
and the United States of America, being desirous to settle in a friendly manner
the questions which have come into discussion between them relative to Central
America, have resolved to conclude a Treaty for that purpose, and have named
as their respective Plenipotentiaries, that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, &c., &c. ;
And the President of the United States of America, &c., &c. ;
Who, after having communicated to each other their respective full-powers,
found in good and due form, have agreed upon and concluded the following
Articles :-
ARTICLE I.
Her Britannic Majesty and the United States of America agree jointly to
propose to the Republics of Nicaragua and of Costa Rica the arrangements
contained in the following Articles.
ARTICLE II.
A territory comprised within the following limits shall be set apart for the
Mosquito Indians :-
The boundary-line shall begin at the mouth of the River Rama, in the
Caribbean Sea, thence it shall run up the midcourse of that river to its source,
and from such source proceed in a line due west to the meridian of 84° 15' longitude
west from Greenwich; thence due north up the said meridian until it strikes the
River Wanx, or Segovia, and down the midcourse of that river to its mouth in
the sea at Cape Gracias á Dios; and thence southerly along the shore of the
Caribbean Sea to the mouth of the River Rama, the point of commencement.
The inland boundary shall be designated and marked out by two Commis-
sioners, to be appointed, one by Her Britannic Majesty, and one by the President
of the Republic of Nicaragua.
[239]
If, in making the survey for this purpose, there should be discovered any
natural boundary within fifteen English miles of the above-mentioned meridian
line, on the western side of such ineridian line, and extending the whole distance
from the River Wanx to the parallel of the River Rama, it shall be the duty of
the Commissioners to report the same; and such natural boundary shall be
adopted instead of the astronomical one.
ARTICLE III.
The Mosquito Indians, confining themselves within the territory designated
by the preceding Article, shall enjoy the right to make, by their national Council
or Councils, and to carry into effect, all such laws as they may deem necessary
for the government and protection of all persons within the same, and of all
property therein belonging to their people or to such persons as have connected
themselves with them. Their rights of property and of local government within
the territory defined as described in the preceding Article shall be recognized,
affirmed and guaranteed by the Republic of Nicaragua in Treaties to be made
by that State with Great Britain and the United States respectively; and the
Republic of Nicaragua in each of those Treaties shall stipulate and engage that
it will enact laws to prevent the purchase of lands from the Mosquito Indians,
and the introduction and sale of spirituous liquors among the said Indians; and
that the Republic will protect them from all inroads, intrusions, or aggressions
along their western and northern frontier.
The Mosquito Indians shall not be able to cede their territory or rights to
any other State without the consent of Great Britain and the United States, by
each separately expressed; it being, however, understood, that nothing shall
preclude the conclusion of such voluntary compact and arrangements between
the Republic of Nicaragua and the Mosquito Indians by which the latter may be
definitively incorporated and united with the former; but it shall be stipulated,
in such case, that the said Mosquito Indians shall enjoy the same rights, and be
liable to the same duties, as the other citizens of the said Republic of Nicaragua.
ARTICLE IV.
The rest of the territory hitherto claimed as belonging to the Mosquito
Indians south of the River Wanx or Segovia, west of the line to be drawn
southward from the said river to the parallel of the River Rama, and south of
the said parallel and of the River Rama, shall be recognized and declared to be
within the limits and sovereignty of the Republic of Nicaragua, on the following
conditions:
1. The Republic of Costa Rica shall retain for its citizens the freedom of
navigation up and down the River San Juan from its month to the mouth of the
Serapiqui river, with liberty to enter and quit the port of San Juan or Greytown
with their vessels, and to store their cargoes in that port.
2. The Republics of Nicaragua and of Costa Rica shall allow the territorial
disputes between them (if the same cannot be amicably adjusted between
themselves) to be settled by the arbitration of Great Britain and the United
States of America, who, in any doubtful point, shall be able to call for the
decision of a third party.
3. All bona fide grants that have been made by the Government of
Mosquitia of lands heretofore possessed by the said Indians, and lying beyond
the limits of the prescribed territory, shall be confirmed.
4. The Republic of Nicaragua shall constitute and declare the port of
Greytown or San Juan a free port, and the city a free city (though under the
sovereign authority of the Republic), whose inhabitants shall enjoy the following
rights and immunities :
(a.) The right to govern themselves by means of their own Municipal
Government, to he administered by legislative, executive, and judicial officers of
their own election, according to their own regulations.
(6.) Trial by jury in their own courts.
(c.) Perfect freedom of religious belief and of worship, public and private.
(d.) Exemption from all duties of Customs, and from all taxation on real
estate or other property, except such duties and taxes as may be imposed by
their own municipality and may be collected for the city treasury, to be used and
applied for the benefit of the said city.
(e.) Exemption from military service, except for the defence of the city, and
within the bounds of the same.
ARTICLE V.
The Republic of Nicaragua shall enter into positive Treaty stipulations with
each of the two Governments of Great Britain and of the United States of
America, that it will make the grant of freedom to the city of Greytown or San
Juan subject to the condition that the municipality of the said city shall, as
soon as organized, pass laws and ordinances levying, by tax or duty on imports,
some reasonable sum, to be paid half-yearly, to the Mosquito Indians, by way
of annuity for a limited period, as an indemnity and compensation for their
interest in the territory recognized and declared by the first clause of Article IV
to be within the limits and sovereignty of the Republic of Nicaragua.
ARTICLE VI.
Her Britannic Majesty and the Republic of Nicaragua shall, within
months after the exchange of the ratifications of the Treaty to be concluded
between them in virtue of the present arrangements, appoint each a Commissioner
for the purpose of designating and marking out the inland boundary separating
the territory to be set apart for the Mosquito Indians, as described in Article II
of the present Treaty, from the rest of the territory of the Republic.
They shall also appoint, within the same period, each a Commissioner, for
the purpose of deciding upon the bona fides of all grants of land mentioned in
section 3 of Article IV of the Treaty as having been made by the Mosquito
Indians of lands heretofore possessed by them, and lying beyond the limits of
the territory described in Article Il.
They shall further appoint within the same period each a Commissioner,
for the purpose of determining the amount, the period of duration, and the time,
place, and mode of payment of the annuity to be paid to the Mosquito Indians
according to the stipulations of Article V of the present Treaty.
Her Britannic Majesty and the Republic of Nicaragua shall be at liberty
either to name the same person to fulfil the duties of Commissioner for all three
or for any two of the purposes above described, or to name a separate and distinct
person to be Commissioner for each purpose, as they may see fit.
ARTICLE VII.
U
The Commissioners mentioned in the preceding Article shall meet at such
place or places as shall be hereafter fixed, at the earliest convenient period after
they shall have been respectively named, and shall, before proceeding to any
business, make and subscribe a solemn declaration that they will impartially and
carefully examine and decide, to the best of their judgment, and according to
justice and equity, without fear, favour, or affection to their own country, upon
all the matters referred to them for their decision ; and such declaration shall be
entered on the record of their proceedings.
The Commissioners shall then, and before proceeding to any other business,
name some third person to act as Arbitrator or Umpire in any case or cases in
which they may themselves differ in opinion. Each pair of Commissioners shall
separately name the person so to act as their Arbitrator or Umpire. The person
or persons so to be chosen shall, before proceeding to act, make and subscribe a
soleinn declaration, in a form similar to that which shall already have been
made and subscribed by the Commissioners, which declaration shall also be
entered on the record of the proceedings. In the event of the death, absence, or
incapacity of such person or persons, or of his or their omitting, or declining, or
ceasing to act as such Arbitrator or Umpire, another person or other persons shall
be named as aforesaid to act in his or their place or stead, and shall make and
subscribe such declaration as aforesaid.
Her Britannic Majesty and the Republic of Nicaragua shall engage to
consider the decision of the two Comniissioners conjointly, or of the Arbitrator
or Umpire, as the case may be, as final and conclusive on the matters to be
Tespectively referred to their decision, and forthwith to give full effect to the
same.
B 2
ARTICLE VIII.
The Commissioners and the Arbitrators or Umpires shall keep accurate records
and correct minutes or notes of all their proceedings, with the dates thereof, and
shall appoint and employ such clerk or clerks or other persons as they shall find
necessary to assist them in the transaction of the business which may come
before them.
The salaries of the Commissioners shall be paid by their respective Govern-
ments. The contingent expenses of the Commissioners, includin g the salary of
the Arbitrators or Umpires, and of the clerk or clerks, shall be defrayed in equal
moieties by the two Governments.
ARTICLE IX.
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland and the United States of America bind themselves, in case the Republics
of Nicaragua and of Costa Rica, or either of them, should refuse to accept the
arrangements contained in the preceding Articles, not to propose nor consent to
any other arrangements more favourable to the refusing Party or Parties.
ARTICLE X.
The present Treaty shall be ratified by Her Britannic Majesty and by the
· President of the United States of America, by and with the advice and consent
of the Senate thereof; and the ratifications shall be exchanged at
, as
soon as possible within the space of months.
In witness whereof, &c.
SEPARATE ARTICLES.
ARTICLE I.
WHEREAS the arrangements set forth in the Treaty of this date are
provided as an adequate substitute for the protection heretofore extended by
Great Britain to the Mosquito Indians, and, whereas, one or the other, or both, of
the Contracting Parties may find in the condition of their political relations with
the Republic of Nicaragua, obstacles to prevent an immediate execution of the
said arrangements; now, therefore, it is agreed and understood as follows:
1. That any delay in carrying out the said arrangements, arising from
the circumstances or relations of the Republic of Nicaragua, shall in no respect
impair the validity or force of the Treaty as between the Contracting Parties ;
but the same shall remain obligatory upon, and to be executed by, them as early
as may be praticable.
2. That whichever of the two Contracting Parties may soonest find itself in
such political relations with the Republic of Nicaragua as enable it so to do,
shall first propose singly to that Republic the arrangements contained in this
Treaty, and shall obtain by means of a separate Treaty its assent to those
arrangements; the other Contracting Party engaging, and reserving to itself the
right also to conclude with the said Republic, at the earliest fitting moment, a
Treaty containing the said arrangements.
ARTICLE II.
And, whereas the relations of amity between the Contracting Parties, and
the neutrality of any and every communication by land or railway across the
Isthmus which connects North and South America, and to which communica-
tion by canal or railway their protection has been or shall be extended, may be
further assured by some definite arrangement on two other questions whichi
have come into discussion; now it is mutually agreed and understood :-
1. That Her Britannic Majesty's Settlement called the Belize or Britisha
Honduras, on the shores of the Bay of Honduras, bounded on the north by the
Mexican province of Yucatan, and on the south by the River Sarstoon, was not
and is not embraced in the Treaty entered into between the Contracting Parties
on the 19th day of April, 1850, and that the limits of the said Belize, on the
| west, as they existed on the said 19th of April, 1850, shall, if possible, be settled
and fixed by Treaty between Her Britannic Majesty and the Republic of
Guatemala, within two years from the exchange of the ratifications of this
instrument; which said boundaries and limits shall not at any time hereafter be
extended ;
2. That the Islands, and their inhabitants, of Roatan, Bonaca, Utila,
Barbaretta, Helena, and Morat, situated in the Bay of Honduras, and known
as the Bay Islands, having been, by a Convention bearing date the 27th day of
August, 1856, between Her Britannic Majesty and the Republic of Honduras,
constituted and declared a free territory under the sovereignty of the said
Republic of Honduras, the two Contracting Parties do hereby mutually engage
to recognize and respect in all future time the independence and rights of the
said free territory, as a part of the Republic of Honduras.
ARTICLE III.
The present Separate Articles shall have the same force and validity as if
they had been inserted, word for word, in the Treaty between Her Britannic
Majesty and the United States of America, signed this day. They shall be
ratified by Her Britannic Majesty and by the President of the United States, by
and with the advice and consent of the Senate thereof, and the ratifications
shall be exchanged at the same time as those of the Treaty.
In witness whereof the respective Plenipotentiaries have signed the present
Separate Articles, and have affixed thereto the seal of their arms.
No. 2.
Extract of Despatch respecting Draft Articles of Treaty, Central America.--
(Communicated to the Earl of Clarendon by Mr. Dallas, October 13, 1856.)
JOU
Reasons for the proposed Modification of Boundary in the Reservation for the
Mosquitos.
THE United States are only concerned indirectly in this and the other
questions involved, which deeply regard the States which constituted the
Republic of Central America.
In this relation, the proposed Treaty is to be tendered by the present
Contracting Parties to the Republics of Costa Rica and Nicaragua, as being what
these Republics ought to adopt, and is to be urged upon them for acceptance by
the Parties. It must, of course, contain no conditions which the President
cannot cordially recommend to each of those Republics. In other words, the
stipulations must be such, in the President's view of them, as would be just and
fair towards those Republics. Their interest is quite as much to be respected as
that of the United States or of Great Britain. He cannot, as a friend, request
or desire them to do anything which he would not himself do in their place.
Regarding the subject from this point of view, the President asks your
attention to the limits of the country set apart for the Mosquitos.
On a rough calculation, the reservation proposed is found to consist of about
14,000 square miles, or more than 5,500,000 acres, which seems to the President
much more than is requisite for 2,000 or, at most, 3,000 Indians, whose numbers
have been for years constantly decreasing
No objection is made to the Western line; but the extension north is deemed
very exceptionable, and may seriously embarrass the acceptance of the arrange-
ment by Nicaragua, It carries the Mosquito reservation up to the south bank
of the large River Segovia and to the line of Honduras. No sufficient reason
exists for according so extensive a territory to this handful of Indians. But the
more serious chjection is that Nicaragua would thus be deprived of the safe use
of the largest river of the Republic, and of the control of her frontier on the
side of Honduras.
It is proposed to substitute either the line of the Brachma or that of the
Prinzapulca, as the northern boundary instead of the Wanx or Segovia. The
Mosquitos will then have possession of a country enormous relatively to their
numbers, actual or possible.
Besides, the less their reservation, the larger will probably be the annuity
provided for them, and that they would probably prefer.
No. 3.
The Earl of Clarendon to Lord Napier.
My Lord,
Foreign Office, February 16, 1857.
I INCLOSE herewith, for your Lordship’s information, a copy of a Treaty
of Friendship, Commerce, and Navigation between Her Majesty and the Republic
of Honduras, which I signed, on the 27th of August last, with Señor Herran, the
Plenipotentiary from Honduras; and also copies of two Conventions which I
signed on the same day with M. Herran, the first of which relates to the Mosquito
Indians and the rights and claims of British subjects, and the other to the Bay
Islands,
I am, &c.
(Signed) CLARENDON.
Inclosure 1 in No. 3:
Treaty of Friendship, Commerce, and Navigation, between Her Majesty and the
Republic of Honduras, with an Additional Article thereunto annexed. Signed
at London, August 27, 1856.
DI
HER Majesty the Queen of the SU Majestad la Reina del Reino
United Kingdom of Great Britain and Unido de la Gran Bretaña e Irlanda, y
Ireland, and the Republic of Honduras, la República de Honduras, deseosos de
being desirous to maintain and improve mantener y mejorar las relaciones de
the relations of good understanding buena inteligencia que felizmente exis-
which happily subsist between them, ten entre ellas, y promover la comuni-
and to promote the commercial inter- cacion comercial entre sus respectivos
course between their respective subjects súbditos y ciudadanos, han tenido á
and citizens, have deemed it expedient bien concluir un Tratado de Amistad,
to conclude a Treaty of Friendship, Comercio, y Navegacion, con cuyo ob-
Commerce, and Navigation, and have jeto han nombrado sus respectivos
for that purpose named as their respec- Plenipotenciarios, á saber :
tive Plenipotentiaries, that is to say:
Her Majesty the Queen of the Su Majestad la Reina del Reino
United Kingdom of Great Britain and Unido de la Gran Bretaña é Irlanda,
Ireland, the Right Honourable George al muy Honorable George Guillermo
William Frederick, Earl of Clarendon, Federico, Conde de Clarendon, Baron
Baron Hyde of Hindon, a Peer of the Hyde de Hindon, Par del Reino Unido,
United Kingdom, a Member of Her Miembro del muy Honorable Consejo
Britannic Majesty's Most Honourable Privado de Su Majestad Británica,
Privy Council, Knight of the Most Caballero de la muy Noble Orden
Noble Order of the Garter, Knight de la Jarretera, Gran Cruz de la muy
Grand Cross of the Most Honourable Honorable Orden del Baño, Secretario
Order of the Bath, Her Britannic Principal de Estado de Su Majestad
Majesty's Principal Secretary of State Británica para los Negocios Estran-
for Foreign Affairs;
geros ;
And His Excellency the President of Y Su Excelencia el Presidente de la
the Republic of Honduras, Señor República de Honduras, al Señor Doc-
Doctor Juan Victor Herran, Minister tor Juan Victor Herran, Ministro
Plenipotentiary of the Republic to Her Plenipotenciario de la República cerca
Britannic Majesty;
de Su Majestad Británica;
Who, after having communicated to Quienes, despues de haberse comu-
each other their respective full powers, nicado sus respectivos plenos poderes,
found in good and due form, have y encontradolos en buena y debida
agreed upon and concluded the follow- forma, han convenido y concluido los
ing Articles :
siguientes Articulos :-
ARTICLE I.
ARTICULO I.
Her Majesty the Queen of the United Su Majestad la Reina del Reino
Kingdom of Great Britain and Ireland Unido de la Gran Bretaña é Irlanda
recognizes the sovereignty and inde- reconoce la soberania é independencia
pendence of the Republic of Honduras. de la República de Honduras. En
Consequently, there shall be a perfect, consecuencia habrá una perfecta, firme,
firm, and inviolable peace and sincere é inviolable paz y sincera amistad entre
friendship between Her Britannic Su Majestad Británica y la República
Majesty and the Republic of Honduras, de Honduras en toda la estension de
in all the extent of their possessions sus posesiones y territorios, y entre sus
and territories, and between their sub- súbditos y ciudadanos respectivos, sin
jects and citizens, respectively, without distincion de personas ó lugares.
distinction of persons or places.
ARTICLE II.
ARTICULO II.
The two High Contracting Parties Deseando las dos Altas Partes Con-
being desirous of placing the commerce tratantes colocar el comercio y navega-
and navigation of their respective cion de sus respectivos paises bajo la
countries on the liberal basis of perfect base liberal de perfecta igualdad y
equality and reciprocity, mutually agree reciprocidad, convienen mútuamente en
that the citizens of each may frequent que los ciudadanos de cada una de
all the coasts and countries of the ellas pueden frecuentar todas las costas
other, and reside therein, and shall y territorios de la otra, residir en ellos, y
have the power to purchase and hold poder comprar y poseer toda especie de
all kinds of property which the laws of propiedades, segun lo permitan poseer
the country may permit any foreigners, las leyes del pais á los estrangeros de
of whatsoever nation, to hold, and to cualquiera nacion, y hacer toda especie
engage in all kinds of trade, manufac- de comercio, manufacturas, y minas, en
tures, and mining, upon the same terms los mismes terminos que los súbditos ó
with native subjects or citizens. They ciudadanos naturales. Gozarán, sobre
shall enjoy all the privileges and con- el particular, de todos los privilegios y
cessions in these matters which are or concesiones que se hayan hecho o se
may be made to the subjects or citizens hagan á los ciudadanos ó súbditos de
of any country; and shall enjoy all the todo pais; y gozarán igualmente de
rights, privileges, and exemptions, in todos los derechos, privilegios, y ex-
navigation, commerce, and manufac- enciones en navegacion, comercio, y
tures, which native subjects or citizens manufacturas que gocen los súbditos ó
do or shall enjoy, submitting them- ciudadanos naturales, sometiendose á
selves to the laws there established, to las leyes establecidas, á las cuales los
which native subjects or citizens are súbditos ó ciudadanos naturales esten
subjected.
sujetos.
The ships of war and post-office Los buques de guerra y los paquetes
packets of each Contracting Party de transporte de malas ó postas de cada
respectively, shall have liberty to enter una de las Partes Contratantes respec-
into all harbours, rivers, and places tivamente, tendrán libertad de entrar
within the territories of the other, to en todos los puertos, rios, y lugares
which the ships of war and packets of dentro de los territorios de la otra,
other nations are or may be permitted adonde los buques y paquetes de otras
to come; to anchor there, and to naciones se les permita ir, permanecer,
remain and refit; subject always to y repararse; sujetos siempre a las leyes
the laws of the two countries respec- de los dos paises respectivamente.
tively.
The High Contracting Parties further Las Altas Partes Contratantes con-
engage that neither will grant any vienen ademas que ninguna concesion
favour to any other nation, in respect ó favor se hará á ninguna otra nacion
of commerce and navigation, which respeto á comercio y navegacion, sin
shall not immediately become common que sea inmediatamente estensiva á la
to the other Contracting Party.
otra Parte Contratante.
ARTICLE III.
The High Contracting Parties agree
that, in regard to the coasting trade,
ARTICULO III.
Las Altas Partes Contratantes con-
vienen que, respeto á cabotage, los
....
--
...
-
--...
8.
the ships, subjects, and citizens of each buques, súbditos y ciudadanos de cada
shall enjoy, in the dominions and terri. una gozarán, en los dominios ó ter-
tories of the other, the same privileges, ritorios de la otra, los mismos privi-
and shall be treated in all respects in legios, y serán tratados en todos respetos
the same manner, as national vessels, de la misma manera que los buques,
and as native subjects and citizens. súbditos, ó ciudadanos nacionales.
ARTICLE IV.
ARTICULO IV.
The Contracting Parties likewise [gualmente convienen las Partes
agree, that whatever kind of produce, Contratantes en que cualquiera especie
manufacture, or merchandise of any de producciones, manufacturas, ó mer-
foreign country can be, from time to caderias estrangeras que en cualquiera
time, lawfully imported into the British tiempo puedan ser legalmente impor-
dominions in British vessels, may also tadas en los dominios Británicos en
be imported in vessels of the Republic buques Británicos, puedan tambien ser
of Honduras; and that no higher or importadas en buques de la República
other duties upon the vessel or upon de Honduras, y que no cobrarán otros
her cargo shall be levied and collected, ó mas altos derechos sobre el buque é
whether the importation be made in sobre su cargamento, sea que la impor-
vessels of the one country or of the tacion se haga en buques del uno ú del
other: and in like manner, that what- otro pais; y de la misma manera cual-
ever kind of produce, manufacture, or quiera especie de producciones, manu-
merchandise of any foreign country can facturas, ó mercaderias estrangeras que
be from time to time lawfully imported puedan ser, en cualquiera tiempo, legal-
into the Republic of Honduras in its mente importadas en la República de
own vessels, may be also imported in Honduras en sus propios buques,
British vessels; and that no higher or puedan tambien ser importadas en
other duties upon the vessel or upon buques Británicos, y que no se im-
her cargo shall be levied or collected, pondrán otros ó mas altos derechos
whether the importation be made in sobre el buque, ó sobre su cargamento,
vessels of the one country or of the sea que la importacion se haga en
buques de uno ú otro pais.
And they further agree, that what. Convienen ademas en que todo lo
ever may be lawfully exported or re-ex- que pueda ser legalmente esportado ó re-
ported from the one country in its own esportado de uno de los dos paises en sus
vessels to any foreign country, may in propios buques para un pais estrangero,
like manner be exported or re-exported pueda de la misma manera ser espor-
in the vessels of the other country; and tado ó re-esportado en los buques del
that the same bounties, duties, and otro; y serán concedidos y cobrados
drawbacks shall be allowed and col- iguales prémios, derechos, y descuentos,
lected, whether such exportation or sea que tal esportacion ó re-esportacion
re-exportation be made in British ves- se haga en los buques Británicos, ó en
sels or in vessels of the Republic of los de la República de Honduras.
other
ARTICLE V.
ARTICULO V.
No higher or other duties shall be No se impondrán otros ó mas altos
imposed on the importation into the derechos sobre la importacion en los
British dominions of any article the dominios Británicos de cualquiera
growth, produce, or manufacture of articulos del producto natural ó manu-
the Republic of Honduras, and no facturado de la República de Honduras,
higher or other duties shall be imposed y no se impondrán otros ó mas altos
on the importation into the Republic derechos sobre la importacion en los
of Honduras of any article the growth, territorios de la República de Honduras
produce, or manufacture of the British de cualesquiera articulos del producto
dominions, than are or shall be payable natural ó manufacturado de los domi-
on the like article being the produce nios Británicos, que los que se exijan ó
or manufacture of any other foreign exijieren por iguales articulos del pro-
country. Nor shall any higher or ducto ó manufacturas de cualquiera
other duties or charges be imposed, in otro pais estrangero. Ni se impondrán
either of the two countries, on the otros ó mas altos derechos ó gravamenes
exportation of any article to the terri- en ninguno de los dos paises sobre la
tories of the other, than such as are esportacion de cualquiera articulo para
payable on the exportation of the like el territorio del otro, que los que se
article to any other foreign country. exijan por la esportacion del mismo
articulo en cualquiera otro pais estran-
gero.
No prohibition shall be imposed No se establecerá ninguna prohibicion
upon the importation of any article the respeto a la importacion de cualesquiera
growth, produce, or manufacture of articulos del producto natural ó manu-
the territories of either of the two Con- facturado de los territorios de alguna
tracting Parties into the territories of de las Partes Contratantes en los terri-
the other, which shall not equally torios de la otra, que no sea igualmente
extend to the importation of the like estensiva á la importacion de igual
article being the growth, produce, or articulo del producto natural ó manu-
manufacture of any other country; nor facturado de los otros paises ; ni se
shall any prohibition be imposed on impondrá tampoco ninguna prohibicion
the exportation of any article from the á la esportacion de cualquiera articulo
territories of either of the two Con- de los territorios de una de las Partes
tracting Parties to the territories of the Contratantes, en los territorios de la
other, which shall not equally extend otra, que no sea igualmente estensiva á
to the exportation of the like article to la esportacion de los mismos articulos
the territories of all other nations. en los territorios de todas las otras
naciones.
ARTICLE VI.
ARTICULO VI.
No duties of tonnage, harbour, No se impondrá ningun derecho de :
pilotage, lighthouse, quarantine, or tonelage, de puerto, pilotage, de faro,
other sirnilar or corresponding duties, cuarentena, ú otros semejantes, bajo
of whatever nature, or under whatever cualquiera denominacion que sea, esta-
denomination, levied in the name of or blecido á nombre ó en beneficio del
for the profit of the Government, Gobierno, funcionarios públicos, corpo-
public functionaries, corporations, or raciones, ó establecimientos de cual-
establishments of whatever kind, shall quiera especie, en los puertos de uno
be imposed in the ports of either de los dos paises, sobre los buques del
country upon the vessels of the other otro, que no sea igualmente impuesto en
country, which shall not be equally igual caso sobre los buques nacionales.
imposed in the like cases on national
vessels.
ARTICLE VII.
ARTICULO VII.
In order to prevent the possibility A fin de remover toda posibilidad
of any misunderstanding, it is hereby de cualquiera mala inteligencia, se
declared that the stipulations contained declara que las estipulaciones conte-
in the preceding Articles are, to their nidas en los Articulos precedentes son
full extent, applicable to British vessels aplicables en toda su estension á los
and their cargoes arriving in the ports buques · Británicos y sus cargamentos
of Honduras, and reciprocally to the que lleguen á puertos de Honduras, y
vessels of the said Republic and their reciprocamente a los buques de Hon-
cargoes arriving in British ports, duras y sus cargamentos que lleguen á
whether they proceed from the ports puertos Británicos; sea que procedan de
of the country to which they respec- los puertos del pais á que pertenezcan
tively belong, or from the ports of any respectivamente, ó de los de cualquiera
other foreign country; and, in either otro pais estrangero; y que en ningun
case, no discriminating duty shall be caso se impondrá ó cobrará derecho
imposed or collected in the ports of alguno diferencial en los puertos de
either country on the said vessels uno ú otro pais sobre dichos buques ó
or upon their cargoes, whether such sus cargamentos, ya sean estos del
cargoes shall consist of native or of producto ó manufactura nacional ó del
foreign produce or manufacture. producto ó manufactura estrangera.
Xh
ARTICLE VIII.
ARTICULO VIII.
All vessels which, according to the Todos los buques que, conforme á
laws of Great Britain, are to be deemed las leyes de la Gran Bretaña, sean ó se
British vessels, and all vessels which, consideren buques Británicos, y todos los
according to the laws of the Republic buques que, conforme á las leyes de la
of Honduras, are to be deemed vessels República de Honduras, sean ó se
of that Republic, shall, for the purposes consideren buques de la República,
of this Treaty, be deemed British vessels serán considerados, para los fines del
and vessels of Honduras respectively. presente Tratado, buques Británicos y
de Honduras respectivamente.
ARTICLE IX.
ARTICULO IX.
It is likewise agreed, that it shall Se conviene ademas que será entera-
be wholly free for all merchants, com- mente libre á los comerciantes, capi-
manders of ships, and other citizens of tanes de buque, y otros ciudadanos de
both countries, to manage, by them- ambos paises, manejar á su voluntad
selves or agents, their own business in sus negocios por sí mismos, ó por
all the ports and places subject to the medio de sus agentes, en todos los
jurisdiction of each other, as well with puertos y lugares sujetos á la jurisdic-
respect to the consignments and sale cion del uno ú del otro, tanto con
of their goods and merchandize, by respeto a las consignaciones y ventas
wholesale or retail, as with respect to por mayor ó por menor de sus efectos
the loading, unloading, and sending off ó mercaderias, como con respeto á la
their ships; they being, in all these carga, descarga, y despacho de sus
cases, to be treated as subjects or citi- buques; debiendo en todos estos casos
zens of the country in which they ser tratados como súbditos ó ciuda-
reside or are conducting their business, danos del pais en que residan ó tengan
and to be subject to the laws of that sus negocios, y sujetos á las leyes del
country.
pais.
ARTICLE X.
ARTICULO X.
1
Whenever the citizens of either of Siempre que los ciudadanos de una
the Contracting Parties shall be forced de las partes Contratantes sean
to seek refuge or asylum in the rivers, forzados á buscar refugio ó asilo en los
bays, ports, or dominions of the other, rios, bahias, puertos, ó dominios de la
with their vessels, whether merchant otra, con sus buques, ya sean mer-
or, of war, public or private, through cantes ó de guerra, públicos ó privados,
stress of weather, pursuit of pirates or á causa de mal tiempo, perseguidos de
enemies, or want of provisions or water, piratas ó enemigos, 6 por falta de
they shall be received and treated with aguada ó de provisiones, serán recibidos
humanity, giving to them all favour y tratados con humanidad, dispensan-
and protection for repairing their ships, doles todo favor y proteccion para re-
procuring provisions, and placing them- parar sus buques, procurar provisiones,
selves in a situation to continue their y ponerse en disposicion de poder con-
voyage without obstacle or hindrance tinuar su viage sin ostaculo ó embarazo
of any kind.
de ninguna clase.
ARTICLE XI.
ARTICULO XI.
If any ship of war or merchant- Si algun buque de guerra ó mercante
vessel of either of the High Contract- de una de las Altas Partes Contratantes
ing Parties should be wrecked on the naufragase en las costas de la otra,
coasts of the other, such ship or vessel, tal buque ó parte de él, todo su aparejo
or any parts thereof, and all furniture y pertenencias, y todos efectos y merca-
and appurtenances belonging thereunto, derias que se salvasen, ó el producto
and all goods and merchandize which de ellas, si se venden, serán fielmente
shall be saved therefrom, or the pro- entregados á los propietarios de él,
duce thereof, if sold, shall be faithfully si son reclamados por estos ó por
11
AY
SU
restored to the owners, upon being agentes debidamente autorizados; y si
claimed by them or by their duly no hay propietarios ó agentes en aquel
authorized agents; and if there are no punto que reclamen dicho buque ó
such owners or agents on the spot, parte de él, aparejo, pertenencias, eſec-
then the said ships or parts of ships, tos, y mercancias, ó el producto de
furniture, appurtenances, goods, and ellas, si fuesen vendidas, asi como los
merchandize, or the proceeds thereof, papeles que se encuentren a bordo del
if sold, as well as all the papers found buque naufragado, serán entregados
on board such wrecked ship or vessel, al Cónsul ó Vice-Cónsul Británico, ó
shall be delivered to the British Consul Cónsul ó Vice-Cónsul de la República
or Vice-Consul, or to the Consul or de Honduras, en cuyo distrito haya
Vice-Consul of the Republic of Hon- acaecido el naufragio sobre el cual se
duras, in whose district the wreck may reclame; y los pagos que el Cónsul,
have taken place, upon being claimed Vice-Cónsul, propietarios, ó'agentes,
by him; and upon payment by such deben hacer, serán solamente los gastos
Consul, Vice-Consul, owners, or agents, ocasionados en la conservacion de la
of only the expenses incurred in the propiedad, y el derecho de salvamento
preservation of the property, and of ú otros gastos que se paguen en iguales
the salvage or other expenses which casos por buques nacionales naufra-
would have been payable in the like gados. Los gastos hechos en la sal-
case of a wreck of a national vessel. vacion, ú otros que se ocasionen, se
The charge for such salvage or other arreglarán inmediatamente, sujetos al
expenses shall be made and settled derecho de apelacion de parte de la
immediately, subject to such right of persona pagando lo mismo, como exista
appeal on the part of the person paying en el respectivo pais. Los efectos y
the same as may exist in the respective mercaderias salvadas del naufragio no
countries. The goods and merchandize serán sujetas á ningun derecho, á
saved from the wreck shall not be sub- menos que no se destinen al consumo;
ject to duties, unless cleared for con- en cuyo caso pagarán solamente los
sumption; in which case they shall be mismos derechos que si hubiesen sido
liable only to the same duties as if importadas en un buque nacional.
they had been imported in a national
vessel.
casos por buques
case of a wreein payable in the like
ARTICLE XII.
ARTICULO XII.
2
.
41
The subjects and citizens of either of Los súbditos i ciudadanos de cada
the two Contracting Parties in the ter- una de las dos Partes Contratantes en
ritories of the other shall be at full los territorios de la otra, tendrán entera
liberty to acquire, possess, and dispose libertad para adquirir, poseer, y dispo-
of, whether by purchase, sale, dona- ner, sea por compra, venta, donacion,
tion, exchange, marriage, testament, cambio, matrimonio, testamento, suce-
succession ab intestato, or in any other sion ab intestato, ó de cualquiera ma-
manner whatever, every description of nera que sea, toda propiedad que las
property which the laws of the country leyes del pais permitan tener á todo
may permit any foreigners, of what- estrangero, de cualquiera nacion que
soever nation, to hold. Their heirs sea. Sus herederos y representantes
and representatives may succeed to, les sucederán, y tomarán posesion de
and take possession of such property, tales propiedades, sea en persona ó por
either in person or by agents acting on agentes que obren en su nombre, en la
their behalf, in the ordinary form of forma ordinaria de la ley, y en la misma
law, in the same manner as subjects or manera que los súbditos ó ciudadanos
citizens of the country; and in the del pais; y en falta de tales herederos
absence of such heirs and representa- y representantes la propiedad será tra-
tives, the property shall be treated tada de la misma manera que las pro-
in the same manner as the like pro- piedades pertenecientes á súbditos ó
perty belonging to a subject or citizen ciudadanos del pais en iguales circun-
of the country under similar circum- stancias.
stances.
In none of these respects shall they En ninguno de estos casos se pagará
pay upon the value of such property sobre el valor de tal propiedad otros ó
any other or higher impost, duty, or mayores impuestos, derechos, ó cargas,
charge, than is payable by subjects or que los que paguen los súbditos ó
C 2
12
citizens of the country. In every case ciudadanos del pais. En todo caz
the subjects and citizens of the Con- permitirá á los súbditos y ciudadanos
tracting Parties shall be permitted to de las Partes Contratantes esportar su
export their property, or the proceeds propiedad ó el producto de ella; los
thereof; British subjects from the ter- súbditos Británicos del territorio de
ritory of Honduras, and Honduras Honduras, y los ciudadanos de Hondu-
citizens from the British territory, ras del territorio Británico, libremente,
freely, and without being subjected on y sin estar sujetos por ta] esporta-
such exportation to pay any duty as cion á pagar ningun derecho como
foreigners, and without having to pay estrangeros, y sin pagar otros ó mayores
any other or higher duties than those derechos que los que pagan los súb-
to which subjects or citizens of the ditos ó ciudadanos del pais.
country are liable.
ARTICLE XIII.
ARTICULO XIII.
Both Contracting Parties promise Ambas Partes Contratantes prometen
and engage formally to give their y se obligan en toda forma á dispensar
special protection to the persons and reciprocamente su proteccion especial
property of the subjects or citizens of á las personas y propiedades de los
each other, of all occupations, who may súbditos y ciudadanos de cada una de
be in the territories subject to the ellas, de todas profesiones, que sean
jurisdiction of one or the other, en los territorios sujetos á la jurisdic-
transient or dwelling therein, leaving cion de una y otra, transeuntes ó habi-
open and free to them the tribunals of tantes, dejandoles abiertos y libres los
justice, for their judicial recourse, on tribunales de justicia, para sus recursos
the same terms which are usual and judiciales, en los mismos terminos usa-
customary with the natives or citizens dos y acostumbrados para los naturales
of the country; for which purpose theyó ciudadanos del pais; para lo cual
trials
employ, in the prosecution or defence en defensa de sus derechos á los abo-
of their rights, such advocates, soli- gados, procuradores, escribanos, agentes,
citors, notaries, agents, and factors as ó apoderados que juzguen convenientes
they may judge proper, in all their para todos sus litigios; y dichos ciuda-
trials at law; and such citizens or danos ó agentes tendrán la libre facul-
agents shall have free opportunity to tad de estar presentes en las decisiones
be present at the decisions or sentences y sentencias de los tribunales en todos
of the tribunals in all cases which may los casos que les conciernen, y gozarán.
concern them, and shall enjoy in such en tales casos de todos los derechos y
cases all the rights and privileges privilegios concedidos á los súbditos
accorded to native subjects or citizens. Ó ciudadanos naturales.
shall bine decis!
ARTICLE XIV.
ARTICULO XIV.
TY
In the event of any subject or citizen En el caso de que algun súbdito ó
of either of the two Contracting Parties ciudadano de una de las Partes Contra-
dying without will or testament in the tantes muera ab intestato en los domi-
dominions or territories of the other nios ó territorios de la otra, ó en
Contracting Party, or in the absence of ausencia de herederos legitimos, el Cón-
lawful heirs or representatives, the sul-General, Cónsul, ó que haga las
Consul-General, Consul, or Acting veces de Cónsul de la nacion á que
Consul of the nation to which the pertenezca el difunto, tendrá el derecho,
deceased may belong, shall, so far as en cuanto las leyes del pais lo permitan,
the laws of each country will permit, de tomar posesion y encargarse de la
have the right to take possession and propiedad que el difunto haya dejado,
charge of the property which the en beneficio de sus herederos legales ó de
deceased may have left, for the benefit sus acreedores, dando inmediatamente
of his lawful heirs and creditors, giving noticia de la muerte á las autoridades
immediate notice of the death to the del pais.
authorities of the country.
13
ARTICLE XV.
ARTICULO XV.
The subjects of Her Britannic Los súbditos de Su Majestad Bri-
Majesty residing in the Republic of tánica residentes en la República de
Honduras, and the citizens of the Honduras, y los ciudadanos de la Re-
Republic of Honduras residing in the pública de Honduras residentes en los
dominions of Her Britannic Majesty, dominios Británicos, serán exentos de
shall be exempted from all compulsory todo servicio forzoso militar de cual-
military service whatsoever, whether quiera clase que sea, en tierra ó en
by sea or land, and from all forced mar, de todo emprestito forzoso, ó
loans, or military exactions or requi exacciones ó requisiciones militares; y
sitions ; and they shall not be com- no serán obligados, bajo ningun pretexto,
pelled, under any pretext whatsoever, á pagar ninguna carga 6 impuesto ordi-
to pay any ordinary or extraordinary nario ú extraordinario, otros ó mayores
charges, requisitions, or taxes, other or que los que pagan ó pagaren los súbditos
higher than those that are or may be ó ciudadanos naturales.
paid by native subjects or citizens.
ARTICLE XVI.
ARTICULO XVI.
It is agreed and covenanted that Se conviene que ninguna de las Altas
neither of the High Contracting Parties Partes Contratantes recibirá con cono-
shall knowingly receive into, or retain cimiento, ni tendrá en su servicio, á
in, its service, any subjects or citizens ningun súbdito ó ciudadano de la otra
of the other party who have deserted Parte que desertase del servicio militar
from the naval or military service of ó naval de la misma; sino que, al con-
that other Party ; but that, on the trario, cada una de las Partes Contra-
contrary, each of the Contracting tantes respectivamente los echará de
Parties shall respectively discharge su servicio, siendo requerido por la otra.
from its service any such deserters,
upon being required by the other Party
so to do.
And it is further agreed, that if any Se conviene ademas que si algunos
of the crew of any merchant-vessel of de la tripulacion de un buque mercante
either Contracting Party shall desert de una de las Partes Contratantes
from such vessel within any port in desertase del buque en un puerto del
the territory of the other party, the territorio de la otra, las autoridades del
authorities of such port and territory puerto y territorio emplearán su poder
shall be bound to give every assistance para aprender á los desertores, por
in their power for the apprehension of requisicion del Cónsul de la Parte á que
such deserters, on application to that pertenezca, ó por algun encargado del
effect being made by the Consul of the Cónsul; y toda persona que proteja ú
Party concerned, or by the deputy or oculte tales desertores será castigada.
representative of the Consul: and any
person protecting or harbouring such
deserters shall be liable to punishment.
ARTICLE XVII.
ARTICULO XVII
British subjects residing in the terri. Los súbditos de Su Majestad Bri-
tories of the Republic of Honduras shall tánica residentes en los territorios de la
enjoy the most perfect and entire liberty República de Honduras gozarán de
of conscience, without being annoyed, una perfecta y entera libertad de con-
molested, or disturbed on account of ciencia, sin ser molestados, inquietados,
their religious belief. Neither shall they ni perturbados por su creencia religiosa.
be annoyed, molested, or disturbed in No serán molestados, inquietados, ni
the proper exercise of their religion, in perturbados en el ejercicio de su religion
private houses, or in the chapels or en casas privadas ó en las capillas ó
places of worship appointed for that lugares de adoracion designados al
purpose, provided that in so doing they efecto, en tanto que observen el decoro
observe the decorum due to Divine debido al culto divino y respeto á
worship, and the respect due to thc las leyes del pais. Tambien tendrán
14
laws of the country. Liberty shall libertad para enterrar los ciudadanos
also be granted to bury British subjects Británicos que murieren en territorios
who may die in the territories of the de la República de Honduras, en los
Republic of Honduras, in convenient lugares convenientes y adecuados, desig-
and adequate places, to be appointed nados y establecidos por ellos, con
and established by themselves for that acuerdo de las autoridades locales, ó en
purpose, with the knowledge of the los lugares de sepultura que elijan los
local authorities, or in such other places amigos del muerto; y los funerales ó
of sepulture as may be chosen by the sepulcros no serán trastornados de modo
friends of the deceased; nor shall the alguno, ni por ningun motivo.
funerals or sepulchres of the dead be
disturbed in any wise or upon any
account.
In like manner, the citizens of Hon- De la misma manera los ciudadanos
duras shall enjoy within the dominions de Honduras en los dominios de Su
of Her Britannic Majesty a perfect and Majestad Británica gozarán de una per-
unrestrained liberty of conscience, and fecta y entera libertad de conciencia, y
of exercising their religion publicly or ejercerán su religion publica ó privada-
privately, within their own dwelling- mente en sus mismas habitaciones, ó
houses, or in the chapels or places of en las capillas ó lugares de adoracion
worship appointed for that purpose, designados al efecto, de conformidad
agreeably to the laws of those domi- con las leyes de estos dominios.
nions.
ARTICLE XVIII.
ARTICULO XVIII.
For the better security of commerce Para la mayor seguridad del comercio
between the subjects and citizens of entre los súbditos y ciudadanos de las
the two High Contracting Parties, it is dos Altas Partes Contratantes, se ha
agreed that if at any time any rupture, convenido que si en algun tiempo
or any interruption of friendly inter- hubiese una ruptura ó interrupcion de
course, should unfortunately take place las relaciones amistosas de las dos
between the two Contracting Parties, Partes Contratantes, se concederá á
the subjects or citizens of either of los súbditos ó ciudadanos residentes en
them, established in the territories of las costas seis meses, y á los que residan
the other, who may reside upon the en el interior un año, para arreglar
coasts, shall be allowed six months, sus negocios y disponer de sus propie-
and those who may reside in the inte- dades, dandoles un salvo conducto para
rior a whole year, to wind up their embarcarse en el puerto que designen.
accounts and to dispose of their pro- Los súbditos ó ciudadanos de las dos
perty; and a safe-conduct shall be Partes Contratantes que esten esta-
given to them to embark at the port blecidos en dominios ó territorios de
which they themselves shall select. ellas, en ejercicio de alguna profesion,
The subjects or citizens of the two comercio, ó empleo, pueden perma-
Contracting Parties who may be esta- necer y continuar en el ejercicio que
blished in the dominions or territories tienen, no ostante la interrupcion de
of the other, in the exercise of any las relaciones amistosas entre los dos
trade or other occupation or employ- paises, y gozarán de toda libertad per-
ment, shall be allowed to remain and sonal y de propiedad, en tanto que
continue in the exercise of the said permanezcan quietamente y conforme
trade or occupation, notwithstanding á las leyes; y sus bienes ó efectos, de
the interruption of friendship between cualquiera clase que sean, esten en su
the two countries, in the free enjoy- poder ó en el de algunos individuos ó
ment of their personal liberty and pro- del Estado, no serán confiscados ó
perty, so long as they behave peace- secuestrados, ni pagarán otros grava-
ably and observe the laws; and their menes que los que paguen los bienes y
goods and effects, of whatever descrip- propiedades de igual clase de los súbditos
tion they may be, whether in their own ó ciudadanos naturales. De la misma
custody or entrusted to individuals or manera las deudas individuales, fondos
to the State, shall not be liable to públicos, y acciones de compañias, no
seizure or sequestration, or to any serán jamas confiscadas, secuestradas,
other charges or demands than those ó retenidas.
which may be made upon the like
15
effects or property belonging to native
subjects or citizens. In the same case,
debts between individuals, public funds,
and the shares of companies, shall
never be confiscated, sequestered, or
detained.
ARTICLE XIX.
ARTICULO XIX.
It shall be free for each of the two Las Altas Partes Contratantes son
Contracting Parties to appoint Consuls libres para nombrar Cónsules para la
for the protection of trade, to reside in proteccion del comercio, para que
the dominions and territories of the residan en los dominios ó territorios
other Party; but before any Consul de una y otra; pero ningun Consul
shall act as such, he shall, in the usual obrará como tal hasta que, en la forma
form, be approved and admitted by the debida, sea aprobado y admitido por el
Government to which he is sent; and Gobierno á donde se manda; y cada
either of the Contracting Parties may una de las Partes Contratantes puede
except from the residence of Consuls esceptuar de la residencia de los Cón-
such particular places as either of them sules los lugares que juzguen conve-
may judge fit to be excepted.
The Diplomatic Agents and Consuls Los Agentes Diplomáticos y Cónsules
of each of the two High Contracting de cada una de las Altas Partes Contra-
Parties in the dominions or territories tantes en los dominios ó territorios de
of the other, shall enjoy whatever la otra, gozarán de todos los privilegios,
privileges, exemptions, and immunities exenciones, é inmunidades que se con-
are or shall be granted there to Agents ceden ó se concedan en ellos a los
of the same rank belonging to the Agentes del mismo rango de la nacion
most favoured nation.
mas favorecida.
niente escentsares que juz de los Cón.
ARTICLE XX.
ARTICULO XX.
The present Treaty shall remain in El presente Tratado permanecerá en
force for the term of seven years from toda su fuerza por el término de siete
the day of the exchange of ratifica- años, desde el dia del cambio de las
tions; and if neither Party shall notify ratificaciones; y si ninguna de las
to the other its intention of terminating Partes manifestase á la otra su inten-
the same, twelve months before the cion de terminarlo, doce meses antes
expiration of the seven years stipulated de la espiracion de los siete años esti-
above, the said Treaty shall continue pulados, dicho Tratado continuará en
binding on both Parties beyond the vigor, ademas de los siete años, hasta á
said seven years, until twelve months los doce meses del tiempo en que una
from the time that one of the Parties de las Partes notifique á la otra su
may notify to the other its intention of intencion de terminarlo.
terminating it.
ARTICLE XXI.
ARTICULO XXI.
The present Treaty of Friendship, El presente Tratado de Amistad,
Commerce, and Navigation, shall be Comercio, y Navegacion, será ratifi-
ratified, and the ratifications shall be cado, y las ratificaciones serán canjea-
exchanged at London as soon as possible das en Londres lo mas pronto que sea
within twelve months from this date. posible dentro de doce meses de la fecha.
In witness whereof the respective En fé de lo cual los respectivos
Plenipotentiaries have signed the same, Plenipotenciarios lo han firmado y
and have affixed thereto their respective sellado con sus respectivos sellos.
seals.
Done at London, the twenty-seventh Hecho en Londres, el veinte y siete
day of August, in the year of our Lord de Agosto, del año de nuestro Señor de
one thousand eight hundred and fifty- mil ochocientos cincuenta y seis.
six.
(L.S.) CLARENDON.
(L.S.) CLARENDON.
(L.S.) VR. HERRAN.
(L.S.) VR. HERRAN.
ADDITIONAL ARTICLE.
ARTICULO ADICIONAL.
Inasmuch as a contract was entered En virtud de haberse ajustado, un
into by the Government of Honduras, contrato entre el Gobierno de Hon-
and a Company entitled “The Hon- duras, y una Compañia intitulada
duras Interoceanic Railway Company,” “Compañia del Camino de Hierro Inter-
for the construction of a railway from oceánico de Honduras,” con el objeto
the Atlantic to the Pacific Oceans de construir un camino de hierro del
through the territories of Honduras, Oceano Atlántico al del Pacifico á
which contract was ratified by the traves del territorio de Honduras, cuyo
constitutional powers of the State, and contrato fué ratificado por los poderes
proclaimed as a law on the 28th day constitucionales del Estado, y procla-
of April, 1854; and inasmuch as by mado como ley del Estado en 28 de
the terms of Article V, section 6, of Abril de 1854; y en atencion á que,
the said contract, “the Government segun los términos del Articulo V,
of Honduras, with the view to secure seccion 6, “el Gobierno de Honduras,
the route herein contemplated from all con el objeto de asegurar la ruta indi-
interruption and disturbance, from any cada de toda interrupcion ó disturbio
cause or under any circumstances, por cualquiera causa ó circunstancia,
engages to open negotiations with the se obliga por su parte a abrir negocia-
various Governments with which it may ciones con los varios Gobiernos con
have relations, for their separate recog- quienes conserve relaciones, para su
nition of the perpetual neutrality, and espreso reconocimiento de la perpetua
for the protection of the aforesaid neutralidad y para la proteccion de la
route ;” therefore, in order to carry referida ruta ;” para llenar por su parte
out the obligation thus incurred :— esta obligacion :-
1. The Government of Honduras 1. El Gobierno de la República de
agrees that the right of way or transit Honduras ofrece que el derecho de
over such route or road, or any other pasar ó transitar por la indicada ruta ó
that may be constructed through its camino, ó por cualquiera otra que se
territories, from sea to sea, shall be at establezca a traves de su territorio, de
all times open and free to the Govern- mar á mar, será en todos tiempos
ment and subjects of Great Britain, for abierta y libre al Gobierno y súbditos de
all lawful purposes whatever. No tolls, la Gran Bretaña para todo objeto legal.
duties, or charges of any kind shall be No se impondrá por el Gobierno de
imposed by the Government of Hon- Honduras ningun impuesto de peaje,
duras, on the transit of property belong- derecho, ó carga, por el transito á toda
ing to the Government of Great Britain, propiedad que pertenezca al Gobierno
or on the public mails sent under au- Británica, ó á las postas publicas en-
thority of the same, nor on the subjects viadas por alguna autoridad del mismo,
of the British Crown. All lawful pro- ni á los súbditos de la Corona Bri-
duce, manufactures, merchandise, or tánica. Todo producto legal, manu-
other property belonging to subjects facturas, mercancias, o cualquiera pro-
of Great Britain, passing from one piedad perteneciente á súbditos de la
ocean to the other, in either direction, Gran Bretaña, que pase de un mar á
shall be subject to no import or export otro en una ú otra direccion, no estará
duties whatever, nor to any discrimi- sujeta á ningun derecho de importacion
nating tolls or charges for conveyance ó esportacion, ni á ningun gravamen
or transit on any such route or road as diferencial por el trasporte ó transito en
aforesaid, and shall be secure and pro- la indicada ruta ó camino, y será segura
tected from all interruption and deten- y protegida de toda interrupcion ó
tion on the part of the State. The detencion de parte del Estado. La
Republic of Honduras further agrees, República de Honduras ofrece ademas
that any other privilege or advantage, que cualquiera otro privilegio ó ventaja
commercial or other, which is or may comercial ó de otra clase que es, ó
be granted to the subjects or citizens pueda ser, concedida á subditos ó
of any other country in regard to any ciudadanos de otro pais, con respeto á
such route or road as aforesaid, shall dicha ruta ó camino, será tambien y al
be also and at the same time extended mismo tiempo estensivo á los súbditos
to British subjects; and, finally, as an Británicos; y finalmente, como una
evidence of its disposition to accord to prueba evidente de su disposicion á
the travel and commerce of the world conceder al trafico y comercio del mundo
17
all the advantages resulting from its todas las ventajas que resulten de su
position in regard to the two great posicion, respeto a los dos grandes
oceans, the Republic of Honduras, of oceanos, la República de Honduras, de
her own good will, engages to establish su propia voluntad, se obliga establecer
the ports at the extremities of the los puertos en las estremidades de la
contemplated road, as free ports for contemplada ruta, puertos libres para
all the purposes of commerce and todos los objetos del comercio ó de
trade.
trafico.
2. In consideration of these conces- 2. En consideracion á estas conce-
sions, and in order to secure the siones, y para asegurar la construccion
route or road herein contemplated, and espresada, así como para asegurar en
also to secure for the benefit of man- beneficio del genero humano la no inter-
kind the uninterrupted advantages of rupcion de las ventajas de tal comuni-
such communication from sea to séa, cacion de mar á mar, Su Majestad
Her Britannic Majesty recognizes thel Británica reconoce los derechos de so-
V rights of sovereignty and property of berania y propiedad de Honduras sobre
Honduras in and over the line of the toda la linea de dicha ruta, y por la
said road, and for the same reason misma razon garantiza positiva y eficaz.
guarantees, positively and efficaciously, mente la entera neutralidad de ella, en
the entire neutrality of the same, so tanto que la Gran Bretaña goce de los
long as Great Britain shall enjoy the privilegios concedidos en la precedente
privileges conceded to it in the pre- seccion de este Articulo. Y cuando la
ceding section of this Article. And proyectada ruta haya sido concluida, Su
when the proposed road shall have Majestad Británica se obliga igual-
been completed, Her Britannic Majesty mente, en union de la República de
equally engages, in conjunction with Honduras, á protegerla de toda inter-
the Republic of Honduras, to protect rupcion, captura, ó confiscacion injusta,
the same from interruption, seizure, or de cualquiera parte que proceda.
unjust confiscation, from whatsoever
quarter the attempt may proceed.
Nevertheless, Her Britannic Majesty, Sin embargo, la proteccion que Su
in according her protection to the said Majestad Británica concede á dicha
route or road, and guaranteeing its ruta ó camino, garantizando su neutrali-
neutrality and security when com- dad y seguridad cuando sea completa,
pleted, always understands that this debe siempre entenderse que su protec-
protection and guarantee are granted cion y garantia son condicionalmente, y
conditionally, and may be withdrawn que la retirará si advirtiese que las
by her, if she should deem that the personas ó compañia que la dirige
persons or company undertaking or adopta ó establece regulaciones relativas
managing the same adopt or establish al trafico contrarias al espiritu é inten-
such regulations concerning the traffic cion de este Articulo, sea haciendo
thereupon as are contrary to the spirit injustas distinciones en favor del comer-
and intention of this Article, either by cio de una nacion ó naciones, sobre él
of the commerce of any nation or exacciones opresivas é irracionales im-
nations over the commerce of any puestos de peaje sobre los pasageros,
other nation or nations, or by imposing buques, efectos, mercadarias, ú otros
oppressive exactions or unreasonable articulos. No ostante, la susodicha
tolls upon passengers, vessels, goods, proteccion y garantia no será retirada
wares, merchandize, or other articles. por Su Majestad Británica, sin notifi-
The aforesaid protection and guarantee carlo seis meses antes á la República de
shall not, however, be withdrawn by Honduras.
Her Britannic Majesty without first
giving six months' notice to the
Republic of Honduras.
The present Additional Article shall El presente Articulo Adicional tendrá
have the same force and validity as if la misma fuerza y validez como si fuera
it were inserted, word for word, in the inserto, palabra por palabra, en el Tratado
Treaty of Friendship, Commerce, and de Amistad, Comercio, y Navegacion
Navigation signed this day. It shall firmado en este dia. Será ratificado, y
be ratified, and the ratifications shall sus ratificaciones cangeadas al mismo
be exchanged at the same time ; and its tiempo; y sus estipulaciones, sujetas á
stipulations shall, subject to the condi- la condicion que establece el paragrafo
tion of notice on the part of Her precedente del Articulo, de parte de Su
Britannic Majesty, provided for in the Majestad Británica, serán permanentes
preceding paragraph of this Article, entre las Partes Contratantes.
be permanent between the Contracting
Parties.
In witness whereof the respective En fé de lo cual los respectivos
Plenipotentiaries have signed the same, Plenipotenciarios lo han firmado, y
and have affixed thereto their respec- sellado con sus sellos respectivos.
tive seals.
Done at London, the twenty-seventh
day of August, in the year of our Lord
one thousand eight hundred and fifty-
six.
Hecho en Londres á veinte y siete
de Agosto, del año de nuestro Señor
de mil ochocientos cincuenta y seis.
(L.S.)
(L.S.)
CLARENDON.
VR. HERRAN.
(L.S.)
(L.S.)
CLARENDON.
VR. HERRAN.
Inclosure 2 in No. 3.
Convention between Her Majesty and the Republic of Honduras, relative to the
Mosquito Indians, and to the Rights and Claims of British Subjects. Signed
at London, August 27, 1856.
HER Majesty the Queen of the SU Magestad la Reina del Reino
United Kingdom of Great Britain and Unido de la Gran Bretaña é Irlanda, y
Ireland, and the Republic of Honduras, la República de Honduras, deseosos de
being desirous to settle, by means of a arreglar por medio de una Convencion
Convention, certain points resulting ciertos puntos resultivos de los arreglos
from the territorial arrangements which territoriales que forman el objeto de
form the subject of another Convention otra Convencion concluida hoy entre
concluded between them on this day, ellas, han nombrado con tal objeto sus
have named as their Plenipotentiaries Plenipotenciarios, á saber :
for that purpose, that is to say:
Her Majesty the Queen of the Su Magestad la Reina del Reino
United Kingdom of Great Britain and Unido de la Gran Bretaña é Irlanda,
Ireland, the Right Honourable George al muy Honorable George Guillermo
William Frederick, Earl of Clarendon, Federico, Conde de Clarendon, Baron
Baron Hyde of Hindon, a Peer of the Hyde de Hindon, Par del Reino Unido,
United Kingdom, a Member of Fler Miembro del muy Honorable Consejo
Britannic Majesty's Most Honourable Privado de Su Magestad Británica,
Privy Council, Knight of the Most Caballero de la muy Noble Orden
Noble Order of the Garter, Knight de la Jarretera, Gran Cruz de la muy
Grand Cross of the Most Honourable Honorable Orden del Baño, Secretario
Order of the Bath, Her Britannic Principal de Estado de Su Magestad
Majesty's Principal Secretary of State Británica para los Negocios Estran-
for Foreign Affairs;
geros;
And His Excellency the President of Y Su Excelencia el Presidente de la
the Republic of Honduras, Señor República de Honduras, al Señor
Doctor Juan Victor Herran, Minister Doctor Juan Victor Herran, Ministro
Plenipotentiary of the Republic to Her Plenipotenciario de la República cerca
Britannic Majesty;
de Su Magestad Británica ;
Who, after having communicated to Quienes, despues de haber exami-
each other their respective full-powers, nado sus respectivos poderes, y encon-
found in good and due form, have tradolos en buena y debida forma, han
agreed upon and concluded the follow- convenido y concluido los Articulos
ing Articles :
: siguientes :
.
19
ARTICLE I.
ARTICULO I.
The Republic of Honduras engages La República de Honduras conviene
not to disturb the subjects of Her en no inquietar á los súbditos de Su
Britannic Majesty in the enjoyment of Magestad Británica en el goce de toda
any property of which they may be in propiedad de que estén en posesion en
possession in the Islands of Ruatan, las Islas de Roatan, Bonaca, Elena,
Bonaca, Elena, Utile, Barbarete, and Utila, Barbareta, y Morat, situadas en
Morat, situated in the Bay of Hon- la Bahia de Honduras.
duras.
ARTICLE II.
ARTICULO II.
Her Britannic Majesty agrees to Su Magestad Británica conviene en
recognize the mid-channel of the River reconocer el medio del Rio Wans ó
Wanx or Segovia, which falls into the Segovia, que desemboca en el Mar
Caribbean Sea at Cape Gracias a Dios, Caribe, en Cabo Gracias á Dios, como
as the boundary between the Republic limite entre la República de Honduras
of Honduras and the territory of the y el territorio de los Indios Mosquitos,
· Mosquito Indians, without prejudice, sin perjuicio de cualquiera cuestion de
however, to any question of boundary limites entre la República de Honduras
between the Republics of Honduras y lá de Nicaragua.
and of Nicaragua
And whereas the Mosquito Indians Y en atencion a que los Indios Mos-
have heretofore possessed and exer- quitos han poseido antes y ejercido
cised rights in and over the terri- derechos en y sobre los territorios que
tories lying between the River Wanx existen entre el Rio Wans ó Segovia y
or Segovia and the Roman River, el Rio Romano, Su Magestad Británica
Her Britannic Majesty agrees to ofrece recomendar á los Indios Mos-
recommend to the Mosquito Indians quitos que renuncien tales derechos en
to renounce any such rights in favour favor de la República de Honduras, á
of the Republic of Honduras, on con- condicion de recibir de la República una
dition of receiving from the Republic razonable suma por via de anualidad,
some reasonable sum by way of annuity por un periodo limitado, pagadera por
for a limited period, to be paid half- semestres, como indemnizacion y com-
yearly, as an indemnity and compensa- pensacion de las perdidas y estincion
tion for the loss and extinction of their de sus intereses en dicho territorio.
interest in the said territory. When Cuando se haya accedido por los Indios
such an arrangement shall have been Mosquitos á tal arreglo, Su Magestad
acceded to by the Mosquito Indians, Británica ofrece reconocer la soberania
Her Britannic Majesty engages to sobre el referido territorio, como per-
recognize the sovereignty over the said teneciente á la República de Honduras;
territory as belonging to the Republic y Su Magestad Británica y la República
of Honduras; and Her Britannic Ma- nombrarán, dentro de doce meses
jesty and the Republic will, within despues de tal accesion, dos Comisiona-
twelve months thereafter, appoint two dos, uno por cada parte, para acordar la
Commissioners, one to be named by suma, el periodo de duracion, el tiempo,
each party, for the purpose of deter- : lugar, y modo en que la anualidad debe
mining the amount, the period of dura ser pagada á los Indios Mosquitos
tion, and the time, place, and mode of como indemnidad y compensacion,
payment of the annuity so to be paid
to the Mosquito Indians as indemnity
and compensation.
And whereas British subjects have Y en atencion á que algunos súbditos
by grant, lease, or otherwise, heretofore Británicos han obtenido, por concesion,
obtained from the Mosquito Indians, arrendamiento, ó de otra manera, de los
interests in various lands situated Indios Mosquitos, intereses en varias
within the territory above described, tierras situadas dentro del territorio
lying between the River Wanx or referido, entre el Rio Wans ó Segovia y
Segovia and the River Roman, the el Rio Romano, la República de Hon-
Republic of Honduras engages to duras se obliga á respetar y mantener
respect and maintain such interests. los dichos intereses ; y ademas es con-
And it is further agreed, that the venido que los Comisionados mencion-
Commissioners mentioned in the pre- ados en el presente Articulo investi-
sent Article shall investigate the claims garán los reclamos de los súbditos
YE
i
20
of British subjects arising out of such Británicos suscitados por tales con-
grants or leases, or otherwise; and all cesiones ó arrendamientos; y todos los
British subjects, whose claims shall by súbditos Británicos cuyos reclamos sean
the Commissioners be pronounced well declarados fundados y validos por los
founded and valid, shall be quieted in Comisionados, permanecerán en quieta
the possession of their respective in posesion de sus respectivos intereses en
terests in the said lands.
dichas tierras.
ARTICLE III.
ARTICULO III.
.
The Republic of Honduras further Ademas se obliga la República de
engages to carry into effect any Honduras llevar á efecto todos los
agreements already made, and now in arreglos hechos ya, y que estan en via de
course of being carried out, for the ejecutarse, en satisfaccion de los reclamos
satisfaction of British claims; and it is 'Británicos; y tambien es convenido
agreed between the Contracting Parties, entre las Partes Contratantes que los
that the Commissioners mentioned in Comisionados mencionados en el pre-
the preceding Article shall also examine cedente Articulo examinarán igual-
and decide upon any British claims mente y decidirán sobre todos los
upon the Government of Honduras reclamos Británicos contra el Gobierno
that may be submitted to them, other de Honduras que se sometan á ellos,
than those specified in the preceding ademas de los especificados en el
Article, and not already in a train of Articulo anterior, y no proximos á un
settlement.
arreglo.
ARTICLE IV.
ARTICULO IV.
The Commissioners mentioned in the Los Comisionados espresados en los
preceding Articles shall meet at Truxillo, Articulos precedentes se reunirán en el
at the earliest convenient period after Puerto de Trujillo, en el menos tiempo
they shall have been respectively named, posible despues que hayan sido respec-
and shall, before proceeding to any tivamente nombrados ; y antes de pro-
business, make and subscribe a solemn ceder al desempeño de su encargo,
declaration that they will impartially harán y suscribirán una solemne decla-
and carefully examine and decide, to racion, manifestando que imparcial y
the best of their judgment, and accord- cuidadosamente examinarán y decidirán,
ing to justice and equity, without fear, de la mejor manera que puedan sus
favour, or affection to their own actos, conforme á la justicia y á la
country, upon all the matters referred equidad, sin temor, favor ó afeccion á
to them for their decision; and such su pais, sobre todas las materias que se
declaration shall be entered on the refieran á su decision ; y tal declaracion
record of their proceedings.
encabezará sus procedimientos..
The Commissioners shall then, and Asi mismo los Comisionados, antes
before proceeding to any other business, de proceder á sus funciones, nombrarán
name some third person to act as an un tercero, para que obre como arbitro
arbitrator or umpire in any case or en todos los casos en que puedan diferir
cases in which they may themselves en opinion. El tercero nombrado como
differ in opinion. The person so to be arbitro, antes de proceder como tal,
chosen as arbitrator or umpire shall, hará y suscribirá una solemne declara-
before proceeding to act as such, make cion en la misma forma de la que hayan
and subscribe a solemn declaration, in hecho y suscrito los Comisionados, y
a form similar to that which shall que tambien se incluirá en el proceso-
already have been made and subscribed verbal, ó acta de sus procedimientos.
by the Commissioners, and which shall En caso de muerte, ausencia, ó inca-
also be entered on the record of the pacidad de dicho tercero, ó en él de
proceedings. In the event of the omision, denegacion, ó cesacion de
death, absence, or incapacity of such obrar como tal arbitro, se nombrará
person, or of his omitting, or declining, otro como queda dicho, para que obre
or ceasing to act as such arbitrator or en su lugar, el cual hará y suscribirá la
umpire, another person shall be named declaracion que se ha indicado.
as aforesaid to act as arbitrator or
umpire in his place, and shall make
and subscribe such declaration as
aforesaid.
TV
21
Her Britannic Majesty and the Re- Su Magestad Británica y la República
public of Honduras hereby engage to de Honduras se obligan en considerar
consider the decision of the Commis. las decisiones de los Comisionados por
sioners conjointly, or of the arbitrator sí, ó por medio del tercero, si llega el
or umpire, as the case may be, as final caso, como final y concluyente en todas
and conclusive on the matters hereby las materias que se remitan á su deci-
referred to their decision; and they sion, y se obligan á hacerla llevar inme-
further engage forthwith to give full diatamente á su debido efecto.
effect to the same.
11Y
ARTICLE V.
ARTICULO V.
The Commissioners and the arbitrator Los Comisionados y arbitro llevarán
or umpire shall keep an accurate record, un proceso-verbal exacto de todos sus
and correct minutes or notes, of all escritos ó notas de sus procedimientos
their proceedings, with the dates there. con las fechas respectivas, y nombrarán
of, and shall appoint and employ a ó emplearán uno ó mas dependientes ó
clerk or other persons to assist them in empleados, para que asistan en las
the transaction of the business which transacciones ó asuntos que se remitan
may come before them.
á sus manos.
The salaries of the Commissioners Las dietas de los Comisionados serán
shall be paid by their respective Go- pagadas por los respectivos Gobiernos.
vernments. The contingent expenses Los gastos contingentes de la Comision,
of the Commission, including the salary incluyendo el honorario del arbitro y
of the arbitrator or umpire, and of the dal empleado ó de los empleados, serán
clerk or clerks, shall be defrayed in sufragados por iguales partes por los
equal moitỉes by the two Govern. dos Gobiernos.
ments.
ARTICLE VI.
ARTICULO VI.
The present Convention shall be La presente Convencion será ratifi-
ratified, and the ratifications shall be cada, y las ratificaciones canjeadas en
exchanged at London, as soon as Londres en doce meses, o antes si
possible within twelve months from posible fuere, de la fecha.
this date.
In witness whereof the respective En fé de lo cual los respectivos
Plenipotentiaries have signed the same, Plenipotenciarios la han firmado, y
and have affixed thereto their respec- sellado con sus sellos respectivos.
tive seals.
Done at London, the twenty-seventh Hecha en Londres, á veinte y siete
day of August, in the year of our Lord de Agosto, del año de nuestro Señor de
one thousand eight hundred and fifty- mil ochocientos cincuenta y seis,
six.
(L.S.) CLARENDON.
(L.S.) CLARENDON.
(L.S.) VR. HERRAN.
(L.S.) VR. HERRAN.
Inclosure 3 in No. 3.
Convention between Her Majesty and the Republic of Honduras, relative to the
Bay Islands. Signed at London, August 27, 1856.
HER Majesty the Queen of the SU Magestad la Reina del Reino
United Kingdom of Great Britain and Unido de la Gran Bretaña e Irlanda, y
Ireland, and the Republic of Honduras, la República de Honduras, deseosos de
being desirous to settle in a friendly arreglar de una manera amigable ciertas
manner certain questions connected cuestiones relativas á los limites terri-
with the territorial limits of the Repub- toriales de la República, ban resuelto
lic, have resolved to conclude a Con- concluir una Convencion con tal objeto,
vention for that purpose, and have nombrando al efecto sus Plenipoten-
named as their Plenipotentiaries, that ciarios, á saber :
is to say:
Her Majesty the Queen of the United Su Magestad la Reina del Reino
ni
22
Kingdom of Great Britain and Ireland, Unido de la Gran Bretaña e Irlanda,
the Right Honourable George William al muy Honorable George Guillermo
Frederick, Earl of Clarendon, Baron Federico, Conde de Clarendon, Baron
Hyde of Hindon, a Peer of the United Hyde de Hindon, Par del Reino Unido,
Kingdom, a Member of Her Britannic Miembro del muy Honorable Consejo
Majesty's Most Honourable Privy Privado de Su Magestad Británica,
Council, Knight of the Most Noble Caballero de la muy Noble Orden
Order of the Garter, Knight Grand de la Jarretera, Graní Cruz de la muy
Cross of the Most Honourable Order Honorablé Orden del Baño, Principal
of the Bath, Her Britannic Majesty's Secretario de Estado de Su Magestad
Principal Secretary of State for Foreign Británica para los Negocios Estrair-
Affairs;
geros;
And His Excellency the President of Y Su Excelencia el Presidente de la
the Republic of Honduras, Señor República de Honduras, al Señor Doc-
Doctor Juan Victor Herran, Minister tor Juan Victor Herran, Ministro
Plenipotentiary of the Republic to Her Plenipotenciario de la República cerca
Britannic Majesty ;
de Su Magestad Británica ;
Who, after having communicated to Quienes, despues de haberse comu-
each other their respective full powers, nicado sus respectivos plenos poderes,
found in good and due form, have encontrados en buena y debida forma,
agreed upon and concluded the follow- han convenido y concluido los Arti-
ing Articles :-
culos siguientes :-
ARTICLE I.
ARTICULO I.
1
Taking into consideration the pecu Teniendo en consideracion la pecu-
liar topographical position of Honduras, liar posicion topográfica de Honduras,
and in order to secure the neutrality of y para asegurar la neutralidad de las
the Islands adjacent thereto, with refer- Íslas adyacentes á ella, con respeto á
ence to any railway or other line of todo camino de hierro ú otra linea de
interoceanic communication which may comunicacion interoceánica que pueda
be constructed across the territory of construirse á traves del territorio de
Honduras, Her Britannic Majesty and Honduras, Su Magestad Británica y la
the Republic of Honduras agree to República de Honduras convienen
constitute and declare the Islands of constituir y declarar las Islas de Roatán,
Ruatan, Bonaca, Elena, Utile, Barba Bonaca, Elena, Utila, Barbareta, y
rete, and Morat, situated in the Bay Morat, situadas en la' Bahia de Hon.
of Honduras, a Free Territory, under duras, Territorio Libre bajo la soberania
the sovereignty of the Republic of de la República de Honduras.
Honduras.
The present legislative, judicial, and Las presentes autoridades legisla-
executive authorities in the said Islands tivas, judiciales, y ejecutivas de dichas
shall remain in the exercise of their Islas permanecerán en ejercicio de sus
functions until the Legislative Assembly funciones, hasta que la Asamblea
of the said Islands shall otherwise pro- Legislativa de las mismas Islas proveerá
vide, with, however, the following ex. lo conveniente, con las escepciones
ceptions :
siguientes :-
All functions hitherto exercised by Todas las funciones ejercidas hasta la
the Crown of Great Britain and by the presente por la Corona de la Gran Bre-
Governor of Jamaica in the govern- taña y por el Gobernador de Jamaica
ment and legislation of the said Islands en el gobierno y legislacion de dichas
shall cease from the date of the pro- Islas, cesarán desde la fecha de la pro-
clamation of this Convention therein; clamacion de esta Convencion, cuya
and such proclamation shall be made proclamacion se hará tan pronto como
as soon as possible after the exchange. sea posible despues del cambio de las
of the ratifications.
ratificaciones.
All functions hitherto exercised by Todas las funciones ejercidas hasta
the Superintendent of the British ahora por el Superintendente de
settlements in the Bay of Honduras, in los establecimientos Británicos en la
the capacity of Lieutenant-Governor of Bahia de Honduras, en la capacidad de
the said Islands, and by the presiding Teniente-Gobernador de dichas Islas, y
magistrate therein resident, in the por el magistrado presidente residente en
government and legislation of the said ellas, en el gobierno y legislacion de las
Islands, shall cease six months after mismas Islas, cesarán seis meses despues
23
the date above mentioned, unless the de la fecha mencionada, á menos que
Legislative Assembly shall sooner pro- la Asamblea Legislativa provea antes
vide substitutes for the above-inentioned la sostitucion de los indicados funcion-
functionaries
arios.
The inhabitants of the Free Territory Los habitantes del Territorio Libre
shall then permanently possess the gozarán permanentemente los sigui-
following rights and immunities : entes derechos é inmunidades :-
1. The right to govern themselves 1. El derecho de governarse por
by means of their own Municipal Go- medio de su propio Gobierno Municipal,
vernment, to be administered by legis- cuya administracion legislativa, ejecu-
lative, executive, and judicial officers tiva, y judicial será por empleados eleji-
of their own election, according to their dos por ellos, conforme á sus propias
own regulations.
regulaciones.
2. Trial by jury in their own Courts. 2. Del juicio por jurados en sus pro-
pias Cortejuicio por jurad
ous belief
TY
3. Perfect freedom of religious belief 3. De perfecta libertad de creencia
and worship, public and private. religiosa y de culto público y privado.
4. Exemption from all duties of . 4. Exencion de todo derecho de
customs, and from all taxation on real aduana y de todo impuesto sobre bienes
estate or other property, except such raices ó cualquiera propiedad, escepto
as may be imposed by their own los que se impongan por su propia
Municipality, and collected for the Municipalidad y se colecten por el
Treasury of the Free Territory, to be Tesorero del Territorio Libre, para em-
applied for the benefit of the said Free plearlos en beneficio del mismo Terri-
Territory.
torio Libre.
5. Exemption from military service, 5. Exencion de todo servicio militar,
except for the defence of the Free Ter- escepto para la defensa del Territorio
Libre, y dentro de sus propios limites.
The Republic of Honduras engages La República de Honduras se obliga
not to exercise its right of sovereignty en no ejercer sus derechos de soberania
over the Islands which are to constía sobre las Islas que se constituyen
tute such Free Territory in any manner Territorio Libre, en ninguna manera en
in violation of the rights and immu- violacion de los derechos é inmuni.
nities specified in this Article.
dades especificadas en este Articulo.
The Republic also engages not to Tambien se obliga la República en
erect, nor to perinit the erection, of no erijir ni permitir la ereccion de
any fortifications on the said Islands, ninguna fortificacion en dichas Islas, ó
or on any other Islands in the Bay of en cualesquiera otras Islas en la Bahia
Honduras and within the territory of de Honduras dentro del territorio de la
the Republic of Honduras; nor to cede República de Honduras; ni ceder tales
such Islands, or any of them, or the Islas, ó alguna de ellas, ó el derecho de
right of sovereignty over such Islands, soberania sobre ellas, ó alguna de ellas,
or any of them, or any part of such ó alguna parte de la soberania, á nin-
sovereignty, to any nation or State guna nacion ó Estado cualquiera que
whatsoever.
And whereas slavery has not existed. Y en virtud de que jamas ha existido
in the said Islands, the Republic of la esclavitud en dichas Islas, la Repúb-
Honduras hereby engages that slavery lica de Honduras se obliga a no
shall not at any time hereafter be per- permitir en ningun tiempo la escla-
mitted to exist therein.
vitud en ellas.
: sea.
ARTICLE II.
ARTICULO II.
The Contracting Parties agree to Las Partes Contratantes convienen
communicate the present Convention. en comunicar la presente Convencion
to all other maritime Powers, and to á todas las demas Potencias maritimas,
invite them to accede to it.
y invitarlas á adherir á ella.
La presente Conya
ARTICLE III.
ARTICULO III.
The present Convention shall be La presente Convercion será ratifi-
ratified, and the ratifications shall be cada, y las ratificaciones se canjearán
exchanged at London as soon as pos- en Londres en doce meses, ó antes si
sible within twelve months from this posible fuere.
date,
sin changed at London.cations shall be
E 2
24
In witness whereof the respective En fé de lo cual los respectivos.
Plenipotentiaries have signed the same, Plenipotenciarios la han firmado, y
and have affixed thereto their respective sellado con sus sellos respectivos.
seals.
Done at London, the twenty-seventh Hecha en Londres, á veinte y siete
day of August, in the year of our de Agosto, del año de nuestro Señor
Lord one thousand eight hundred and de mil ochocientos cincuenta y seis.
fifty-six.
(L.S.) CLARENDON.
(L.S. CLARENDON.
(L.S.)
VR. HERRAN.
VR. )
VR. HERRAN.
LUUN
No. 4.
The Earl of Clarendon to Lord Napier.
My Lord,
Foreign Office, February 18, 1857.
I INCLOSE herewith, for your information, a copy of a Treaty between
Her Majesty and the United States of America respecting Central America which
I signed with the United States' Minister at this Court on the 17th of October
last. The ratifications of this Treaty have not yet been exchanged.
I am, &c.
(Signed) CLARENDON.
Inclosure in No. 4.
Treaty between Her Majesty and the United States of America, respecting Central
America ; with three Separate Articles thereunto annexed. Signed at London,
October 17, 1856.
HER Majesty the Queen of the United Kingdom of Great Britain and
Ireland, and the United States of America, being desirous to settle in a friendly
manner the questions which have come into discussion between them relative to
Central America, have resolved to conclude a Treaty for that purpose, and have
named as their respective Plenipotentiaries, that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, the Right Honourable George William Frederick, Earl of Clarendon,
Baron Hyde of Hindon, a Peer of the United Kingdom, a Member of Her
Britannic Majesty's Most Honourable Privy Council, Knight of the Most Noble
Order of the Garter, Knight Grand Cross of the Most Honourable Order of
the Bath, Her Britannic Majesty's Principal Secretary of State for Foreign
Affairs ;
And the President of the United States of America, George Mifflin Dallas,
Esquire, Envoy Extraordinary and Minister Plenipotentiary of the United States
to Her Britannic Majesty;
Who, after having communicated to each other their respective full
powers, found in good and due form, have agreed upon and concluded the
following Articles :-
ARTICLE I.
Her Britannic Majesty and the United States of America agree jointly to
propose to the Republics of Nicaragua and of Costa Rica the arrangements
contained in the following Articles.
ARTICLE II.
À territory comprised within the following limits shall be set apart for the
Nosquito Indians.
The boundary line shall begin at the mouth of the River Rama in the
Caribbean Sea ; thence it shall run up the midcourse of that river to its source,
and from such source proceed in a line due west to the meridian of 84° 15'
longitude west from Greenwich ; thence due north up the said meridian until it
25
strikes the River Brachma, and down the midcourse of that river to its mouth in
the sea at about latitude from 14° to 15° north, and longitude 83° west, from the
meridian of Greenwich ; and thence southerly along the shore of the Caribbean
Sea to the mouth of the River Rama, the point of commencement.
The inland boundary shall be designated and marked out by two Commis-
sioners, to be appointed, one by Her Britannic Majesty, and one by the President
of the Republic of Nicaragua.
If, in making the survey for this purpose, there should be discovered any
natural boundary within fifteen English miles of the above-mentioned meridian
line, on the western side of such meridian line, and extending the whole distance
from the River Brachma to the parallel of the River Rama, it shall be the duty
of the Commissioners to report the same; and such natural boundary shall be
adopted instead of the astronomical onc.
If, in making the survey, it should be found that the due north line on the
meridian of 81° 15' longitude west from Greenwich does not strike the River
Brachma, it is agreed that the boundary shall be contempleted by a line to be
drawn due west from the source of the said river to the said meridian ; and that
if the Commissioners should discover any natural boundary within five English
miles north of the line to be in such case drawn due west from the source of the
River Brachma to the meridian of 84° 15' longitude west from Greenwich, it
shall be their duty to report the same ; and such natural boundary shall be
adopted in preference to the due west line.
ARTICLE III.
The Mosquito Indians, confining themselves within the territory designated
by the preceding Article, shall enjoy the right to make, by their national Council
or Councils, and to carry into effect, all such laws as they may deem necessary for
the government and protection of all persons within the same, and of all property
therein, belonging to their people or to such persons as have connected them-
selves with them. Their rights of property and of local government within the
territory defined, as described in the preceding Article, shall be recognized,
affirmed, and guaranteed by the Republic of Nicaragua in Treaties to be made by
that State with Great Britain and the United States, respectively; and the
Republic of Nicaragua, in each of those Treaties, shall stipulate and engage that
it will enact laws to prevent the purchase of lands from the Mosquito Indians,
and the introduction and sale of spirituous liquors among the said Indians, and
that the Republic will protect them from all inroads, intrusions, or aggressions,
along their western and northern frontier.
The Mosquito Indians shall not be able to cede their territory or rights
to any other State without the consent of Great Britain and the United States,
by each separately expressed ; it being, however, understood that nothing shall
preclude the conclusion of such voluntary compact and arrangements between
the Republic of Nicaragua and the Mosquito Indians, by which the latter may
be definitively incorporated and united with the former ; but it shall be stipu-
lateil, in such case, that the said Mosquito Indians shall enjoy the same rights,
and be liable to the same duties, as the other citizens of the said Republic of
Nicaragua.
ARTICLE IV.
All the territory south of the River Wanx or Segovia, not included within
the limits of the reservation set apart for the Mosquito Indians as described in
Article II, shall, without prejudice to the rights of the Republic of Honduras, or
to any question of boundary between that Republic and the Republic of Nicaragua,
be recognised and declared to be within the limits and sovereignty of the Republic
of Nicaragua on the following conditions:
1. The Republic of Costa Rica shall retain for its citizens the freedom of
navigation up and down the River San Juan, from its mouth to the mouth of
the Serapiqui river, with liberty to enter and quit the port of San Juan or
Greytown with their vessels, and to store their cargoes in that port, and without
being subject to any duties of import or export, tonnage duty, or other tax
or public charge whatever, except for light-money and other necessary port
charges.
2. The Republics of Nicaragua and of Costa Rica shall allow the territorial
TT
1
26
disputes between them, and the limits or extension to be given to the town of
San Juan or Greytown (if the same cannot be amicably adjusted between them-
selves and that town), to be settled by the arbitration of Great Britain and the
United States of America, who in any doubtful point shall be able to call for the
decision of a third party.
3. All bona fide grants of land for due consideration made in the name and
by the authority of the Mosquito Indians since the 1st of January, 1848, and
lying beyond the limits of the territory reserved for said Indians, shall be
confirmed, provided the same shall not exceed in any case the extent of one
hundred yards square, if within the limits of San Juan or Greytown, or one
league square if without the same, and provided that such grant shall not inter-
fere with other legal grants made previously to that date by Spain, the Republic
of Central Ainerica, or either of the present States of Central America; and
provided further that no such grant within either of the said States shall include
territory desired by its Government for forts, arsenals, or other public buildings.
This stipulation is in no manner to affect the grants of land made previously to
the 1st of January, 1848,
In case, however, any of the grants referred to in the preceding paragraph
of this section should be found to exceed the stipulated extent, the Commis-
sioners hereinafter mentioned shall, if satisfied of the bona fides of any such
grants, award to the grantee or grantees, or to his or their representatives or
assigns, an area equal to the stipulated extent.
And in case any bona fide grant, or any part thereof, should be desired by
the Government for forts, arsenals, or other public buildings, the Government
shall compensate the holders for the same, the amount of compensation to be
assessed and determined by the said Commissioners.
4. The Republic of Nicaragua shall constitute and declare the port of
Greytown or San Juan a free port, and the city a free city (though under the
sovereign authority of the Republic), whose inhabitants shall enjoy the following
rights and immunities :
(a.) The right to govern themselves by means of their own Municipal
Government, to be administered by legislative, executive, and judicial officers
of their own election, according to their own regulations.
(6.) Trial by jury in their own courts.
(c.) Perfect freedom of religious belief, and of worship, public and private.
(d.) The Municipal Government shall lay no duties on goods exported,
nor any duties on goods imported, intended for transit across the Isthmus or for
consumption without the city, nor any duties of tonnage on vessels, except
such as may be necessary for the police of the port and the maintenance of the
necessary lighthouses and beacons. Provided that the present condition shall
not interfere with, or prevent the levy of, a temporary duty on imports for
the purpose of the payment to the Mosquito Indians as stipulated in Article V.
(e.) Exemption from military service, except for the defence of the city, and
within the bounds of the same.
1
2
1
ARTICLE V.
The Republic of Nicaragua shall enter into positive Treaty stipulations with
each of the two Governments of Great Britain and of the United States of
America, that it will make the grant of freedom to the city of Greytown or San
Juan, subject to the condition that the Municipality of the said city shall, as
soon as organized, pass laws and ordinances levying, by tax or duty on imports,
some reasonable sum to be paid half-yearly to the Mosquito Indians by way of
annuity for a limited period, as an indemnity and compensation for their interest
in the territory recognized and declared by the first clause of Article IV to be
within the limits and sovereignty of the Republic of Nicaragua.
ARTICLE VI.
Her Britannie Majesty and the Republic of Nicaragua shall, within six
months after the exchange of the ratifications of the Treaty to be concluded
between them in virtue of the present arrangements, appoint each a Commis-
sioner for the purpose of designating or marking out the inland boundary
separating the territory to be set apart for the Mosquito Indians, as described in
Article Il of the present Treaty, from the rest of the territory of the Republic,
2
22
They shall also appoint, within the same period, each a Commissioner for
the purpose of deciding upon the bona fides of all grants of land mentioned in
section 3 of Article IV of the Treaty as having been made by the Mosquito
Indians of lands heretofore possessed by them, and lying beyond the limits of
the territory described in Article 11.
They shall further appoint, within the same period, each a Commissioner
for the purpose of determining the amount, the period of duration, and the time,
place, and mode of payment of the annuity to be paid to the Mosquito Indians,
according to the stipulations of Article V of the present Treaty.
Her Britannic Majesty and the Republic of Nicaragua shall be at liberty
either to name the same person to fulfil the duties of Commissioner for all three
or for any two of the purposes above described, or to name a separate and distinct
person to be Commissioner for each purpose, as they may see fit.
TY
ARTICLE VII.
The Commissioners mentioned in the preceding Article shall meet at such
place or places as shall be hereafter fixed, at the earliest convenient period after
they shaīl have been respectively named; and shall, before proceeding to any
business, make and subscribe a solemn declaration that they will impartially and
carefully examine and decide, to the best of their judgment, and according to
justice and equity, without fear, favour, or affection to their own country, upon
all the matters referred to them for their decision; and such declaration shall be
entered on the record of their proceedings.
The Commissioners shall then, and before proceeding to any other business,
name some third person to act as Arbitrator or Umpire in any case or cases in
which they may themselves differ in opinion. Each pair of Commissioners shall
separately name the person so to act as their Arbitrator or Umpire. The person
or persons so to be chosen shall, before proceeding to act, make and subscribe
a solemn declaration, in a form similar to that which shall already have been
made and subscribed by the Commissioners, which declaration shall also be
entered on the record of the proceedings. In the event of the death, absence, or
incapacity of such person or persons, or of his or their omitting, or declining, or
ceasing, to act as such Arbitrator or Umpire, another person or other persons
shall be named as aforesaid to act in his or their place or stead, and shall
make and subscribe such declaration as aforesaid.
Her Britannic Majesty and the Republic of Nicaragua shall engage to
consider the decision of the two Commissioners conjointly, or of the Arbitrator :
or Umpire, as the case may be, as final and conclusive on the matters to be i
respectively referred to their decision, and forthwith to give full effect to the
same.
ARTICLE VIII.
The Commissioners and the Arbitrators or Umpires shall keep accurate
records and correct minutes or notes of all their proceedings, with the dates
thereof, and shall appoint and employ such clerk or clerks or other person as
they shall find necessary to assist them in the transaction of the business which
may come before them.
The salaries of the Commissioners shall be paid by their respective Govern-
ments. The contingent expenses of the Commissioners, including the salary of
the Arbitrators or Umpires, and of the clerk or clerks, shall be defrayed in equal
moieties by the two Governments.
ARTICLE IX.
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, and the United States of America, bind themselves, in case the Repub-
lics of Nicaragua and of Costa Rica, or either of them, should refuse to
accept the arrangements contained in the preceding Articles, not to propose
nor consent to any other arrangements more favourable to the refusing party
or parties.
ARTICLE X.
The present Treaty shall be ratified by Her Britannic Majesty, and by the
President of the United States of America by and with the advice and consent
28
of the Senate thereof; and the ratifications shall be exchanged at London as soon
as possible within the space of six months.
and have affixed thereto their respective seals.
Done at London, the seventeenth day of October, in the year of our Lord
one thousand eight hundred and fifty-six.
(L.S.) CLARENDON.
(L.S.)
G. M. DALLAS.
SEPARATE ARTICLES.
ARTICLE I.
Whereas the arrangements set forth in the Treaty of this date are provided
as an adequate substitute for the protection heretofore extended by Great
Britain to the Mosquito Indians; and whercas one or the other, or both, of the
Contracting Parties may find in the condition of their political relations
with the Republic of Nicaragua, obstacle; to prevent an immediate execution
of the said arrangements; now therefore it is agreed and understood as
follows:-
1. That any delay in carrying out the said arrangements, arising from the
circumstances or relations of the Republic of Nicaragua, shall in no respect
impair the validity or force of the Treaty as between the Contracting Parties;
but the same shall remain obligatory upon, and to be executed by, them as early
as may be practicable.
2. That whichever of the two Contracting Parties may soonest find itself
in such political relations with the Republic of Nicaragua as enable it so to do,
shall first propose singly to that Republic the arrangements contained in this
Treaty, and shall obtain by means of a separate Treaty its assent to those
arrangements : the other Contracting Party engaging, and reserving to itself the
right, also to conclude with the said Republic, at the earliest fitting moment, a
Treaty containing the said arrangements.
CY
M
3
ARTICLE II.
And whereas the relations of amity between the Contracting Parties, and
the neutrality of any and every communication by canal or railway across the
isthmus which connects North and South America, and to which communica-
tion by canal or railway their protection has been or shall be extended, may be
further assured by some definite arrangement on two other questions which have
come into discussion ; now it is mutually agreed and understood :-
1. That Her Britannic Majesty's Settlement called the Belize or British
Honduras, on the shores of the Bay of Honduras, bounded on the north by the
Mexican Province of Yucatan, and on the south by the River Sarstoon, was not
and is not embraced in the Treaty entered into between the Contracting
Parties on the 19th day of April, 1850; and that the limits of the said
Belize, on the west, as they existed on the said 19th of April, 1850, shall, it
possible, be settled and fixed by Treaty between Her Britannic Majesty and the
Republic of Guatemala, within two years from the exchange of the ratifications
of this instrument, which said boundaries and limits shall not at any time
hereafter be extended.
2. That the Islands, and their inhabitants, of Ruatan, Bonaca, Utila,
Barbaretta, Helena, and Morat, situate in the Bay of Honduras, and known as
the Bay Islands, having been, by a Convention bearing date the 27th day of
August, 1856, between Her Britannic Majesty and the Republic of Honduras,
constituted and declared a Free Territory under the sovereignty of the said
Republic of Honduras, the two Contracting Parties do hereby mutually agree
to recognize and respect in all future time the independence and rights of the
said Free Territory, as a part of the Republic of Honduras. .
1
MY
ARTICLE III.
The present Separate Articles shall have the same force and validity as it
hey had been inserted, word for word, in the Treaty between Her Britannic
10
29
Majesty and the United States of America, signed this day. They shall be
ratified by Her Britannic Majesty, and by the President of the United States by
and with the advice and consent of the Senate thereof; and the ratifications
shall be exchanged at the same time as those of the Treaty.
In witness whereof the respective Plenipotentiaries have signed the present
Separate Articles, and have affixed thereto the seal of their arms.
Done at London, the seventeenth day of October, in the year of our Lord
one thousand eight hundred and fifty-six.
(L.S.)
CLALENDON.
(L.S.) G. M. DALLAS.
No. 5.
.
Lord Napier to the Earl of Clarendon.--(Received March 29.)
My Lord,
Washington, March 12, 1857.
I HAD, this afternoon, an interview with General Cass, when I requested
that he would communicate to me the views taken in the Senate with reference
to the Central American Treaty, as far as was consistent with the secrecy of the
pending deliberation.
The Secretary of State replied, that the subject was at that very hour under
discussion, and that opinions were divided in the following manner: some held
that the Treaty should be sanctioned in its original form ; others, that it should
be accepted with certain modifications, while a third party advocated its rejection,
but proposed to temper this course by the adoption of certain resolutions
embodying sentiments of a friendly disposition towards Great Britain, and
approving a settlement of the Central American question in conformity with the
spirit of the Treaty agreed to by your Lordship and Mr. Dallas. General Cass
appeared to anticipate that the last alternative would prevail.
I remarked that I was not surprised by the result wbich he predicted, for
impressions of a similar character had been imparted to me at New York; but
I added, that Her Majesty's Government would certainly learn with concern
that all the efforts of Mr. Dallas, aided by your Lordship's generous co-operation,
had not succeeded in framing an arrangement acceptable to the Senate: such
an issue had not been anticipated by the United States' Minister, and your
Lordship's expectations of the success of the Treaty had been confirmed by the
intelligence derived from Mr. Dallas, that he, General Cass, had given the
measure his support in the first instance.
The Secretary of State explained, that at an early period a general outline
of the projected arrangement had reached him, and had certainly obtained his
warm approval, but that when he came to know the details more accurately, he
recognized in them principles of forcign intervention repugnant to the policy of
the United States. The Treaty engaged the Government of the United States
to combine with that of Great Britain in urging a certain course of conduct on
a foreign State. This could not be allowed ; it was not consistent with the
constant practice of his country. The object indeed was good, and he hoped it
might be attained in another shape. It might be prosecuted by a direct and
distinct negotiation between Great Britain and Nicaragua, in which Her Majesty's
Government would, if necessary, have the good offices of the President.
General Cass then passed some reflections on the Clayton-Bulwer Treaty;
he had voted for it, and, in doing so, he believed that it abrogated all inter-
vention on the part of England in the Central American territory. The British
Government had put a different construction on the Treaty, and he regretted
the vote he had given in its favour. He did not, however, pretend that the
British Governinent should now unconditionally abandon the Mosquitos, with
whom they had relations of an ancient date; it was just, and consistent with the
practice of the United States, that those Indians sliould be secured in the
separate possession of lands, the sale of which should be prohibited, and in the
enjoyment of rights and franchises, though in a condition of dependency and
protection. The British Government had already l'emoved one impediment to
the execution of the Bulwer-Clayton Treaty, by the cession of their claims on
Ruatan : two difficulties now remained the frontier of Belize, and the delimi-
IBO
1
II
30
tation and settlement of the Mosquito tribe: If the frontier could be defined, and
if the Mosquitos could be placed in the enjoyment of their territory by Treaty
between Great Britain and Nicaragua, in which the concessions and guarantees
of the latter in favour of the Indians should be associated with the recognition
of the sovereignty of Nicaragua--so I understood the General-then the Bulwer-
Clayton Treaty might be a permanent and satisfactory settlement between the
Contracting Parties. The United States desired nothing else than an absolute
and entire neutrality and independence of the Central American region, free
from the exercise of any exclusive influence or ascendancy whatever.
The Secretary of State terminated a rather desultory conversation on these
matters, by stating that his present remarks were to be regarded as of a merely
general and speculative nature. The Senate had not yet pronounced; as soon
as the decision was known, and the resolutions taken, they should be trans-
mitted to your Lordship through Mr. Dallas, and communicated to myself.
General Cass, before I took my leave, offered me an emphatic assurance
of goodwill to the Government of Great Britain, and expressed the satisfaction
which he hoped to find in his correspondence with Her Majesty's Mission,
I have, &c.
(Signed) NAPIER.
No. 6.
The Earl of Clarendon to Lord Napier.
TY
My Lord,
Foreign Office, April 1, 1857.
I HAVE to state to your Lordship that I approve of the language which
you used to General Cass, as reported in your despatch of the 12th ultimo,
upon the subject of the Central American Treaty.
I am, &c.
(Signed) , CLARENDON.
No. 7.
Lord Napier to the Earl of Clarendon.-(Received April 7.)
My Lord,
Washington, March 23, 1857.
I HAVE the honour to acquaint your Lordship that the Central American
Treaty has received the ratification of the President of the United States, subject
to the alterations proposed in the Senate.
Mr. Evans, a gentleman unconnected with political employment, has been
charged to convey the modified Convention to Mr. Dallas, along with a despatch
in which it is recommended to the favourable consideration of Her Majesty's
Government.
The United States' Minister is directed to place a copy of the instruction in
question in your Lordship's hands,
I have, &c.
(Signed) NAPIER.
No, 8.
Mr. Dallas to the Earl of Clarendon.—(Received April 8.)
Legation of the United States, London, April 7, 1857.
. THE Undersìgned, Envoy Extraordinary and Minister Plenipotentiary of
the United States, has the honour to inform the Earl of Clarendon, Her Majesty's
Principal Secretary of State for Foreign Affairs, that he has received, by special
bearer from Washington, the Treaty negotiated by his Lordship and the Under-
signed on the 17th of October last, with amendments since made thereto by the
Senate of the United States, and with the ratification of the President, by and
with the advice of the Senate, annexed to the instruinent.
The Undersigned has also received certain instructions from Mr. Cass, the
Secretary of State, bearing date 21st of March, 1857, exclusively relating to the
foregoing subject.
With a view to place the whole matter before Her Majesty's Government,
copies of each of these papers accompany this despatch, and their consideration
is respectfully asked.
: The Undersigned, &c. ' ; (Signed). G. M. DALLAS.
-
.
Inclosure 1 in No. 8.
James Buchanan, President of the United States of America.
To all and singuļar who shall see these presents, greeting !
", WHEREAS a Treaty and Separate Articles between the United States of
America and Her Majesty the Queen of the United Kingdom of Great Britain
'and Ireland, relative to Central America, were concluded and signed at London,
by their respective Plenipotentiaries, on the 17th day of October last, which
Treaty and Separate Articles are word for word as follows:
[Here follows the Treaty, as printed at page 24, Inclosure in No. 4.]
And whereas the Senate of the United States, by their Resolution of the
12th instant, two-thirds of the Senators present concurring, did advise and
consent to the ratification of the said Treaty and Separate Atrticles, with the
following amendments : : :
Article I. After the words " agice," insert the words "as common friends
of the parties concerned," and strike out the word “jointly."
· Article III. In the 4th line, after the words “ such laws,” insert the words
« not inconsistent with the sovereign rights of the State of Nicaragua.” .
In the 15th line, after the words “ Indians and,” insert the words “ tọ.
exclude the settlement of other persons amongst them without the licence of the
State of Nicaragua, and the consent of the said Indians, and also.”..
In the 20th line, after the word “able,” insert the words to enter into any
agreement or alliance with, or."!.
. ..In the 21st line, after the word “ of," insert the word “ Nicaragua," :
In the 21st line, after the word “rights," insert the words “in said
territory :” and in the same line, after the word “any,” strike out the word
-66 other.” . .
In the 27th line, after the word “be," insert the words “ admitted to be
citizens and.”
: In the 27th line, after the word “former,” strike out the words " but it
shall be stipulated in such case that the said Mosquito Indians shall enjoy the
same rights, and be liable to the same duties, as the other citizens of the said
Republic of Nicaragua.”
:: Article IV. Strike out the following clause" 3:"~
...“3. All bona fide grants of lands, for due consideration, made in the name
and by the authority of the Mosquito Indiaans since the 1st of January, 1848,
and lying beyond the limits of the territory reserved for said Indians, shall be
confirmed, provided the same shall not exceed, in any case, the extent of 100
yards square if within the limits of San Juan or Greytown, or league square
if without the same; and provided that such grants shall not interfere with
other legal grants made previously to that date by Spain, the Republic of
Central America, or either of the present States of Central America; and
provided further, that no such grant within either of the said States shall include
territory desired by its Government for forts, arsenals or other public buildings.
This stipulation is in no manner to affect the grants of land made previously
to the 1st of January, 1848... .
:!“In case, however, any of the grants referred to in the preceding paragraph
of this section should be found to exceed the stipulated extent, the Commis-
sioners hereinafter-mentioned shall, il satisfied of the bona fides of any such
grants, award to the grantee or grantees, or to his or their representatives or
assigns, an area equal to the stipulated extent.
“And in case any bonit fide grant, or any part thereof, should be desired by
11
1
pl
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32
the Government for forts, arsenals, or other public buildings, the Government
shall compensate the holders for the same; the amount of compensation to be
assessed and determined by the said Commissioners."
Change clause “4” to “3.".
Article VI. Strike out the following clause :-
“They shall also appoint, within the same period, each a Commissioner for
the purpose of deciding upon the bona fides of all grants of land mentioned in
section 3 of Article IV of the Treaty as having been made by the Mosquito Indians
of lands heretofore possessed by them, and lying beyond the limits of the territory
described in Article 11."
In the last clause of Article VI, in lines 3 and 4, strike out the words "all
three, or for any two of the," and insert the words “the two."
Article IX. Strike out this Article in the following words:
“Article IX. The United States of America and Her Majesty the Queen of
the United Kingdom of Great Britain and Ireland bind themselves, in case the
Republics of Nicaragua and Costa Rica, or either of them, should refuse to
accept the arrangements contained in the preceding Articles, not to propose nor
consent to any other arrangements more favourable to the refusing party or
parties."
Change Article X to Article XI.
Separate Articles.
Article II. Strike out clause 2 of definitive arrangement as follows:
62. That the Islands, and their inhahitants, of Ruatan, Bonaca, Utila,
Barbaretta, Helena, and Morat, situate in the Bay of Honduras, and known as
the Bay Islands, having been, by a Convention bearing date the 27th day of
August, 1856, between Her Britannic Majesty and the Republic of Honduras,
constituted and declared a free territory under the sovereignty of the said
Republic of Honduras, the two Contracting Parties do hereby mutually engage to
recognise and respect, in all future time, the independence and rights of the said ·
free territory as a part of the Republic of Honduras.”
And insert the following in lieu thereof, viz. :-
“ 2. The two Contracting Parties do hereby mutually engage to recognise
and respect the Islands of Ruatan, Bonaca, Utila, Barbaretta, Helena, and
Morat, situate in the Bay of Honduras, and off the coast of the Republic of
Honduras, as under the sovereignty and as part of the said Republic of
Honduras."
Now, therefore, I, James Buchanan, President of the United States of
America, having seen and considered the said Treaty and Separate Articles, do,
in pursuance of the aforesaid advice and consent of the Senate, by these presents
accept, ratify, and confirm the same, as amended by the Senate of the United
States, and every clause and Article thereof.
In faith whereof I have caused the seal of the United States to be hereunto
affixed.
Given under my hand at the city of Washington, this 19th day of March,
in the year of our Lord 1857, and of the independence of the said States the
eighty-first.
(Signed) JAMES BUCHANAN.
By the President :
(Signed) LEWIS Cass, Secretary of State.
Inclosure 2 in No. 8.
General Cass to Mr. Dallas.
Department of State, Washington, March 21, 1857.
I TRANSMIT you herewith a copy of the Treaty between the United
States and Great Britain, negotiated at London by yourself and Lord Clarendon
on the 17th of October last, together with the amendments proposed by the
Senate. The ratification by the President, by and with the advice of the Senate,
is annexed to this instrumento
IT
33
I am directed by the President to request you to communicate a copy to
Her Britannic Majesty's Principal Secretary of State for Foreign Affairs, and
to ask the attention of the British Government to the subject.
Agreeably to the established usage of this Government, in cases deemed
necessary, amendments have been introduced by the Senate into this Treaty.
If the British Government accede to these propositions, and consent to
ratify the Treaty as it has passed the Senate, an immediate exchange of ratifica-
tions will be all that will be necessary to render it obligatory upon both countries.
Should that Government, however, refuse its consent, your duties connected
with the Treaty will be terminated, at least for the present.
:: It is not necessary that I should explain the nature of these proposed
amendments. They are sufficiently clear, and, in fact, but serve to carry out
the principles avowed by the parties with more certainty and precision.
The President is sincerely desirous that all difficulties between the two
countries should be satisfactorily adjusted ; and it is his purpose, during his
administration, to employ his best efforts to cultivate the most friendly relations
between them. In this spirit he has consented to give his ratification to the
Treaty.
The negotiation which led to this arrangement was conducted under the
authority of his predecessor, and the Treaty which was the result was submitted
by him to the Senate. That body returned it to the present Executive, after
exercising their constitutional power of advising and consenting that it should
be “ made.”
The amendments render the arrangement much more acceptable in the
opinion of the President, though they do not fully remove some of his objec-
tions. Still he has deemed it best, under all the circumstances, that the diffi-
culties between the two Governments in regard to Central America should be
terminated in the manner proposed, and that thus the only cause for misunder-
standing between them should be finally removed.
You are authorized to lay a copy of this instruction before Lord
Clarendon.
I am, &c.
(Signed) LEWIS CASS.
-
1
No. 9.
The Earl of Clarendon to Lord Napier.
12
TI
My Lord,
. Foreign Office, April 17, 1857.
MR. DALLAS communicated to me, on the 7th instant, a copy of the
ratification by the President of the Treaty which I had signed with Mr. Dallas
on the 17th of October last, and which had been considered and, in some
respects, modified by the Senate of the United States, and to which, as so
modified, the ratification of the President applied. Mr. Dallas at the same time
communicated to me a copy of a despatch from the Secretary of State of the
United States on the subject.
I inclose, for your information, copies of those papers. *
Her Majesty's Government have had to consider, first, whether it was
possible for them to accept the modifications introduced by the Senate into the
signed Treaty; and secondly, whether Her Majesty could ratify an engagement
which, in its altered form, had not been signed by a Plenipotentiary on her
part.
Now the modifications are twofold: they apply to proposals which were to
be made by Great Britain and the United States jointly to Nicaragua, and to
engagements to be taken by the two Governments towards each other.
As regards the former class, although Her Majesty's Government would
most gladly have acted in close co-operation with the Government of the United
States for all the purposes specified, yet, as the Government of the United States
are not prepared to agree with them to the full extent of what was contemplated,
they will not, on that ground, hesitate to go with the United States as far as the
latter will go with them, since they do not thereby preclude themselves from
* Inclosures in No. 8.
: 34
singly pressing on the Government of Nicaragua the recognition of the claims
which British subjects may have in virtue of grants of land formerly made to
them in the Mosquito territory, and for the settlement of which, and of similar
claims on the pait of citizens of the United States, if there are any such, the
third clause of Article IV was intended to provide.
: Her Majesty's Government have no objection to the introduction in Article I
of the words “as common friends of the parties concerned ;” neither do they
object to make to the Republic of Nicaragua the proposition respecting the
Mosquito Indians, in the terms which have been preferred by the Senate of the
United States.
Her Majesty's Government would have wished to retain Article IXY as
tending to deprive the Governments of Nicaragua and Costa Rica of all induce-
ment to delay their accession to the proposed arrangements, in the hopes of
obtaining hereafter conditions which they might consider more favourable ; but
Her Majesty's Government do not desire further to press that point on the
Government of the United States.
. Thus far, therefore, Her Majesty's Government adopt the modifications
made by the Senate of the United States. But they regret that they cannot
adopt the modification in the Second Separate Article, which Article provides,
not for a proposal to be made by the Contracting Parties to another Power, but
for an engagement to be taken between themselves.
Her Majesty's Government think it probable that the Senate of the United
States, in modifying the second clause of that Article, considered that the Treaty
which I signed on the 27th of August last with the Plenipotentiary of the
Republic of Honduras was already ratified and in force; and if such had been the
case, Her Majesty's Government would have had little difficulty in agreeing to
the modification proposed by the Senate, which then would have had in effect
the same signification as the original wording.
But as the ratifications of the Treaty with Honduras are not yet exchanged,
Her Majesty's Government cannot, at the present time, agree to a wording which
would unconditionally recognize the sovereignty of the Republic of Honduras
over the Bay Islands, and thus leave the British settlers in those Islands without
the protection and securities provided for thein in the Treaty with Honduras.
Nevertheless, although Her Majesty's Government are unable, for the reason
which I have assigned, to accept the modification of the Senate as a substitute
for the original clause in the Second Separate Article, they are willing to adopt
it as far as it goes, adding to it, however, the following passage :-“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 ceded, and the
Republic of Honduras shall have accepted, the said Islands, subject to the
provisions and conditions contained in such Treaty."
The inability of Her Majesty's Government to accept the modifications
introduced by the Senate in the shape in which those modifications are presented
to them, renders it unnecessary for me to enter into the question as to whether
it would be possible for the Queen to ratify an engagement which had not been
signed by a Plenipotentiary on the part of Her Majesty. But I should have
been perfectly ready to conclude with Mr. Dallas a fresh Treaty, in which the
modifications introduced by the Senate into the main body of the Treaty of
October 17, should be adopted; and in which, likewise, the modification as
regards the second clause of the Second Separate Article should find a place,
with the addition of the passage which I have set forth in this despatch.
I find, however, from Mr. Dallas, that he is not empowered to adopt this
course; and, therefore, Her Majest.y's Government being, equally with the
President and the Senate of the United States, anxious to lose no time in
removing what has been in former years the cause of difference between the two
countries, have determined to send out to you a full power, under Her Majesty's
Sign Manual, in virtue of which you will be authorized to sign, with any Pleni-
potentiary named on the part of the United States, a Treaty framed as I have
now described it, which Treaty, on being ratified by the President, will immediately
2
ratified by Her Maiestreaty, on being ratified lates, a Treaty framed a
The text of that Treaty, such as Her Majesty's Government are prepared to
agree to, is inclosed. You will understand that you are not authorized to depart
from the terms therein specified ; and Her Majesty's Government ti'ust that you
will have no difficulty in explaining to the American Government the cause
35
which prevents Her Majesty's Government from accepting in their present shape
the modifications inserted by the Senate, and that you will be able to induce the
Secretary of State to conclude with you a fresh Treaty in the terms of the draft
now sent to you,
I am, &c.
(Signed) CLARENDON.
Inclosure in No. 9.
Draft of Treaty as it is to be proposed to the American Government by
Lord Napier.
HER Majesty the Queen of the United Kingdom of Great Britain and
Ireland, and the United States of America, being desirous to settle in a friendly
manner the questions which have come into discussion between them relative to
Central America, have resolved to conclude a Treaty for that purpose, and
have named as their respective Plenipotentiaries, that is to say :-
: Her Majesty the Queen of the United Kingdom of Great Britain and
And the President of the United States of America,
.: Who, after having communicated to each other their respective full powers,
found in good and due form, have agreed upon and concluded the following
Articles :-
ARTICLE I.
Her Britannic Majesty and the United States of America agree, as
common friends of the Parties concerned, to propose to the Republics of
Nicaragua and of Costa Rica the arrangements contained in the following
Articles.
ARTICLE II.
I
5. A territory comprised within the following limits shall be set apart for the
Mosquito Indians.
: The boundary line shall begin at the mouth of the River Rama in the
Caribbean Sea ; thence it shall run up the midcourse of that river to its source,
and from such source proceed in a line due west to the meridian of 84° 15' longi-
tude west from Greenwich; thence due north up the said meridian until it strikes
the River Brachma, and down the midcourse of that river to its mouth in the
sea at about latitude from 14° to 15° north, and longitude 83° west, from the
meridian of Greenwich; and thence southerly along the shore of the Caribbean
Sea to the mouth of the River Rama, the point of commencement.
: The inland boundary shall be designated and marked out by two Commis-
sioners, to be appointed, one by Her Britannic Majesty, and one by the President
of the Republic of Nicaragua.
:· If, in making the survey for this purpose, there should be discovered any
natural boundary within fifteen English miles of the above-mentioned meridian
line, on the western side of such meridian line, and extending the whole distance
from the River Brachma to the parallel of the River Rama, it shall be the duty
of the Commissioners to report the same; and such natural boundary shall be
adopted instead of the astronomical one.
If, in making the survey, it should be found that the due north line on the
meridian of 84° 15' longitude west from Greenwich does not strike the River
Brachnia, it is agreed that the boundary shall be completed by a line to be
drawn due west from the source of the said river to the said meridian; and that
if the Commissioners should discover any natural boundary within five English
miles north of the line to be in such case drawn due west from the source of the
River Brachma to the meridian of 84° 15' longitude wesť from Greenwich, it
shall be their duty to report the same; and such natural boundary shall be
adopted in preference to the que west line,
36
p" to their people or toperty and of local govhall be recognized,
ARTICLE III.
The Mosquito Indians, confining themselves within the territory designated
by the preceding Article, shall enjoy the right to make, by their national Council
or Councils, and to carry into effect, all such laws not inconsistent with the
sovereign rights of the State of Nicaragua, as they may deem necessary for the
government and protection of all persons within the same, and of all property
therein, belonging to their people or to such persons as have connected them-
selves with them. Their rights of property and of local government within the
territory defined, as described in the preceding Article, shall be recognized,
affirmed, and guaranteed by the Republic of Nicaragua in Treaties to be made
by that State with Great Britain and the United States, respectively; and the
Republic of Nicaragua, in each of those Treaties, shall stipulate and engage that
it will enact laws to prevent the purchase of lands from the Mosquito Indians,
to exclude the settlement of other persons amongst them without the license of
the State of Nicaragua and the consent of the said Indians, and also the intro-
duction and sale of spirituous liquors among the said Indians, and that the
Republic will protect them from all inroads, intrusions, or aggressions, along
their western and northern frontier.
The Mosquito Indians shall not be able to enter into any agreement or
alliance with, or to cede their territory or rights in said territory, to any State
without the consent of Nicaragua, Great Britain, and the United States, by each
separately expressed; it being, however, understood that nothing shall preclude
the conclusion of such voluntary compact and arrangements between the
Republic of Nicaragua and the Mosquito Indians, by which the latter may be
admitted to be citizens, and definitively incorporated and united with the
former.
ARTICLE IV.
1
All the territory south of the River Wanx or Segovia, not included within
the limits of the reservation set apart for the Mosquito Indians as described in
Article II, shall, without prejudice to the rights of the Republic of Honduras,
or to any question of boundary between that Republic and the Republic of
Nicaragua, be recognized and declared to be within the limits and sovereignty of
the Republic of Nicaragua, on the following conditions :
1. The Republic of Costa Rica shall retain for its citizens the freedom of
navigation up and down the River San Juan, from its mouth to the mouth of the
Serapiqui river, with liberty to enter and quit the port of San Juan or Grey-
town with their vessels, and to store their cargoes in that port, and without
being subject to any duties of import or export, tonnage duty, or other tax or
public charge whatever, except for light-money and other necessary port
charges.
2. The Republics of Nicaragua and of Costa Rica shall allow the terri-
torial disputes between them, and the limits or extension to be given to the town
of San Juan or Greytown (if the same cannot be amicably adjusted between
themselves and that town), to be settled by the arbitration of Great Britain and
the United States of America, who in any doubtful point shall be able to call
for the decision of a third party.
3. The Republic of Nicaragua shall constitute and declare the port of
Greytown or San Juan a free port, and the city a free city (though under the
sovereign authority of the Republic), whose inhabitants shall enjoy the following
rights and immunities :-
(a.) The right to govern themselves by means of their own Municipal
Government, to be administered by legislative, executive, and judicial officers of
their own election, according to their own regulations.
(6.) Trial by jury in their own courts.
(c.) Perfect freedom of religious belief, and of worship, public and private.
* (d.) The Municipal Government shall lay no duties on goods exported, nor
any duties on goods imported, intended for transit across the Isthmus or for
consumption without the city, nor any duties of tonnage on vessels, except such
as may be necessary for the police of the port and the maintenance of the
necessary lighthouses and beacons. Provided that the present condition shall
not interfere with, or prevent the levy of, a temporary duty on imports for the
purpose of the payment to the Mosquito Indians as stipulated in Article V.
O
37
I
.
(e.) Exemption from military service, except for the defence of tlie city,
and within the bounds of the same.
ARTICLE V.
The Republic of Nicaragua shall enter into positive Treaty stipulations with
each of the two Governments of Great Britain and of the United States of
America, that it will make the grant of freedom to the city of Greytown or San
Juan, subject to the condition that the Municipality of the said city shall, as
soon as organized, pass laws and ordinances levying, by tax or duty on imports,
some reasonable sum to be paid half-yearly to the Mosquito Indians by way of
annuity for a limited period, as an indemnity and compensation for their interest
in the territory recognized and declared by the first clause of Article IV to be
within the limits and sovereignty of the Republic of Nicaragua.
17
n
T
ARTICLE VI.
Her Britannic Majesty and the Republic of Nicaragua shall, within six
months after the exchange of the ratifications of the Treaty to be concluded
between them in virtue of the present arrangements, appoint each a Commis.
sion for the purpose of designating and marking out the inland boundary
separating the territory to be set apart for the Mosquito Indians, as described
in Article II of the present Treaty, from the rest of the territory of the
Republic.
They shall further appoint within the same period, each a Commissioner
for the purpose of determining the amount, the period of duration, and the time,
place, and mode of payment of the annuity to be paid to the Mosquito Indians,
according to the stipulations of Article V of the present Treaty.
Her Britannic Majesty and the Republic of Nicaragua shall be at liberty
either to name the same person to fulfil the duties of Commissioner for the two
purposes above described, or to name a separate and distinct person to be
Commissioner for each purpose, as they may see fit.
27
1
ARTICLE VII.
The Commissioners mentioned in the preceding Article shall meet at such
place or places as shall be hereafter fixed, at the earliest convenient period after
they shall have been respectively named; and shall, before proceeding to any
business, make and subscribe a solemn declaration that they will impartially and
carefully examine and decide, to the best of their judgment, and according to
justice and equity, without fear, favour, or affection to their own country, upon
all the matters referred to them for their decision; and such declaration shall be
entered on the record of their proceedings.
The Commissioners shall then, and before proceeding to any other business,
name some third person to act as Arbitrator or Umpire in any case or cases in
which they may theinselves differ in opinion. Each pair of Commissioners shall
separately name the person so to act as their Arbitrator or Umpire. The person
or persons so to be chosen shall, before proceeding to act, make and subscribe a
solemn declaration, in a form similar to that which shall already have been made
and subscribed by the Commissioners, which declaration shall also be entered
on the record of the proceedings. In the event of the death, absence, or incapa-
city of such person or persons, or of his or their omitting, or declining, or ceasing,
to act as such Arbitrator or Umpire, another person or other persons shall be
named as aforesaid to act in his or their place or stead, and shall make and
subscribe such declaration as aforesaid.
Her Britannic Majesty and the Republic of Nicaragua shall engage to
consider the decision of the two Commissioners conjointly, or of the Arbitrator
or Umpire, as the case may be, as final and conclusive on the matters to
be respectively referred to their decision, and forthi with to give full effect to
the same.
ARTICLE VIII,
The Commissioners and the Arbitrators or Umpires shall k op accurate
records and correct minutes or notes of all their proceedings, with the dates
thereof, and shall appoint and employ such clerks or clerks, or other persons as
1
Y
.
38
they may find necessary to assist them in the transaction of the business which
may come before them.
The salaries of the Commissioners shall be paid by their respective
Governments. The contingent expenses of the Commissioners, including the
salaries of the Arbitrators or Umpires, and of the clerk or clerks, shall be
defrayed in equal moieties by the two Governments.
ARTICLE IX.
The present Treaty shall be ratified by Her Britannic Majesty, and by the
President of the United States of America by and with the advice and consent
of the Senate thereof; and the ratifications shall be exchanged at London as
soon as possible within the space of six months.
and have affixed thereto their respective seals.
Done at
, the
day of
Lord, one thousand eight hundred and fifty, .
, in the year of our
SEPARATE ARTICLES.
ARTICLE I.
WY
Whereas the arrangements set forth in the Treaty of this date are provided
as an adequate substitute for the protection heretofore extended by Great
Britain to the Mosquito Indians; and whereas one or the other, or both, of the
Contracting Parties may find in the condition of their political relations with the
Republic of Nicaragua, obstacles to prevent an immediate execution of the said
arrangements ; now therefore it is agreed and understood as follows:
1. That any delay in carrying out the said arrangements, arising from the
circumstances or relations of the Republic of Nicaragua, shall in no respect
impair the validity or force of the Treaty as between the Contracting Parties;
but the same shall remain obligatory upon, and to be executed by, them as early
as may be practicable.
2. That whichever of the two Contracting Parties may soonest find itself
in such political relations with the Republic of Nicaraua as enable it so to do,
shall first propose singly to that Republic the arrangements contained in this
Treaty, and shall obtain by means of a separate Treaty its assent to those
arrangements; the other Contracting Party engaging, and reserving to itself the
right, also to conclude with the said Republic, at the earliest fitting moment, a
Treaty containing the said arrangements.
ARTICLE II.
And whereas the relations of amity between the Contracting Parties,
and the neutrality of any and every comniunication by canal or railway across
the Isthmus which connects North and South America, and to which communi-
cation by canal or railway their protection has been or shall be extended, may
be further assured by some definite arrangement on two other questions which
have come into discussion; now it is mutually agreed and understood :-
1. That Her Britannic Majesty's Settlement called the Belize or British
Honduras, on the shores of the Bay of Honduras, bounded on the north by the
and is not embraced in the Treaty entered into between the Contracting Parties
on the 19th day of April, 1850; and that the limits of the said Belize, on the
west, as they existed on the said 19th of April, 1850, shall, if possible, be settled
and fixed by Treaty between Her Britannic Majesty and the Republic of
Guatemala, within two years from the exchange of the ratifications of this
instrument, which said boundaries and limits shall not at any time hereafter be
extended.
2. The two Contracting Parties do hereby mutually engage to recognize
and respect the Islands of Ruatan, Bonaca, Utila, Barbaretta, Helena, and
Morat, situate in the Bay of Honduras, and off the coast of the Republic of
TY
39
Honduras, as under the sovereignty and as part of the said Republic of Honduras,
whenever and so soon as the Republic of Honduras shall have concluded and
ratified a Treaty with Great Britain by which Great Britain shali have ceded,
and the Republic of Honduras shall have accepted, the said islands, subject to
the provisions and conditions contained in such Treaty.
ARTICLE III.
The present Separate Articles shall have the same force and validity as if
they had been inserted, word for word, in the Treaty between Her Britannic
Majesty and the United States of America, signed this day. They shall be
ratified by Her Britannic Majesty and by the President of the United States by
and with the advice and consent of the Senate thereof; and the ratifications
shall be exchanged at the same time as those of the Treaty.
: In witness whereof the respective Plenipotentiaries have signed the present
Separate Articles, and have affixed thereto the seal of their arms.
Done at
, the
day of . , in the year of our
Lord one thousand eight hundred and fifty- .
No. 10.
Mr. Wyke to the Earl of Clarendon.-(Received April 17.)
(Extract.)
Guatemala, February 28, 1857.
IN a letter dated the 5th instant, just received from our Consul in Honduras,
he thus expresses himself ;-
“The Treaty with England has been ratified by the Chambers, but the
Conventions have not been brought up yet, and no doubt exists that they will
be rejected.”
.
No. 11.
The Earl of Clarendon to Lord Napier.
My Lord,
Foreign Office, April 24, 1857.
I TRANSMIT to your Lordship a full power which the Queen has been
pleased to grant to you under the Great Seal, constituting you Her Majesty's
Plenipotentiary, as well for the negotiation on the Central American question
with which you were charged by my despatch of the 17th instant, as for any
other negotiations with the Government of the United States which you may
be instructed to undertake during your mission.
I am, &c.
(Signed) CLARENDON.
· No. 12.,
Lord Napier to the Earl of Clarendon.--(Received May 18.)
(Extract.)
Washington, May 3, 1857.
AFTER receiving your Lordship's despatches vesterday, announcing the
rejection of the Central American Treaty, as modified by the United States'
Senate, I met General Cass, and entered into conversation with him on the
subject. .
He professed his regret at this unfortunate issue to such long negotiations,
and stated the concern with which the President had received the intelligence.
He knew that Her Majesty's Government desired the signature here of a new
Treaty, embodying the alterations of the Senate in all respects, except in relation
to the Bay Islands, but he seemed to regard this proposal as unacceptable. He
did not give any deliberate or official opinion, but he spoke of it as a concession
hardly to be granted, and predicted that a Treaty which had passed the late
G
2
40
Senate by a majority of one vote in an amended form, would stand a poor
chance of acceptance in another session, with an Article such as that which has
been proposed by your Lordship. He could not imagine why the ratification of
the Treaty had been denied by the Government of Honduras; but that Treaty
contained an Article highly unpalateable to America, in reference to slavery. A
Treaty with such a provision would never be recognized by a United States'
Senate; they could not be parties to it in any degree, however indirect and
remote. Would it be agreeable to England that the United States should make
a Treaty with some foreign Power, excluding the principle of hereditary nobility,
and then turn to the British Government and ask them to recognize it, or
guarantee its execution ?
No. 13.
Mr. Wylce to the Earl of Clarendon.---(Received May 18.)
(Extract.)
Guatemala, March 27, 1857.
THE Conventions for the cession of the Bay Islands, and for settling the
limits of the territory to be occupied by the Mosquito Indians, were referred to
the Legislative Assembly of Honduras, in order to be examined by that Body,
with a view either to their ratification or rejection.
It was finally decided that the Conventions, in their present form, could
not be ratified, but should be sent back to Señor Herran, to be presented by
him to your Lordship, with the following modifications :
1. That Ruatan alone shall be declared a free territory, under the sove-
reignty of Honduras, the other Bay Islands being unconditionally given up to
that Republic; and that, in return for the neutrality and freedom of Ruatan,
Her Majesty's Government should guarantee the possession of that Island to
Honduras.
. 2. That a Special Minister Plenipotentiary shall be appointed, with full-
powers to treat directly with your Lordship as to the lands to be reserved to the
Mosquito Indians, the indemnity to be paid to their King, and the rights and
claims of British subjects in that part of the country.
11
!
No. 14.
Lord Napier to the Earl of Clarendon.-(Received May 25.)
(Extract.)
Washington, May 6, 1857.
ON receiving your Lordship's despatch of the 17th ultimo on the 2nd instant,
informing me that Her Majesty's Government had not found it expedient to ratify
the Central American Treaty in its altered shape, and instructing me to propose
the conclusion of a new Treaty embodying all the resolutions of the United States'
Senate with a single addition, framed as a safeguard for British interests in the
Bay Islands, I determined not to carry your Lordship's orders into execution
without previously soliciting an interview with the President. His Excel-
lency did me the honour to appoint an early day for this purpose, but an attack
of illness prevented me from availing myself of his goodness, and it was not until
this afternoon that I was enabled to pay my respects to his Excellency.
I found the President fully informed of the grounds on which Her Majesty's
Government had based their resolution, and of their desire to enter into new
engagements, but I think he entertained an impression that the reason alleged
by Her Majesty's Government did not really express the whole or the most
cogent motive of their objections, and he was not apprised of the terms of the
simple qualification which Her Majesty's Government propose to add to the
Treaty, as modified by the Senate.
I placed your Lordship’s instructions in the hands of the President. He
assured me that he was now quite convinced that the non-ratification of the
Honduras Treaty formed the true and only motive for the rejection of that
1
41
negotiated by your Lordship with Mr. Dallas; that he could hardly understand
the importance attached to this point by Her Majesty's Government; that he
deeply regretted their determination, and that it was the last ground on which
he had anticipated any reluctance.
The President thought Fler Majesty's Government had acted unwisely in
neglecting this opportunity to close the Central American discussions, and place
the relations of the two countries on a satisfactory basis at a moment when the
public feeling was so friendly on either side of the Atlantic.
After reading the Article proposed by Her Majesty's Government, he told
me, not without some appearance of regret, that, unless he changed his opinion,
of which he saw little prospect, he could not assent to a stipulation which would
involve the recognition by his Government of a Treaty between Great Britain
and Honduras relative to the Bay Islands, and, if he did accept such a stipula-
tion, it would infallibly be rejected by the Senate.
I argued that whatever there was repugnant to the feelings of the Senate
in reference to slavery, or whatever there was unacceptable in regard to trade
or Government in the Treaty of August 27, 1856, might be subjected to some
change, and I offered to bring his views on this subject under your Lordship’s
notice, but his Excellency held out no hope; his objection pointed to the recog-
nition of any Treaty at all to the bare allusion to it. Great Britain and Honduras
might frame any settlement they pleased for the future government of the
Islands; it was their business, not that of the United States. The United States
could not take cognizance of those arrangements in any degree, however remote
and indirect.
Finding the President quite firm in this position, I shifted the discussion to the
relations of the two countries in case of the official rejection of your Lordship's
present proposal; remarking that we should fall back on the Clayton-Bulwer
Treaty, a basis which, if not fixed by arbitration or in some other way, would
break up under our feet.
The President denounced the Clayton-Bulwer Treaty as one which had been
fraught with misunderstanding and mischief from the beginning; it was
concluded under the most opposite constructions by the Contracting Parties. If
the Senate had imagined that it could obtain the interpretation placed upon it by
Great Britain, it would not have passed. If he had been in the Senate at the
time, that Treaty never would have been sanctioned. With reference to arbi-
tration (which I had only thrown in as a suggestion of my own), he observed
that he could not give any opinion at present. The President also inveighed
against the excess of Treaties, affirming that they were more frequently the
cause of quarrel than of harmony, and that, if it were not for the interoceanic
communications, he did not see there was any necessity for a Treaty respecting
Central America at all.
No. 15.
Lord Napier to the Earl of Clarendon.—(Received May 25.)
My Lord,
Washington, May 12, 1857.
AFTER my interview with the President on the 6th instant, reported to
your Lordship in my despatch of the 6th instant, I waited on General Cass, and
recapitulated briefly to him what had passed between his Excellency and myself
in reference to Central American affairs. I explained fully to the General the
motives which had induced Her Majesty's Government to withhold their
sanction from the Treaty of the 17th of October in its modified form, and
advised him that he would, on the following day, receive a Draft of the Conven-
tion transmitted to me by your Lordship,
I have now the honour to inclose the official note in which I have recom-
mended the adoption of your Lordship’s project.
The Secretary of State has since applied to me for a copy of the unratified
Treaty between Great Britain and Honduras relative to the Bay Islands, which,
it seems, has never been communicated to the United States' Government. I
have placed it in his hands, with the accompanying explanation.
42
I do not expect to receive the definitive reply of the American Cabinet in
time for the present mail.
I have, &c.
(Signed) NAPIER.
re
Inclosure 1 in No. 15.
Lord Napier to General Cass.
Washington, May 6, 1857.
THE Undersigned, &c., in acquainting the Secretary of State of the United
States that Her Majesty's Government have reluctantly declined to advise Her
Majesty to ratify the Treaty of October 17, 1856, relative to the affairs of
Central America, in the form in which it was lately returned to London, has the
honour to submit to the Secretary of State the following statement of the motives
which have guided Her Majesty's Government in this resolution.
The modifications introduced into the Treaty were two-fold. They applied
to proposals which were to be made by Great Britain and the United States,
jointly, to Nicaragua, and to engagements to be taken by the two Governments
towards each other.'
As regards the former class, although Her Majesty's Government would
most gladly have acted in close co-operation with the Government of the United
States for all the purposes specified ; yet, as the Government of the United
States were not prepared to agree with them to the full extent of what was
contemplated, they would not on that ground have hesitated to go with the
United States as far as the latter would go with them, since they would not
thereby have precluded themselves from singly pressing on the Government of
Nicaragua the recognition of the claims which British subjects may have in
virtue of grants of land formerly made to them in the Mosquito territory, and for
the settlement of which, and of similar claims on the part of citizens of the
United States, if there are any such, the third clause of Article IV was intended
to provide.
Her Majesty's Government had no objection to the introduction in Article 1
of the words, “as common friends of the Parties concerned,” neither did they
object to make to the Republic of Nicaragua the proposition respecting the
Mosquito Indians in the terms which have been preferred by the Senate of the
United States,
the Senate of the United States ; but they regret that an incident which they
had not anticipated, and over which they have no control, has obliged them to
withhold their acceptance of the modification in the Second Separate Article,
which Article provides, not for a proposal to be made by the Contracting Parties
to another Power, but for an engagement to be taken between themselves.
Her Majesty's Government think it probable that the Senate of the United
States, in modifying the second clause of that Article, considered that the Treaty
signed on the 27th of August last by the Earl of Clarendon with the Plenipo-
tentiary of the Republic of Honduras, was already ratified and in force, and if
such had been the case Her Majesty's Government would have had little
difficulty in agreeing to the modification proposed by the Senate, which then
would have had, in effect, the same signification as the original wording.'
But as the ratifications of the Treaty with Honduras are not yet exchanged,
owing to the hesitation of that Government, Her Majesty's Government could
not, at the present time, agree to a wording which would unconditionally
recognize the sovereignty of the Republic of Honduras over the Bay Islands,
and thus leave the British settlers in those Islands without the protection and
securities provided for them in the Treaty with Honduras. Nevertheless,
although Her Majesty's Government have been unable, for the reason assigned,
to accept the modification of the Senate as a substitute for the original clause in
the Second Separate Article, they are willing to adopt it as far as it goes, adding
to it, however, the following passage: “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 ceded, and the Republic of Honduras shall have
43.
accepted, the said Islands, subject to the provisions and conditions contained in
such Treaty."
Possessing in common with the President and Senate of the United States
an anxious desire to lose no time in removing what has been in former years a.
cause of difference between the two countries, Her Majesty's Government have
determined to send out to the Undersigned a full power to sign with any
Plenipotentiary nained on the part of the United States a Treaty framed as now
described, which, on being ratified by the President, would immediately bé ratified
by Her Majesty.
A Draft of the proposed Treaty is hereby inclosed. The Secretary of State
will find that it embodies in every particular the alterations inserted by the
Senate of the United States, which have been adopted by Her Majesty's Govern-
ment to manifest the respect which they entertain for that august Body, and for
the President, by whose sanction those alterations were confirmed, and to mark
the desire which they entertain to cement the amicable relations of the two
countries by every practicable concession to the wishes of America. In the
condition which Her Majesty's Government have felt it their duty to append to
the Second Separate Article as suggested by the United States' Senate, the
Undersigned, hopes that the Secretary of State will recognize a natural and
legitimate desire on the part of Her Majesty's Government to provide for the
vested interests of British subjects and the general welfare of trade, which it
would be highly unwise to abandon to the discretion of the Government of
Honduras, without some previous limitations and safeguards. The Undersigned
is, therefore, justified in reiterating his hope that the Government of the United
States will consent to name a Plenipotentiary with whom the Undersigned may
have the honour of concluding a Treaty in the terms proposed, and he avails
himself, &c.
(Signed) NAPIER.
Inclosure 2 in No. 15.
General Cass to Lord Napier.
My Lord,
Department of State, Washington, May 9, 1857. :
I HAVE to acknowledge the receipt of your Lordship's note of the 6th
instant, accompanied by a draft of a new Treaty relative to Central American
affairs, which your Lordship proposes as a substitute for that which had been
ratified by the President, but which Her Majesty's Advisers have counselled her
not to ratify on the part of Great Britain.
In reply, I have the honour to acquaint your Lordship that your Lordship’s
note has been laid before the President. It is perceived, however, that your
Lordship's draft refers to a Treaty between Great Britain and Honduras, upon
the subject of the Bay Islands. This Department has no copy of that instru-
ment, nor has it been officially or otherwise communicated to this Government.
I will thank your Lordship, therefore, for a copy, if it should be in your power
to furnish me with one.
I have, &c.
(Signed) LEWIS CASS.
Inclosure 3 in No. 15.
Lord Napier to General Cass.
Sir,
Washington, May 10, 1857.
. I HAVE the honour to acknowledge the receipt of your note of the 9th
instant, requesting me to furnish you with a copy of the Treaty between Great
Britain and Honduras, referred to in the Treaty signed by the Earl of Clarendon
with Mr. Dallas relative' to Central American affairs, but hitherto not communi-
cated to the United States' Government.
This Treaty, of which I have the honour to inclose a copy, is, as you are
aware, unratified, owing to some objections on the part of the Government of
cus, reierred to in the Treaty sioned her than
44.
Honduras. I am not enabled to state that these objections are insuperable, but
I believe that Her Majesty's Government do not expect that the Treaty in its
present shape will be definitively sanctioned by that Republic. .
It is probable, therefore, that another Treaty will be negotiated more con-
formable to the wishes of all parties, but of which the security of the vested
interests of British subjects in the Bay Islands, and the welfare of general trade,
will be the leading features.
It is to such an eventual Treaty that reference is made in the proposal
submitted to the United States' Government in my note of the 6th instant.
atual Treaty ment in my note " I have, &PAPIER.
(Signed)
NAPIER.
No. 16.
The Earl of Clarendon to Lord Napier
My Lord,
Foreign Office, May 28, 1857.
I HAVE to acquaint you that I approve of the language which you held
to the President of the United States, and to General Cass, as reported in your
despatches of the 6th and 12th instant, relative to the inability of Her Majesty's
Government to accept the modifications made by the United States' Senate in
the Treaty signed by Mr. Dallas and myself on the 17th of October, 1856.
I am, &c.
(Signed) CLARENDON.
No. 17.
Lord Napier to the Earl of Clarendon.-(Received June 22.)
(Extract.)
Washington, June 7, 1857.
ALTHOUGH the note which I have the honour to inclose is dated on the
29th ultimo, it was not delivered to me until 3 o'clock on the 1st instant, when
I was engaged in preparing my despatches for the messenger who left Washington
on that afternoon. I was consequently unable to communicate to your
Lordship, officially, the resolution of the American Cabinet by the last mail.
Your Lordship has been prepared, by my previous reports, for the rejection
of the proposal which, in conformity with your instruction of the 17th of
April, 1 submitted to the United States' Government for the settlement of the
disputed questions regarding Central America. The reasons alleged for this
determination may not deserve all the weight which they possess in the eyes of
the President and Secretary of State, but I shall not think it necessary to
occupy your Lordship with anything in the way of commentary, except by
recording my opinion that your Lordship’s overture, however fair and concilia-
tory, would have failed to obtain the consent of the United States' Senate,
unless, before the meeting of that body, the cession of the Bay Islands to
Honduras had been completed and ratified.
Inclosure in No. 17.
General Cass to Lord Napier.
My Lore!
Department of State, Washington, May 29, 1857.
"I HAVE received your note of the 6th instant, communicating the resolu-
tion of the British Government to advise the Queen not to ratify the Treaty of
the 17th October, 1856, respecting the affairs of Central America, and which
had been inodified by the Senate of the United States, and in its modified form
submitted for the consideration and action of your Government. I have laid
before the President this note, together with the accompanying project of a new
Treaty, and I have received his instructions to make known to you his views
upon the subject,
45
The Clayton-Bulwer Treaty, concluded in the hope that it would put an
end to the differences which had arisen between the United States and Great
Britain, concerning Central American affairs, had been rendered inoperative in
some of its most essential provisions by the different constructions which had
been reciprocally given to it by the parties. And little is hazarded in saying
that, had the interpretation since put upon the Treaty by the British Govern-
ment, and yet maintained, been anticipated, it would not have been negotiated
under the instructions of any Executive of the United States, nor ratified by the
branch of the Government entrusted with the power of ratification.
A protracted discussion, in which the subject was exhausted, failed to
reconcile the conflicting views of the parties; and, as a last resort, a negotiation
was opened for the purpose of forming a Supplementary Treaty which should
remove, if practicable, the difficulties in the way of their mutual good under-
standing, and leave unnecessary any further discussion of the controverted
provisions of the Clayton-Bulwer Treaty. It was to effect this object that the
Government of the United States agreed to open the negotiation which termi-
nated in the Treaty of the 17th October, 1856, and though the provisions of
that instrument, even with the amendments proposed by the Senate, were not
wholly unobjectionable either to that body or to the President, still, so important
did they consider a satisfactory arrangement of this complicated subject, that
they yielded their objections, and sanctioned, by their act of ratification, the
Convention as amended. It was then transmitted to London for the considera-
tion of Her Britannic Majesty's Government, and, having failed to meet its
approbation, has been returned unratified. The parties are thus thrown back
upon the Bulwer-Clayton Treaty, with its disputed phraseology and its condict-
ing interpretations; and, after the lapse of seven years, not one of the objects
connected with the political condition of Central America, which the United
States had hoped to obtain by the arrangement, has been accomplished.
Under these circumstances, your Lordship informs me that the British
Government, appreciating the differences which this subject has caused " between
the two countries," have determined to propose to the United States the conclu-
sion of a new Treaty, and, in conformity with your instructions, this proposition
is accompanied with the projet of a Convention which, if ratified by the President
and Senate of the United States, it is engaged will be ratified by Her Britannic
Majesty.
The Draft presented is identical in its language with the Treaty of
October, as ratified by the Senate, except that to that clause of the Second
Separate Article which provides for the recognition of the Bay Islands “as
under the sovereignty, and as part of the Republic of Honduras,” there is added
the provision “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 ceded, and the Republic of Honduras shall have accepted, the said Islands,
subject to the provisions and conditions contained in the said Treaty."
This provision is a substitute for the provision relating to the same subject
contained in the rejected Treaty, and which referred to a subsisting Convention
with Honduras for the cession to that Republic of the Bay Islands. Taken in
connection with this Convention, of which your Lordship was good enough, on
the 10th instant, to communicate a copy to this Department upon my applica-
tion, that provision whilst declaring the Bay Islands to be “a free territory under
the sovereignty of the Republic of Honduras,” deprived that country of rights
without which its sovereignty over them could scarcely be said to exist. It
separated them from the remainder of Honduras, and gave them a Government
of their own, with their own legislative, executive, and judicial officers, elected
by themselves. It deprived the Government of Honduras of the taxing power
in every form, and exempted the people of the Bay Islands from the performance
of military duty, except for their own defence, and it prohibited the Republic
from providing for the protection of these Islands by the construction of any
fortifications whatsoever, leaving thein open to invasion from any quarter. Had
Honduras ratified this Treaty, she would have ratified the establishment of an
“independent” State within her own limits, and a State at all times liable to
foreign intluence and control. I am not, therefore, surprised to learn from your
Lordship that " Her Majesty's Government do not expect this Treaty, in its
present shape, will be definitively sanctioned by that Republic.”
But, while this expectation may be justified by the event, it is certain that
CA
Н
46
the new provision, like the former one, contemplates the cession of the Bay
Islands to Honduras, only upon certain "conditions," and that these conditions ;
are to be sanctioned by this Government. The proposition, therefore, though
changed in form is the same in substance with that which was recently rejected
by the Senate of the United States, and a just respect for the Senate would
prevent the President from now consenting to its insertion in a new Treaty.
The action of that body, moreover, met his cordial approbation, because it is his
firin conviction that the Bay Islands are a part of the territory of Honduras, and
justly subject to its Government and to no other authority. Entertaining this
opinion, it would be impossible for him to sanction any arrangement by which
their restoration may be made dependent upon conditions either already prescribed,
or left to be prescribed hereafter. The case of these Islands, as your Lordship is
aware, stands out in bold relief from all the other subjects ernbraced in the
Clayton-Bulwer Treaty. That instrument provided that neither of the parties
should "colonize any portion of Central America ;” and yet more than a year
after its ratification, the Colony of the Bay Islands was established by an Act of
the British Government. The United States have always considered that
proceeding a violation of the Treaty, even with the British construction of it;
and the claim for its justification that the Bay Islands are dependencies of the
Belize Settlement, cannot, it is believed, be entertained with success, upon either
American or British authority. It is directly at variance with the description
given by Sir Charles Grey, the Secretary of State for the Colonies, in 1836, of
the boundaries of the Belize Settlement; and, from the discussions between the
two Governments which took place in London in 1854, it cannot be doubted
that it was opposed also to the deliberate. opinion of Lord Aberdeen, then at the
head of the British Cabinet.
Independently, however, of these considerations, there is another view of
the subject which interposes insuperable obstacles to the desired action of the',
United States upon this Treaty. The character or the extent of the concessions
which England may demand of Honduras is nowhere defined in that instrument.
Any grant, however inconsistent with the independence or the rights of that
Republic, if not inconsistent with the express provisions of the Treaty, inay be
demanded by Great Britain, and, if rejected, what then will be the condition of
the parties ? Great Britain would retain the possession of these Islands, with
the implied concurrence of the United States, and this valuable group, over-
looking one of the great avenues of communication of the world, and in the
freedom and security of which the United States have a far deeper interest than
any other nation, might thus eventually become a permanent portion of the
British Empire. That the United States should decline to make themselves a -
party, to such an arrangement can surely occasion neither surprise nor disappoint-
ment to the people or Statesmen of Great Britain.
I am, therefore, directed by the President to announce to your Lordship
that he cannot accept the projet of a Treaty which, agreeably to your instruc-
tions, you have presented for his consideration. But, while feeling it his duty
so to decide, he fully reciprocates the desire of your Government to cement the
amicable relations of the two countries, and, during his administration, no effort
shall be wanting on his part to prevent any interruption of that friendly inter-
course which both Great Britain and the United States have so many powerful
motives to promote. .
I have, &c.
(Signed). I
'
n
have. LEWIS CASS.
No. 18. i. .
Lord Napier to the Earl of Clarendon.—(Receised July 7.).
(Extract.)
Washington, June 18, 1857.
IN the course of my conversation with the President, yesterday, I said to
hirn that I thought there should be an early understanding between the two
Governments in relation to the recognition of a company charged with the :
administration of the transit route..
I mentioned to the President that I had heard that the Governments of .
Costa Rica and Nicaragua had it in contemplation to run the river steamers, and
47
administer the land route, on their own account, leaving the ocean traffic only
to the foreign company. The President doubted the ability of the two Govern-
ments to do so, and appeared to disapprove the project. I remarked that
Mr. Webster, an English subject, who has a concession from Costa Rica, and
Garrison and Morgan, who have one from Nicaragua, had called on me together,
and stated that they had united their interests, and desired to invoke the
protection and guarantee of Great Britain and the United States." The President
was aware that such was the case, but he had not hitherto given them any:
decided encouragement. I replied, that I told Messrs. Webster, Garrison and
Morgan, that I could not promise them the anticipated support and recognition :
of the English Government, but that I felt sure your Lordship would desire to
see the route in the hands of a company formed on the broad basis of the union :
of the capital of the two countries, and that if they could form such an associa-
tion, and recommend themselves to your Lordship's approval by the countenance !
of respectable parties in London, and if they should obtain from Nicaragua and -
Costa Rica a new contract embodying good stipulations for the safety and
neutrality of the route, then they might probably reckon on your Lordship’s ::
protection.
No. 19.
Lord Napier to the Earl of Clarendon.-(Received July 7.)
(Extract.)
Washington, June 22, 1857.
IT is probable that if the pending discussions regarding Central America be
not closed during the present summer an attempt will be made in the next .
session of Congress to set aside the Clayton-Bulwer Treaty. My impression to
this effect is constantly deepened by reflection and by the information which
reaches me from several quarters.
There can be no doubt of the views of the President and Cabinet in this
matter.
Y
No. 20.
The Earl of Clarendon to Lord Napier.
(Extract.)
Foreign Office, July 9, 1857.
I HAVE received your Lordship's despatch of the 18th ultimo.
With regard to the interoceanic route, Her Majesty's Government are
anxious to see the communication in the hands of a Company formed on the
broad basis of the union of capital furnished by the two countries. If such an
association should be formed, and countenanced by persons of respectability in
London, and if it should be able to obtain from Nicaragua and Costa Rica a
new contract, embodying proper stipulations for the safety and neutrality of the
route, such a Company might rely upon the protection and encouragement of
Her Majesty's Government.
Her Majesty's Government are most desirous to see the freedom and safety
of all interoceanic communication secured; but beyond that their policy will be
to interfere as little as possible in the internal affairs of Central America.
No. 21.
!
Lord Napier to the Earl of Clarendon.---(Received August 24.)
(Extract.)
.... Washington, August 2, 1857.
I HAVE thought it right to read to General Cass your Lordship's despatch
of the 9th ultimo. I pointed out to the Secretary of State that passage in which
your Lordship says that Her Majesty's Government would view with satisfaction
the formation of a new Company, which should “obtain from Nicaragua and
Costa Rica” a new contract embodying proper stipulations for the administration
of the interoceanic route.
SU
H
2
48
No. 22.
The Earl of Clarendon to Sir W. G. Ouseley.
(Extract.)
Foreign Office, October 30, 1857.
A CONSIDERATION of the serious inconveniences and risks which are
the necessary consequence of the continued unsettled state of the various ques-
tions connected with Central America, and of the painful discussions in which,
for many years past, Her Majesty's Government have been engaged with that of
the United States in regard to those matters, has determined Her Majesty's
Government to make one more attempt to effect an adjustment of them in a
manner satisfactory to all parties.
. The hopes that Her Majesty's Government entertained that their object
might be effected through the Conventions which, in the course of last autumn,
I signed with the Plenipotentiary of the United States and with the Plenipo.
tentiary of the Republic of Honduras, have been disappointed. The Senate of
the United States declined to sanction the Convention as signed by the American
Plenipotentiary, and the Government of the United States refused to entertain a
proposal made on behalf of Her Majesty's Government for the negotiation of a
new Convention, in which Her Majesty's Government were prepared to concede,
with a slight modification, all the alterations made by the Senate.
On the other hand, the Republic of Honduras has declined to ratify the
Conventions by which the questions relating to the Bay Islands and the
Mosquito territory would, as far as that Republic is concerned, have been
satisfactorily settled.
These matters, therefore, are replaced in tlie position in which they
previously stood; but in the interval great changes have taken place in the
political state of Central America, accompanied, as Her Majesty's Government
have reason to believe, with a great alteration of feeling in the several States in
regard to their relations with each other.
The attempt made by a band of adventurers to possess themselves of the
territory of the State of Nicaragua has, for the present, been defeated ; but the
struggle for independence in which that State has been engaged, has not been
without its moral influence, not only within the State itself, but also throughout
the other States of Central America. Those States have all derived from what
has passed, the salutary lesson that if they are to remain independent they must
adont without delay a settled form of government, that they must draw more
closely towards each other, and merge, with a view to their common preserva-
tion, all minor questions of jealousy and difference; above all, they have learned
that the dangers to which they may be exposed from without do not arise
from the ambitious designs of England.
The State of Nicaragua has arrived at this conclusion at the expense of
more costly sacrifices than have been imposed upon the other States ; but all
have taken the alarm, and are now, Her Majesty's Government have reason to
believe, prepared not only cordially to co-operate with each other for purposes
of common protection, but also to cultivate the goodwill of England as a help
against external aggression.
Her Majesty's Government having never entertained other than the kindliest
feelings towards the States of Central America, and having never sought to
acquire for British interests any portion of the territory of those States, or in
any way to interfere with their internal administration or prosperity, have deter-
mined to take advantage of this altered state of feeling in Central America, and
to endeavour not only to promote union among those States for all external
purposes, but also to settle with such of those States with whom they have
discussions pending the several matters which require to be adjusted.
Hitherto, with the exception of the attempt made last year to negotiate
directly with the Republic of Honduras, Her Majesty's Government have sought
to arrive at a settlement of such questions in conjunction with the Government
of the United States. But the little disposition which has been shown by that
Government to co-operate in bringing about a settlement compatible with the
honour of this country has induced Her Majesty's Government to suppose that
they ar more likely to arrive at a satisfactory solution of the questions in which
Great Hritain is more immediately concerned by direct negotiation with the
Central American States.
Her Majesty's Government, indeed, if rightly informed, may trace the hesi-
tation of the Honduras Government to ratify the Convention respecting the Bay
Islands to the suspicion which that Government entertained that the relation in
which it was designed by that Convention that those islands should thereafter
stand towards the Republic of Honduras, was calculated to afford an opportunity 1.
to adventurers from the United States to establish themselves in those islands,
and thus perpetually to menace the existence of the States of Central America.
These various considerations have deterinined Her Majesty's Government
to dispatch without delay to Central America a special Commissioner, authorized :
on behalf of Her Majesty not only to enter into arrangements in regard to those
questions which remain to be adjusted between this country and the States of
Central America, but also to employ all the legitimate influence of the British
Government in promoting reconciliation and goodwill among those States; and
Her Majesty having been pleased to approve of my recommendation that this
important mission should be confided to you, it is my duty now to convey to
you such instructions as may serve for the guidance of your conduct.
The questions between Her Majesty's Government and certain of the States
of Central America with which you will be more particularly called upon to deal,
are those relating to the Bay Islands, the Mosquito territory, and the boundaries
of British Honduras. The first of these questions will have to be treated with
the Republic of Honduras; the second, with the same Republic, and also with
the Republic of Nicaragua, jointly or separately; the third, with the Republic
of Guatemala.
Her Majesty's Government have certainly no desire to stand out for any
settlement of the question of the Bay Islands which might reasonably be expected
to give occasion for enterprises such as that of which Nicaragua has lately been
the theatre; but they have duties to perform to the people who have settled in
those islands under the assurance of protection from the British Crown, and
who, although they may be released from their allegiance to the Queen, are
entitled to expect that their interests should be duly cared for in their new
character as citizens of the Republic of Honduras.
So also as regards the Mosquito Indians, who have long been under the
protection of the British Crown, though not bound to Great Britain by the ties
of allegiance like the inhabitants of the Bay Islands, Her Majesty's Government,
in renouncing hereafter to extend any such special protection to those Indians,
feel bound to provide that, whether as a distinct community, or as citizens of the
Republic of Nicaragua, they shall enjoy, as freemen, equal rights and securities
for their properties, and shall be exempt frymi special disabilities on account of
the race to which they belong.
And, lastly, as regards the British Settlement of Honduras, Her Majesty's
Government feel entitled to require from the Republic of Guatemala a recogni.
tion of the limits which practically have, for a long time, marked the respective
possessions of the two States. Her Majesty's Government have no desire to
extend those limits, but neither will they allow them to be called in question.
But Her Majesty's Government wish, before the conterminous districts become
more peopled than they are at present, and therefore before conflicting claims.
and interests can spring up, equally difficult for both countries satisfactorily to
deal with in a more advanced state of civilization on the border, to define, by a
clear and unmistakeable line of demarcation, the boundaries between the British
possessions and the State of Guatemala.
I cannot better convey to you the views of Her Majesty's Government on
those several points than by furnishing you with copies of the unratified
Conventions with the Republic of Honduras and with the United States of
North America, and of a sketch of an agreement with Guatemala, which was
lately placed in the hands of M. Martin by Mr. Stevenson, late Superintendent
of British Honduras, and which, on subsequent consideration, has been reduced
to the simpler form inclosed in this despatch.
Her Majesty's Government are perfectly prepared to negotiate with the
three Republics, on the bases laid down in these pimpers, on the matters in
which those Republics are severally interested. Tbese bases comprise all
that Her Majesty's Government require for a faithful observance of their
obligations towards the Bay Islands and to the Mosquito Indians, and for
the interests of the British Settlements of Ilonduras as far as Guatemala is
1
posses cannot points
Republich of an by Mr.
concerned. But you will ever bear in mind that Her Majesty's Government are
not prepared to contract any present or prospective guarantee as regards the ,
States of Central America in return for the acceptance by those States of the
proposals which you are instructed to lay before them. If, however, the
Governments of those States will consider the matter calmly and dispassionately,
they will discover, in the very adjustment of those questions with Great Britain,
a moral support for their future security which they would do well not to reject.
As long as these several questions with Great Britain remain unadjusted
opportunity is afforded to designing men to play upon their passions, to rouse
their suspicions, and to keep up a state of anxiety and alarm, which distracts the
attention of the Govertiments of Central America from the more important
objects of promoting union among themselves and of developing the vast
resources of the several countries. It is in such union, and in such internal
improvement, that the Governments of Central America will find their surest: ,
defence against external aggression, in whatever form it is attempted; while the
most solemn guarantees on the part of foreign Powers would, from the nature of
things, be unavailing to protect Central America from a repetition of the late -
events in Nicaragua, which can only be averted by the energetic exertions of
nations and States at peace among themselves.
: To the promotion of such a desirable state of mutual feeling between the
several States of Central America you will direct your best efforts; and Her
Majesty's Government hope that past experience will incline the. different
Governments to pay attention to your counsels. There are questions of
boundary, and of river and lake navigation, to be settled between some of the
States, and probably there are other questions which have no slight influence in
estranging them from each other. The good offices of Her Majesty's Com-
missioner may, probably, be eagerly accepted by all parties, and his suggestions
may be more favourably received, from the conviction that any concessions to
which the respective parties may agree will appear to have been made out of
deference to the exhortations of a friendly Power and not as an act of submission
to a neighbouring State.
But there is one point which, not only for their own interests and with a
view to the development of their own resources, but also in order to produce a
favourable impression on foreign Powers, the Government of Central America
cannot too carefully provide for, I mean the freedom of communication between
the two Oceans. Any hesitation on the part of the Central American States
on this subject would excite against them the animosity of all maritime and
commercial nations, and would provoke the catastrophe which they might have
sought to avert by throwing obstacles in the way of foreign traffic; while, on the
other hand, the greater the facilities afforded to that traffic, the greater will be the
interest felt by all the Powers of the world in the maintenance of the Spanish
race in the districts of Central America:
The Governments of Central America cannot be ignorant that much of the
complications which havë arisen in that quarter may be traced to the growing
desire felt by the commercial world for a more expeditious communication ;
between the Atlantic and Pacific Oceans; and while they could embark in no
course of policy more fatal to themselves than that of endeavouring to thwart
this desire, so they could adopt no course of policy more beneficial to them-
selves than that of endeavouring to make their territories a great highway for
the commerce of the world.
You will find in the Draft of the unratified Convention, allusion to certain
claims which are to form part of an adjustment with Honduras and Nicaragua
of the questions respecting the Mosquito Indians. These claims originate in
grants made at different times by the rulers of Mosquito of large tracts of land
for very inadequate consideration; and although it cannot be denied that there
is much in the circumstances in which these claims originated to cast a doubt
on their validity, it is no less true, on the other hand, that looking to the
future it is an object of great importance to the States of Honduras and
Nicaragua, by recognizing these claims in a liberal spirit, to encourage foreign
enterprize and foreign capital to be employed in reclaiming territories which :
otherwise will, in all probability, remain for a long space of time desolate and
unproductive.
There are, moreover, certain claims of an ordinary character for which Her
1:19
T
51
Majesty's Government will expect the Government of Honduras to provide; at
least so far as to agree to their being examined by a Mixed Commission, and, if
found valid, to be duly discharged. ..
I have not hitherto adverted in this despatch to the interest taken by the
Government of the United States in the questions to which I have directed your
attention. The volume of correspondence presented to Parliament, and the
communications which passed between myself and the President of the United
States while Minister at this Court, which are herewith transmitted to you,* will
fully inform you of all the transactions which it is necessary that you should be
acquainted with as having occurred up to the time of the signature of the
unratified Convention of the 17th of October last with the United States, and
the further correspondence with Her Majesty's Minister at Washington respecting
that Convention will show you how the question stands with the United States
at the present moment. . . it
After so decided a rejection of the proposal which Her Majesty's Govern-
ment last made to the Cabinet of Washington to renew negotiations for the
settlement of the question so long under discussion between them, it would seem
useless, at all events at present, to make any fresh attempt to overcome the
reluctance of the President. But Her Majesty's Government feel that, perhaps,
the main questions may be practically and more satisfactorily settled by separatë
negotiations with the States of Central America themselves...
3. The questions which more immediately interest Her Majesty's Government,
are those which peculiarly concern this country; the larger questions of peace
and goodwill among the States of Central America themselves, and the promo-
tion of interoceanic communication, arei matters of general interest for all the
nations of the world: but none of those nations can justly view with displeasure
or suspicion an isolated attempt on the part of Her Majesty's Government to
accomplish objects of which they all will reap the benefit, and which Her Majesty's
Government, as all must feel well assured, have neither the intention nor the
desire to turn to the exclusive advantage of this country:
But although it is not the intention of Her Majesty's Government to invite
the co-operation of the United States in regard to these matters; yet, as they do
not wish to conceal their proceedings from the United States' Government, you
will proceed to Washington, in the first instance, and, in conjunction with Lord
Napier, communicate frankly with the Secretary of State of the United States,
and endeavour to ascertain the present views of the United States Government,
as it is understood that they have recently sent a special Minister to Central
America.
From Washington you will proceed to Guatemala, where you will ascertain
from Her Majesty's Chargé d'Affaires the state of feeling in the several Central
American Republics, and you will be guided by the information which you may
thus obtain in the selection of the mode of carrying out my present instructions.
Her Majesty's Government are fully sensible that the Commission entrusted to
you is one of no ordinary delicacy; and, while relying on your zeal and ability
to encourage and to take advantage of any favourable disposition which may
exist in Central America to meet your proposals in a conciliatory spirit, they are
prepared to make every allowance for the difficulty of the position in which you
will be placed, and for the embarrassments with which you will have to contend.
7
Inclosure in No. 22.
Memorandum.
THE boundary between the British possessions and Guatemala is the
River Sarstoon, from its mouth to Gracias a Dios Falls,t on the same river, and
a line drawn from Gracias a Dios to Garbutts Falls, on the River Belize, and a.
continuing line drawn from Garbutt's Falls in a direction due north.
All to the north of the Sarstoon, and to th: east of such lines, belong to..
the British possessions. .
* See “Correspondence with the United States respecting Central America,” presented to
Parliament, April 24 and June 26, 1856.
+ I believe these Falls are sometimes called by another name ; so says Señor Martin ---W. S.
52
All to the south of the Sarstoon, and to the west of such lines, belong to
Guatemala.
And neither Contracting Party has any claiin to the territory herein
admitted to be within the limits of the other.
No. 23.
The Earl of Clarendon to Lord Napier.
My Lord,
Foreign Office, October 30, 1857.
I HAVE to state to your Lordship that, Her Majesty's Government being
anxious to arrange definitively in Central America the various matters which
remain unsettled in consequence of the Treaty signed in August 1856, between
Mr. Dallas and myself, not having been ratified by the United States' Govern-
ment, and Her Majesty having been graciously pleased with that object to appoint
Sir William Gore Ouseley as Her Majesty's Plenipotentiary and Knvoy Extraor-
dinary to the States of Central America, that gentleman is about to proceed on
the special mission which has been confided to him.
When Mr. Buchanan was Minister of the United States in this country, it
was on more than one occasion my duty to explain to him the policy of Her
Majesty's Government with respect to Central America, and it is hardly necessary
for me now to inform your Lordship that that policy remains unchanged.
England seeks no territorial acquisition nor any exclusive advantage, political or
commercial, in Central America. She will fulfil the engagements which good
faith and humanity inpose upon her, and will endeavour by all the means in her
power to secure the entire freedom and neutrality of all interoceanic communica-
tions.
Her Majesty's Government, therefore, having no object in view which they
have a motive for disguising, and being at the same tine anxious to establish a
perfect understanding with the United States upon the points respecting which
differences have hitherto existed between the two countries, have instructed Sir
W. Ouseley to proceed in the first instance to Washington, for the purpose of
placing himself in communication with the Government of the United States,
and frankly conferring with them upon the mission with which he is charged.
Your Lordship will accordingly introduce Sir W. Ouseley to the Secretary
of State, and, at the same time, communicate to General Cass the substance of
this despatch.
I am, &c.
(Signed) CLARENDON.
No. 24.
Lord Napier to the Earl of Clarendon.---(Received October 30.)
(Extract.)
Washington, October 12, 1857.
IT had been the intention of the United States' Government to suspend
their recognition of the existing Government of Nicaragua until the latter had
assumed a more regular form of civil authority, or, at least, until such a measure
should be advised by the reports in the affair of Central America expected from
Mr. Carey Jones.
The information afforded by that gentleman has, however, not been of a
profitable nature, and, meanwhile, many motives have concurred to recommend
the adoption of some definitive resolution, among which may be reckoned the
designs of the filibusters and the intrigues of rival parties aspiring to the
possession of the transit route.
I am now assured that the American Cabinet will shortly receive
Mr. Yrissari in the quality of Minister from Nicaragua, and that a Treaty will
be negotiated with him for the protection of the interoceanic passage by the
River San Juan, similar to that contracted between Great Britain and Honduras,
for the guarantee of the railway projected across the territory of the latter
State.
At the same time, the Government of Nicaragua have recognized the
53
existence of the old "American Atlantic and Pacific Ship-Canal Company,”
which appeared to have lapsed during the operations of the Accessory Transit
Company," of filibustering notoriety. The original charter of the former
and Mr. Joseph White, the legal adviser of that body. The Company is under
the nominal presidency of Mr. Stevens of New York, and is said to comprise
some persons of credit and substantial resources, but Mr. White is the active
agent in the enterprise. If not officially recognized, his project is viewed with
favour by the American Cabinet, and I think it may very probably be carried
into operation.
The different parties who have obtained grants from the Government of
Costa Rica have been unable to fulfil their obligations, and are, in fact, equally
devoid of character and pecuniary means. The claim of Costa Rica to a sole or
participated sovereignty in the transit route is one which may well be questioned,
and which I am not in a position to advocate with success.
The Government of the United States have emphatically stated that they
will not recognise any jurisdiction on the part of Costa Rica over the river or
lake. The two contracts under which the passage was formerly opened and
administered, have been in existence for more than eight years: they ran in the
name of Nicaragua, and I am not aware that their validity has been contested
by Her Majesty's Government. In the recent discussions attending the nego"
tiation of the unratified Treaty of 1857, the exclusive jurisdiction of Nicaragua
seems to be involved by a particular stipulation of a limited right of navigation
in favour of Costa Rica in Article IV.:
At the same time I was reluctant to see the negotiation of a Treaty between
the United States and Nicaragua, without some recognition of the right of Costa
Rica to the beneficial use of the river for her own trade, and without a saving
clause securing to both States a perfect freedom in the settlement of their
boundaries, unfettered by the stipulations of the Transit Contract, should that
contract be recognized and sanctioned in the projected Treaty between Nicaragua
and the United States. .
I have accordingly spoken in this sense, both to Mr. Yrissari and General
Cass, and from both I have received assurances of a satisfactory character; I
have told them that, in my opinion, no arrangement will be assented to by Her
Majesty's Government which should deprive Costa Rica of a free débouché for
her coffee and other produce by the Rivers Serapiqui and San Juan, and I have
availed myself of this occasion to lay the views of Her Majesty's Government,
as I understand them, on record in the accompanying letter to the Secretary of
State. In this communication I have also thought it right to advert to the
designs of the piratical adventurers against the peace of Central America in such
a manner as cannot offend the susceptibilities of the American Cabinet.
In placing my note in the hands of General Cass, I stated to him that if it
should be consistent with the policy of the President to direct the officers of the
United States' vessels of war in Central American waters to act in conjunction
with Her Majesty's ships on that station, with a view to the protection of the
coast, I felt sure that Admiral Sir Houston Stewart would issue corresponding
orders.
The Secretary of State seemed rather favourably inclined to this proposal,
but did not give me a distinct reply.
Inclosure in No. 24.
Lord Napier to General Cass.
Sir,
Washington, October 9, 1857.
THE Government of the United States have manifested a just solicitude for
the settlement of the relations between Nicaragua and Costa Rica on such
terms and with such guarantees as may enable a free transit by the River San
Juan to be restored and protected. Her Majesty's Government have the same
object at heart, and would gladly coincide in measures tending to this desirable
end, and acceptable to the American Cabinet.
Costa Rica has peculiar claims on the sympathy of Great Britain. With a
limited territory and a small population, that Republic has shown more thau
54
CU
--
usual punctuality in fulfilling her pecuniary liabilities towards Her Majesty's
subjects. She has also evinced a respectable stability of internal administration,
the results of which are apparent in a considerable export trade directed to
England, and a proportionate consumption of British manufactures. The
cordiality with which Costa Rica is regarded by Her Majesty's Government has,
however, nothing in it of a partial or exclusive nature. The Government of
Nicaragua possesses all the claims of an independent and friendly Power to the
goodwill of Great Britain, and those claims are not diminished, but strengthened,
by the vicissitudes and miseries which she has lately undergone.
The appreciation which Her Majesty's Government entertain of the fidelity
and conduct of Costa Rica would, indeed, cause them to regret the more any
deviation on her part from justice and true policy, such as might be exhibited in
a usurping or exacting spirit towards her less fortunate neighbour. Her
Majesty's Government would deprecate such a course, and happily there is no
reason to apprehend that the pretensions of Costa Rica will be urged with
intemperance or enforced by violence.
The policy of England points solely to the maintenance of peace in those
regions by which the freedom of transit, the interests of trade, and the welfare of
the native population may be secured.
To perpetuate the present tranquillity of the country and its attendant
advantages, three things seem particularly requisite:-1, the negotiation of a
Treaty between Nicaragua and Costa Rica, for the regulation of their respective
frontiers and the navigation of the river ; 2, the formation of a competent
Association for the organization of the Transit Service; 3, the protection of
both Republics from the irruption of foreign adventurers.
1. With reference to an eventual Treaty between Nicaragua and Costa
Rica for the reconciliation of their rival pretensions to territory and jurisdiction,
I am not aware that Her Majesty's Government have expressed any definitive
opinions. I am under the impression that they would gladly see those questions
dealt with, not so much by reference to ancient titles as on the basis of local
convenience and general expediency. They would also desire that any settle-
ment hereafter made should be made freely on both sides, without any imputation
of compulsion or ascendancy, and that it should be discussed with the
concurrence and confirmed by the sanction of Great Britain and the United
States. An arrangement which should, as far as possible, identify the frontier of
Costa Rica with the southern shore of the Lake of Nicaragua and the right
bank of the River San Juan, would appear most conformable to the principles
indicated above, and, if amicably concluded, most conducive to the general
good. Those are the boundaries defined by Nature, and they would probably
be agreeable to the wishes of the inhabitants.
The navigation of the River San Juan and its tributaries, which traverse the
territory of Costa Rica, is essential to the development of a commerce which
has hitherto chiefly flowed towards Great Britain, but of which the United States
will, undoubtedly, take a large share in future. An arrangement which would
deprive Costa Rica of a free débouché for her coffee and other produce could
not be satisfactory to Her Majesty's Government, nor could it be reconciled to
the liberal principles of river trade invoked by Great Britain and the United
States in other quarters.
The jurisdiction or sovereignty of the river, and, consequently, of the inter-
oceanic transit, has in recent discussions apparently been vested, by the consent
of Great Britain and the United States, in the Government of Nicaragua. Her
Majesty's Government may regret that authority and obligations so important
are not deposited with a Government more vigorous and undisturbed, and they
might also think it preferable in some respects to strengthen the hands of
Nicaragua by the association of Costa Rica in regulating and defending that
great avenue of traffic and passage. Her Majesty's Government will, however,
be sensible that there are some benefits attached to dealing with a single Govern-
ment in respect to transit rights. They are also aware that the Government of
the United States are already committed to their own citizens, as well as to
Nicaragua, in this matter, and that they may naturally be unwilling to compli.
cate their correspondence by the admission of new parties to pending discus-
sions.
In acceding to the views of the United States on this point, Her Majesty's
Government would therefore not deviate from the sense of former declarations ;
55
n
they would adopt a resolution recommended by some motives of a valid character,
and they would be faithful to the spirit of the Treaty of 1850, which contem-
plates a harmonious course of action and counsel between the Contracting
Parties in the settlement of Central American interests.
2. The formation of a Commercial Company capable of providing at once
for the wants of the Ocean line, as well as for the river transit, in a provisional
manner, and ready to contract for the eventual improvement of the latter in the
shape of a canal or railway, is a project which Her Majesty's Government could
not fail to approve. If the seat and direction of such a Company should be
established in the United States, the supervision of their relations with the
Government of Nicaragua would especially devolve on the American Govern-
ment; but the capital invested would eventually be drawn in part from British
sources. Her Majesty's subjects, as shareholders, traders, and emigrants, would
ever be interested in the undertaking; and if the terms of the concession to the
Transit Company were so guarded as to prevent its privileges being used as the
shield of illicit projects, the enterprise would enjoy whatever good offices Her
Majesty's Government might, under the circumstances, be enabled to bestow.
3. It is obvious that the most comprehensive reconciliation of Costa Rica
and Nicaragua, accompanied by the re-establishment of the transit service by
a respectable Company, under the auspices of the United States or England, or
both, would still be inoperative for the welfare of those countries if they should
continue to labour under apprehensions of invasion. It is superfluous to enlarge
upon the calamities which the States in question have experienced from civil war
and foreign adventurers. Of the native population not less than 40,000 are
computed to have perished in the conflicts of the last two years, while more
than 6,000 strangers have sacrificed their lives in the prosecution of criminal or
visionary aims.
The destruction of property, the suspension of industry, the sacrifice of
civilization, virtue and happiness, the diffusion of wrong and suffering incidental
to such a struggle, are more easily imagined than described. Yet, if public
rumour may be credited, the perpetration of the same evil is again meditated by
the same agents.
I am informed that more than 2,000 men have been enrolled for the bu
invasion of Central America; funds have been subscribed to the amount of
250,000 dollars, arms have been purchased, and overtures are being made to
proprietors of shipping for the transport of the force to the scene of action.
The descent will probably be attempted at some point of the Bay of
Chiriqui variously stated to belong to New Granada or Costa Rica, but close to
the frontier of the latter. By some accounts the flag of Nicaragua will be
assumed by the expeditionary band, by others the colours of the United States
will be adopted. In anticipation of the apprehended contingency, it is reported
that the Government of the United States, in addition to certain domestic
precautions, have issued instructions to the commanders of their vessels of war
in Central American waters to protect the threatened coasts from attack.
What resolution Her Majesty's Government may embrace, I am not
enabled to state, but the general tenour of their sentiments does not admit of
doubt. They cannot see with indifference the violation of New Granadian
territory which they are about to guarantee, or the oppression of Costa Rica, an
industrious and unoffending State, or the destruction of a lucrative branch of
British trade, or the suspension of interoceanic traffic which they are engaged
by Treaty to promote and protect. They would consequently learn with the
highest satisfaction that the Government of the United States have it in contem-
plation to discourage and prevent the projected incursion. Under this safeguard
Sie tranquillity of the Isthmus would be confirmed, and time would be afforded
to mature those measures of concession and adjustment to which the attention
of Her Majesty's Government is directed.
In addressing you on this occasion, it is my desire to restate with greater
formality the substance of those communications which have hitherto been
conveyed to you in conversation, in order that whatever may occur, a record
may not be wanting of the benevolent and dispassionate views of Her Majesty's
Government for the settlement of Central American controversies.
I have, &c.
(Signed) NAPIER.
A1
I 2
56
No. 25.
· Lord Napier to the Earl of Clarendon.--(Received November 9.)
(Extract.)
Washington, October 22, 1857.
I HAVE the honour to transmit to your Lordship herewith copy of a note
from General Cass in reply to that which I submitted to your Lordship in my
despatch of the 12th instant.
The Circular under date of the 18th ultimo, alluded to by the Secretary of
State, and referring to the designs of the freebooters in the United States against
the peace of Central America, is inclosed herewith.
Inclosure 1 in No. 25.
nnn
MUTUU
General Cass to Lord Napier.
My Lord,
Department of State, Washington, October 20, 1857.
I HAVE had the honour to receive your Lordship’s communication of the
9th instant, in reference to the existing relations between Nicaragua and Costa
Rica, and have submitted it to the consideration of the President.
These relations have attracted the earnest attention of the President, not
only from the importance of the San Juan transit to the commerce of the world,
but from the interest which is naturally felt by the United States in the neigh-
bouring Republics of this continent. The President has witnessed, therefore,
the restoration of peace to Nicaragua and Costa Rica with the highest gratifi-
cation ; and he sincerely hopes that it may not again be interrupted either by
the calamity of civil war, or the invasion of their territory from other countries.
Their security and welfare would undoubtedly be promoted by a just and
friendly settlement between them of their mutual boundaries and jurisdiction ;
and I need hardly add, that such an adjustment would be viewed with satis-
faction by the United States. This Government, however, has never admitted
the pretensions of Costa Rica to an equal control with Nicaragua of the San
Juan river, but has regarded the sovereignty of the river, and consequently of
the interoceanic transit by that route, as rightfully belonging to the Republic of
Nicaragua.
A similar view of the question appears to have been recognized by Great
Britain ; and, whatever may be the rights of Costa Rica with respect to the
free passage of her own products by the river to the ocean, it is better, probably,
that what has been thus acquiesced in, and has led, moreover, to important
contracts and responsibilities, should not now be disturbed. But under any
circumstances the commercial nations of the world can never permit the inter-
oceanic passages of the Isthmus to be rendered useless for all the great purposes
which belong to them, in consequence of the neglect or incapacity of the States
through whose territories they happen to run. The United States, as I have
before had occasion to assure your Lordship, demand no exclusive privileges in
these passages, but will always exert their influence to secure their free and
unrestricted benefits, both in peace and war, to the commerce of the world. The
rumoured invasion of Central America, which your Lordship apprehends may delay
the re-establishment of the transit service through Nicaragua, has not escaped the
attention of the President, and his views on the subject are clearly indicated in
the Circular from this Department of the 18th ultimo, which has been printed
in the public journals, and has not escaped your Lordship’s notice.
No nation on earth, it is believed, appreciates its national rights and duties
more highly than the United States, and no one is more ready to concede to
other nations, whether strong or weak, that measure of justice which it claims
for itself. Any such expedition as that which has been mentioned, is forbidden,
under severe penalties, by the laws of this country; and these laws the President
will take care, on all proper occasions, to enforce.
I have thus endeavoured to meet the frank suggestions of your Lordship by
re-stating, with corresponding frankness, the general policy of the United States
with respect to the Governments and the interoceanic transits of Central
America ; but since your Lordship has referred to the Clayton-Bulwer Treaty of
57
1850 as contemplating a “harmonious course of action and counsel between the
Contracting Parties in the settlement of the Central American interests,” you
will pardon me for reminding your Lordship that the differences which this
Treaty was intended to adjust between the United States and Great Britain still
remain unsettled, while the Treaty itself has become the subject of new and
embarrassing complications.
Until these disagreements can be removed, and the States of Central
America can be left to that independent control of their own affairs with which
the continued claims of Great Britain in that quarter seem to this Government
quite inconsistent, it is easy to see that the harmony of action and counsel
between this Government and that of Her Britannic Majesty, to which your
Lordship refers, must be always attended with difficulty, if not found impos-
sible.
It was hoped that these differences would be removed by the approval, on
the part of Great Britain, of the amended Treaty of October 17, 1856, which
had been sanctioned by the President in a spirit of amity towards that kingdom,
although its provisions were not wholly in accordance with his views. But the
British Government found it necessary to withhold their approval, and the Treaty
was returned from London unratified.
It was impossible for this Government to consent to the Treaty in its
original form, for reasons which your Lordship well understands, and no further
discussion has been had on the subject between the two Governments.
The President still entertains the earnest hope that all subjects of disagree-
ment which now exist between the United States and Great Britain may be
harmoniously adjusted at an early day, but he cannot be insensible to the long
delay which has attended their negotiations on the subject of Central America,
or to the serious difficulties which the continuance of this delay is calculated to
produce.
I avail, &c.
(Signed) LEWIS CASS.
Inclosure 2 in No. 25.
Circular from the State Department to District Attorneys and Marshals of the
United States.
Sir,
SD
Department of State, Washington, September 18, 1857.
FROM information received at this Department there is reason to believe
that lawless persons are now engaged, within the limits of the United States, in
setting on foot and preparing the means for military expeditions to be carried on
against the territories of Mexico, Nicaragua, and Costa Rica, Republics with
whom the United States are at peace, in direct violation of the 6th section of the
Act of Congress, approved 20th April, 1818; and under the 8th section of the
said Act it is made lawful for the President, or with persons he shall empower,
to employ the land and naval forces of the United States, and the Militia thereof,
“ for the purpose of preventing the carrying on of any such expedition or enter-
prise from the territories or jurisdiction of the United States.”
I am therefore directed by the President to call your attention to the
subject, and to urge you to use all due diligence, and to avail yourself of all
legitimate means at your command, to enforce these and all other provisions of
the said Act of 20th April, 1818, against those who may be found to be engaged
in setting on foot or preparing military expeditions against the territories of
Mexico, Costa Rica, and of Nicaragua, so manifestly prejudicial to the national
character, and so injurious to the national interest.
And you are also hereby instructed promptly to communicate to this Depart-
ment the earliest information you may receive relative to such expeditions.
I am, &c.
(Signed) LEWIS CASS.
58
No. 26.
Lord Napier to the Earl of Clarendon.-(Received November 9.)
T
veral alternative had resolved to used to make a del
U
(Extract.)
Washington, October 22, 1857.
ON receiving an intimation from your Lordship that Her Majesty's Govern-
ment had determined to send out a Special Minister to Central America, with
the view of adjusting the questions under discussion in that quarter, I sought an
interview with the President, for the purpose of communicating this intelligence
to his Excellency.
The President received me on the afternoon of the 19th instant, and I was
enabled to report to your Lordship, by the mail of the same day, in a private
form, the substance of a conversation which I have now the honour to submit
to your Lordship with more accuracy and extension,
I stated to the President that, since the failure of the late overtures, conse-
quent on the non-ratification of the Treaty of 1856, Her Majesty's Government
had considered the several alternatives of action which were open to their selec-
tion, and on a review of the whole case, had resolved to dispatch a Representative,
of authority and experience, to Central America, charged to make a definitive
settlement of all the matters with regard to which the United States and England
were still at variance.
This conclusion had been embraced for some time past, and the delay which
had occurred was referable partly to the difficulty of selecting a competent person
for a duty which involved much personal inconvenience, and demanded peculiar
qualifications, and partly to the nature of the intelligence from India, which had
of late absorbed the attention of the English Cabinet.
Her Majesty's Government had, however, now appointed Sir William Gore
Ouseley for the service alluded to, and felt the greater satisfaction in doing so,
because he was intimately known to the President, and enjoyed his good
opinion.
I could not state exactly the character of the instructions with which Sir
William Ouseley would be charged, but I might infer from all that had reached
me that they would virtually be to the following effect.
The efforts of the new Plenipotentiary would be directed to those objects
which had been dealt with in the Treaty of 1856, now laid aside, viz., the cession
of the Bay Islands to Honduras, the substitution of the Sovereignty of Nicaragua
for the Protectorate of England in Mosquito, and the regulation of the frontiers
of Belize.
In short, I believed it was the intention of Her Majesty's Government to
carry the Clayton-Bulwer Treaty into execution according to the general tenour
of the interpretation put upon it by the United States, but to do so by separate
negotiation with the Central American Republics, in lieu of a direct engagement
with the Federal Government.
The President commenced his observations by referring to the Clayton-Bulwer
Treaty as a fruitful source of misunderstanding between the Contracting Parties,
Without that Treaty the United States and Great Britain might long since have
co-operated for the welfare of Central America. That Treaty had never been
acceptable to the people of the United States, and would not have obtained a
vote in the Senate, had the least suspicion existed of the sense in which it was
to be construed by Great Britain ; yet if it were now the intention of Her Majesty's
Government to execute it according to the American interpretation, that was as
much as he could insist upon.
In any arrangement entered into with this purpose, he must, however,
remark that the Government of the United States could not recognize as satis-
factory the cession of the Bay Islands to Honduras, with stipulations similar to
those contained in the Treaty lately negotiated between England and that
Republic, which left the Bay Islands as much under the protection of Great
Britain as Mosquito. He did not know what had become of that Treaty.
I replied that I felt convinced it had been the intention of Her Majesty's
Government to deliver the islands to Honduras in full sovereignty, and that
the franchises awarded to them by the Treaty were designed for the freedom
of trade, the protection of the vested interests of British subjects, and the welfare
of the inhabitants.
T added that his Excellency was well aware of the convictions conscientiously
T1
59
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SA
held in England respecting slavery, and of the respect which Her Majesty's
Government owed to public feeling on that subject. I might plainly affirm that
a principal motive in framing securities for the after government of the Bay
Islands had been the apprehension that when relinquished by the English
authorities those islands would be settled by planters from the United States,
who would bring their negroes with them, and thus establish slavery on soil
which had, justly or unjustly, been declared to be a colonial dependency of
Great Britain.
Her Majesty's Government, moreover, regarded the Bay Islands as forming,
ol
in a manner, one of the termini of the Honduras transit route, and therefore
desired to see them endowed with the privileges of a free port; the Island of
Tigre, in the Gulf of Fonsega, at the other extremity, having long possessed
those immunities.
The President contended that the stipulations were uncalled for, and that
Her Majesty's Government might have surrendered the islands freely, and
subsequently enforced on the Government of Honduras a due respect to the
claims of British settlers.
In reply to his Excellency I allowed that the Articles establishing the
administrative independence of the islands might have been larger than was
necessary, I had observed the same impression in the correspondence of
Mr. Wyke, Her Majesty's Chargé d'Affaires at Guatemala, who seemed to admit
that a greater participation in the internal government might be granted to the
authorities of Honduras : that I made no doubt Her Majesty's Government would
entertain any reasonable suggestions which might be afforded to them in that
sense. As far as I knew the discussion was not closed, and Sir William
Ouseley would, probably, have power to enter upon it in a liberal spirit.
I then went on to animadvert upon the danger of some movement in the
approaching Congress which would interfere with the contemporary negotiation
of Sir William Ouseley, remarking that should the President in his Message
allude to the position of the two countries in reference to Central America, and
if, in consequence of his Excellency's reflections, a resolution should be proposed
for the abrogation of the Clayton-Bulwer Treaty, such a step would not only
frustrate the purposes of Sir William Ouseley's Mission, but would have a
calamitous influence on the future relations of England and America. It would,
therefore, be highly gratifying to me to be enabled to assure your Lordship that,
pending the negotiation entrusted to Sir William Ouseley, no proposal to annul
the Treaty would be sanctioned or encouraged by his Excellency or by the
members of his Government.
The President stated, in reply, that it was certainly his intention to give an
account in his Message of all that had passed between the two Governments
respecting the Dallas-Clarendon Treaty. He appeared to intimate that the effect
of such a narrative would be to place the conduct of Great Britain in an
unfavourable light, and he added that the passage in which he commented upon
these transactions was already prepared ; but his Excellency went on to affirm,
with emphasis, that if the resolutions of Her Majesty's Government were such as
I had related, if they really meant to execute the Clayton-Bulwer Treaty
according to the American interpretation, and would, before the meeting of
Congress, make some communication to him in that sense, such as he could
use, he would cancel what he had written and insert another passage referring
to the Mission of Sir William Ouseley, and that “nothing would give him
greater pleasure than to add the expression of his sincere and ardent wish for the
maintenance of friendly relations between the two countries.”
His Excellency also distinctly declared that, under the circumstances here
described, no attempt against the Clayton-Bulwer Treaty in Congress would
have any countenance from him whatever. To him it was indifferent whether the
concession contemplated by Her Majesty's Government were consigned to a
direct engagement between England and the United States, or to Treaties
between the former and the Central American Republics: the latter method
might, in some respects, be even more agreeable to him, and he thought it would
be more convenient to Her Majesty's Government, who might, with greater
facility, accede to the claims of the weaker party.
I thanked the President for his assurances and expressed my hope that
your Lordship would be enabled to make a full communication of Sir William
Ouseley's instructions to the American Cabinet, and even to direct that Minister
60
to visit Washington, on his way to Central America, if his Excellency thought
such a step would be advisable. The President replied that a written communi-
cation would be sufficient, even if it reached him a few days before the meeting
of Congress.
In the course of this interview the President touched incidentally upon the
Honduras Railway, which he trusted might prove a successful enterprise, although
the impressions which reached him were unfavourable to its practicability, or, at
least, to its profitable execution. In this sentiment I concurred with the
President, and avowed my apprehension that the undertaking would be the grave
of a vast amount of British capital, which had been already so extensively wasted
on the American continents.
Allusion having been made to the relations of Costa Rica and Nicaragua,
the President asserted that the United States aimed at no exclusive privileges
and at no possession in that region : their interests and those of Great Britain
were identical. I answered that such had always been my persuasion and my
language, and that the parties who had obtained concessions from Costa Rica
for the transit or the navigation of the River San Juan acted, in my belief, without
any sanction or authority from Her Majesty's Government. The jurisdiction of
the transit was vested in Nicaragua ; but Her Majesty's Government, I
thought, would desire to secure the beneficial use of the river to Costa Rica for
the purposes of import and export trade--a claim which seemed equitable and
consistent with the views of the United States with reference to the navigation
of the Amazon.
I have the pleasure of reporting to your Lordship that the President took
occasion to declare his satisfaction in the sympathy which had been displayed
throughout the United States towards England since the outbreak of the Indian
mutiny, and his own confidence in the success of Her Majesty's arms, which
was to be desired in the interest of the natives of Hindostan.
At the conclusion of the interview, as I rose to take my leave, the President
l'esumed the subject and said: “I shall be satisfied on condition that the British
Government sends a Minister to Central America instructed to settle all the
questions which have been controverted between the two Governments according
to the American construction of the Treaty, and upon receiving an official
assurance to this effect I shall change the character of my Message.”
In affirming the present policy of Her Majesty's Government to be," the
execution of the Clayton-Bulwer Treaty according to the general tenour of the
interpretation placed upon it by the United States," I trust that I have not
misconstrued the views of Her Majesty's Government in the mission of Sir
William Ouseley.
I am careful in my language on this subject to mark that I spoke on a
broad impression of your Lordship's intentions, and not on a particular official
knowledge of the decision of Her Majesty's Government.
I need not add that the engagements of the President do not depend in any
degree on what I have hazarded on my own responsibility, but are altogether
contingent on the nature of the communication which his Excellency may
receive before the 4th of next December, when Congress will assemble.
No. 27.
Lord Napier to the Earl of Clarendon.-(Received November 9.)
My Lord,
Washington, October 24, 1857.
HAVING occasion, yesterday evening, to call upon the Private Secretary
of the President, his Excellency heard that I was in the house, and did me the
honour to invite me into his apartment.
I availed myself of this occasion to recur to the subjects which were touched
upon in a previous conversation reported to your Lordship in my despatch
of the 22nd instant; my object being to obtain further elucidation of the
opinions of the President with reference to the adjustment of the Clayton-Bulwer
Treaty, a duty which I understand to be entrusted to Sir William G. Ouseley, as
Her Majesty's Special Minister in Central America.
I had previously ventured to affirm that, in my belief, the instructions of
Sir William Ouseley would in fact enable him to sanction the execution of the
61
IL
Treaty in question, by direct arrangements with the Central American Republics,
in conformity with the general tenour of the interpretation placed upon it by the
United States.
The President had made me certain assurances conditional on receiving a
definite declaration from Her Majesty's Government.
. It was therefore important to know what is the sense attached to the
Clayton-Bulwer Treaty by the Government of the United States.
The conversation which ensued upon this question was of a desultory kind,
and scarcely susceptible of continuous recapitulation. I believe I may, however,
submit the following statement to your Lordship as correctly embodying the
sentiments of the President.
The Government of the United States expect the surrender of the Bay
Islands to Honduras in the condition in which they were when Colonel Macdonald,
Her Majesty's Superintendent at Belize, took possession of them. 2ndly. The
substitution of Nicaraguan Sovereignty for British Protectorate in Mosquitia.
3rdly. The regulation of the boundaries of Belize.
The first question is the most important, and excites the greatest interest in
the United States. The President entertains the strongest opinions on tiiis
point, and believes that even the construction put upon the Treaty of 1850 by
the British Government involves the relinquishment of these islands. His
Excellency does not assert that the delivery of the islands must be absolutely
naked and unconditional, but lie evidently desires that it should be as unequi-
vocal as possible, and thinks that the vested interests of British subjects might
be well protected after the cession by the usual diplomatic intervention of Her
Majesty's Governinent. Stipulations similar to those contained in the late
unratified Treaty between Great Britain and Honduras would not be regarded
by hiin as satisfactory: the islands would still remain practically under the
Protectorate of Great Britain.
The settlement of Mosquitia offers less difficulty. The principle of the
Sovereignty of Nicaragua being once conceded, and the British Protectorate
withdrawn, any provisions, compatible with those conditions, for the protection
of the Indians in their local freedom and in their right of occupancy within a
limited district, according to the usage of the British and American Governments
in relation to the Indians, would be acceptable to the United States. The
present King or Chief might remain Chief under the Sovereignty of the Republic,
and the extension of the reserved territory might be arranged between Great
Britain and Nicaragua, according to their view of the necessities of the case ; *
provided always that the transit-route be not interfered with.
In commenting upon the delimitation of the Belize Colony, the President
referred to the origin of that Settlement, which was a right of use under the
Crown of Spain, and not a possession in full sovereignty ; but he said that no
one now expected the British Government to give it up. All that was asked
was, that England should confine herself within the limits which actually consti-
tuted the original territory of Belize. In his opinion, the tract between the
Sibun and Sarstoon had been simply usurped by the mahogany cutters without
the least colour of title or authority, and that this region should be surrendered.
Her Majesty's Government might make stipulations for the right of cutting wood
under the sovereignty of the neighbouring Republic; British subjects allody
engaged there might be protected in the exercise of their transitory industry
while it lasted : but the territory should be recognized as belonging to Guatemala.
The Sibun was the proper boundary.
I l'emarked on this point that I was disappointed to hear such a decided
opinion from his Excellency. The Sarstoon had been recognized as the boundary
by the Additional Articles of the Treaty of 1856, commonly called the “ Dallas-
Clarendon Treaty.” That instrument was not ratified, and had, therefore, no
validity; yet it had received the sanction of the highest authority in America,
and might be presumed to embody 110 stipulations opposed to the views of the
United States. I had no means of judging of the value of the tract of land under
discussion ; but I had hoped that the boundary prescribed by the Dallas-
Clarendon Treaty might have been made the basis of proposals to Guatemala,
and that no objection would have been taken on the part of the American
Cabinet.
In reply to these arguments, and others wliich it is not necessary to submit
to your Lordship, the President observed that no person knew better than the
UUU
1
.)
1
62
TO
Earl of Clarendon that he would not have entered into such a Treaty; it yielded
to Great Britain the territory in Central America between the Sibun and Sarstoon,
and it recognized, in fact, a British Protectorate over the Bay Islands, whilst
nominally restoring the sovereignty over them to Honduras. Had he been
President, he would not have negotiated such a Treaty; but it had been nego-
tiated under his predecessor, and transmitted by him to the Senate. It was so
distasteful to that body that it had not been touched till after the 4th of March ;
that he had urged Senators to take it up and decide it one way or the other, this
being due to the British Government; and after they had amended and passed
it, he did not feel himself at liberty, under all the circumstances, to refuse to
ratify it, and send it to Great Britain; that he was, in fact, so anxious to culti-
vate the most friendly relations with England that, though he did not like the
Treaty as amended, he was greatly disappointed, and was sorry for the rejection
of it. As it stood originally, he thought he would not have sent it to the Senate
if it had arrived after his inauguration.
The President then procceded to remark that he could take no absolute
engagement in this matter; but he would say this much, that if the Bay Islands
were frankly and handsomely evacuated, such a measure would have a great
effect with him and with the American people in regard to the settlement of the
other points at issue. He added, that Her Majesty's Government would be able
to deal liberally with such weak States as Guatemala and Honduras, without
any sacrifice of dignity. In this sentiment I concurred with the President, and
expressed my hope that your Lordship would find it consistent with the interests
and honour of Great Britain to give an indulgent consideration to the claims of
the Central American Republics.
I have, &c.
(Signed) NAPIER.
No. 28.
Lord Napier to the Earl of Clarendon. --(Received November 9.)
(Extract.)
Washington, October 27, 1857.
IN a conversation with General Cass this forenoon, I stated to him that
the delay that has occurred in the negotiations regarding Central American
affairs might be referred in part to the engrossing nature of the intelligence.
from India which had demanded the peculiar attention of Her Majesty's
Government: but that your Lordship had taken into consideration the alterna-
tives of action open to you in Central American affairs. These were, to renew
the former proposal to refer the disputed questions to arbitration, or to charge a
special Minister to adjust those questions in a sense agreeable to the United
States, by direct negotiation with the Central American Republics. Your Lord-
ship had decided in favour of the latter course, because you believed, from my
representations, and on other grounds, that the principle of arbitration was
distasteful to the President and himself, and unacceptable to the American
people, who were jealous of the intervention of foreign Governments in their
interests ; but that I thought it right to state to him officially, though not
instructed to do so by your Lordship, that Her Majesty's Government regarded
the principle of arbitration as the ark of safety for nations differing as to the
sense of Treaties, and that I had not the least doubt that now, and at any time
in these discussions, Her Majesty's Government would gladly refer the decision
of all controverted points to the decision of any one of the European Powers.
The General remarked, in reply, that he did not repudiate the principle of
arbitration on all occasions ; he had invoked it, and would do so again where it
seemed justly applicable, but that in this matter it was declined by the American
Government for the following reasons :--The language of the Treaty was so
clear that, in his opinion, there ought not to be two opinions about it. “We
say that black is black, but we think that you say that black is white.” Then
itwas a mere question of the interpretation of the English language, and he held
that a foreign Government was not so competent to decide in such a question
as the United States and England, who possessed that language in common;
and, finally, the Senate of the United States had accepted the Treaty in the
sense which he contended for, viz., that it stipulated for the present and absolute
63
withdrawal of all British protectorate or possession in Central America : that he
had separated from some of his party, and voted in favour of the measure on
that understanding, and that on no other would the Treaty have had a voice in
the Senate or the country.
.
No. 29.
• Lord Napier to the Earl of Clarendon.—(Received November 9.)
(Extract.)
Washington, October 27, 1857.
IN the reports of my conversations with the President, which are submitted
to your Lordship in my despatches of the 22nd and 24th instant, it will not
escape your Lordship that the assurances of the President do not correspond to
my overtures to his Excellency.
I ventured to state my belief that the intention of Her Majesty's Govern-
ment is to sanction the execution of the Clayton-Bulwer Treaty, “according to
the general tenour of the interpretation placed upon it by the United States."
The President makes his engagement contingent on an official declaration
from Her Majesty's Government, that an Agent is sent to Central America
instructed to settle all the questions which have been controverted between the
two Governments, "according to the American construction of the Treaty."
It remains of course for Her Majesty's Government to decide how far they
can accede to such a proposal.
If Her Majesty's Government be unable to sanction the declaration
demanded by the President, or even the mitigated assurance suggested by
myself, some conciliatory communication as to the object of Sir William
Ouseley's mission may still have a good effect.
Her Majesty's Government will also be able to judge whether it might not
be advisable to instruct me to renew the official proposal, to refer all the contro-
verted points in the Clayton-Bulwer Treaty to arbitration.
Such a proposal, connected with the Mission of Sir William Ouseley, would
place the policy of Her Majesty's Government in a very favourable light.
No. 30.
The Earl of Clarendon to Lord Napier.
My Lord,
Foreign Office, November 13, 1857.
I HAVE to state to your Lordship that Her Majesty's Government entirely
approve of the language which you used to General Cass, as reported in your
despatch of the 27th ultimo, * with respect to the proposal of Her Majesty's
Government to refer the disputed questions arising out of the interpretation of
the Clayton-Bulwer Treaty of 1850 to the arbitration of a friendly Power.
If ever there was a case in which the principle of arbitration would be
advantageously adopted, it is the one in question. All differences as to the
interpretation of Treaties arise out of the different meanings attached to words,
and General Cass's arguments in this case would be equally valid against
arbitration in any case; but as the United States' Government affirm that no
doubt can possibly exist as to their interpretation of the clause in question, it is
difficult to understand their repugnance to having their opinion confirmed by a
disinterested third party.
Her Majesty's Government, on the other hand, feel equally confident that
their interpretation of the clause in question is correct; and as a reference to a
third party is not only the course usually adopted between two friendly
Powers who differ in opinion, but is the one which is most likely to secure an
honourable and satisfactory solution of the difference, your Lordship is authorized
formally to renew to the United States' Government, in writing, the offer to
refer the controverted points to the decision of any European Power whom the
United States' Government may like to seleet.
I am, &c.
(Signed) CLARENDON.
* No. 28.
K 2
.
64
..
.
..
..
: No. 31.
.
.
.
.
.
Sir,
1211
The Earl of Clarendon to Sir W. G. Ouseley.
Foreign Office, November 19, 1857.
THE reports which, since your departure from this country, I have received
from Lord Napier in respect to the language of the President of the United States
on the Central American questions, make it but too probable that the tenour of
the Presidential Message to Congress on the 4th of next month may induce
that body to set aside altogether the Conyention with this country of April 19,
1850.
Without entering now into the question how such a state of things would
be viewed or dealt with by Her Majesty's Government, one result is at least
evident, namely, that Her Majesty's Government would no longer have any
object, as far as the United States are concerned, in endeavouring to shape their
policy in regard to Central America, and more particularly in regard to the Bay
Islands, with reference to the views entertained by the Government of the United
States as to the true interpretation of the Treaty of 1850; and, consequently,
in their future dealings with those questions, Her Majesty's Government would
only have to look to what might be most advantageous to the country.
It therefore behoves Her Majesty's Government to proceed with great
caution, and to enter into no engagements, and to hold out no expectations to
the Republic of Honduras, which should involve the obligation of making over
to that Republic the Bay Islands, whether the Treaty with the United States of
1850 remained in force or was set aside by the Act of the American Congress.
You will, accordingly, be very careful not to commit Her Majesty's Government
to any course whatever in respect to the Bay Islands, till the inteutions of the
Congress of the United States in regard to the Treaty of 1850 are clearly
ascertained; and, from the known opinions of the President of the United
States and of the Senate, it is more than probable that all doubt on that
subject will shortly be removed.
And as regards the Republic of Honduras, that Government would have no
cause to complain if the circumstances to which I have alluded should induce
the British Government to depart from the course in regard to the Bay Islands
which they were last year prepared to adopt. The Government of Honduras
declined to ratify the Convention by which the sovereignty of the Bay Islands
would have been transferred to them; and when, upon the exchange of the rati-
fications of the General Treaty of Amity and Commerce, Mr. Herran expressed
a hope that time might be given to the Honduras Government for their decision,
I informed him that I would take no engagement whatever to that effect, and
that I considered that the Convention had been put an end to by the Act of the
Honduras Government in not ratifying it.
I am, &c.
(Signed) CLARENDON.
The Earl of Clarendon to Lord Napier.
My Lord,
Foreign Office, November 20, 1857.
I HAVE received your Lordship's despatches of the 22nd, 24th, and 27th
of October, reporting your recent communications with the Secretary of State
of the United States, but more particularly with the President respecting Central
America, and the construction placed by the United States on the Treaty of
1850, commonly called the Clayton-Bulwer Treaty.
I will not conceal from your Lordship, nor will you disguise from the
President and General Cass, that Her Majesty's Government have learned with
great concern and disappointment that the intimation which you conveyed to
the President of the course which Her Majesty's Government were about to
pursue for the practical settlement, by direct negotiation with the States of
Central America, of all questions which have been in discussion between Great
Britain and the United States should have been viewed with little apparent
cordiality by the Government of the United States; and that the Government of the
Ion
CY
65
United States, so far from desiring to facilitate the adjustnient of thoʻe questions
are inclined to require admissions on the part of this country, which, if made,
would render all negotiation superfluous. It cannot be expected that the British
Government, which entertains no doubt as to the true intent and meaning of the
Clayton-Bulwer Treaty, should abandon their opinion in order to adopt the
adverse interpretation put upon that Treaty by the Government of the United
States; but Her Majesty's Government are ready, and your Lordship has been
instructed, by my despatch of the 13th instant, to make a formal offer to the
Government of the United States to submit to the arbitration of a third Power
the question as to the true interpretation of the Clayton-Bulwer Treaty.
But if this course is not acceptable to the United States, it is surely
unreasonable to view with feelings of dissatisfaction the attempt making by Her
Majesty's Government to effect, by direct negotiation with the States of Central
America, a solution of the questions involved in the conflicting interpretations of
the Clayton-Bulwer Treaty, and to do so in conformity with the principles
which the late and present Government of the United States, together with the
Senate, have admitted to be generally acceptable.
For it must always be borne in mind that the difference which led to the
non-ratification of the Treaty which I signed with Mr. Dallas on the 17th of
October, 1856, turned upon one point alone, which point had its origin not in any
question between Great Britain and the United States, but in the hesitation of
the Government of Honduras to ratify the Convention concluded by its
Plenipotentiary in regard to the Bay Islands. If that Convention had been
ratified, Her Majesty's Government could have agreed to the alteration on that
point desired by the Senate of the United States, for they could not have
hesitated to admit in a Treaty with the United States the concession which they
would have already made to Honduras in a Treaty with that State, to the effect
that the Bay Islands should thenceforward form an integral portion of the
Republic of Honduras, and it was merely because Her Majesty's Government
could not assert in a Treaty with the United States the existence of a fact which
could have no existence till an arrangement had been made upon the
subject, that the Treaty which I signed with Mr. Dallas fell to the ground.
The Government of the United States have been informed by your Lord-
ship that Her Majesty's Government have resolved to make a fresh attempt
to settle by negotiation with the States of Central America the several questions
which, as far as the United States and the Republic of Honduras are concerned,
would have been settled if the Convention which I signed with the Plenipotentiary
of Honduras on the 27th August, 1856, and the Treaty which I signed with the
Plenipotentiary of the United States on the 17th October, 1856, had been
carried into effect; and, therefore, so far from anticipating that your Lordship's
communication would have met with such a reception from the President as it
appears to have done, Her Majesty's Government might reasonably have
expected that the course about to be pursued would have received the cordial
approbation of the President, and would have elicited from him the assurance
that nothing would be done or said by the Government of the United States
which should throw any impediment in the way of the British negotiator, or
might revive angry discussion on matters which there was just reason to suppose
were in a fair way of being amicably settled.
Sir William Ouseley, during his visit to Washington, will, in pursuance of
his instructions, have explained with the utmost frankness to the Government
of the United States the nature of the instructions with which he is furnished ;
and your Lordship, as the duly accredited organ of Her Majesty to the United
Statcs, will have given similar explanations. The President will thus have the
fullest assurance that Her Majesty's Government are still prepared to adhere to
the course which they adopted in the nezotiations of last year with the United
States and with the Republic of Honduras; that they are prepared to put an end
to the British Protectorate of Mosquito, and to make arrangements with the
Republic of Nicaragua for the future localization of the Mosquito Indians; to
transfer the Bay Islands to the Republic of Honduras ; and to define, in concert
with the conterminous States, the boundaries of the British Settlement of
Honduras, according to the limits laid down in the unratified Treaty of last
year.
What more can the United States desire? The President has alluded with
dissatisfaction to the extent of the securities which Her Majesty's Government
"
66
have required from the Republic of Honduras for the future welfare of the inha-
bitants of the Bay Islands. But is it not an ordinary precaution taken by every
nation when ceding to another territory previously in its possession, whether its
previous right to such territory has been contested or admitted, to make,
provision to a greater or less degree for the security and interest of the inha-
bitants of the ceded districts? What that provision may be, is a matter wholly
for the consideration of the ceding and receiving parties. A third party, though
it may claim to be interested in the fact of the cession, can have no reasonable
ground for restricting or extending the rights--the municipal rights to be
thenceforward enjoyed by the inhabitants of the ceded territory under its new
masters. And although Her Majesty's Government do not suppose that the
Government of the United States can seriously regard as directed against the
United States the stipulation between two independent States, equally opposed
to slavery, that slavery should not prerail in a territory which is transferred
between them, yet Her Majesty's Government have no hesitation in declaring
that, in admitting into the Treaty with Honduras the provision to which I have
alluded, they had no idea that such an interpretation could be affixed to the
clause. For assuredly Her Majesty's Government would have deemed it an
unnecessary precaution as against the United States to stipulate that there
should not be introduced into the Bay Islands an institution which could be
established therein by the United States only by an act of usurpation on their
part in seizing and occupying a territory which the Treaty of 1850, on which
the United States have ever laid such stress, would prevent them from seizing
and occupying.
Her Majesty's Government trust that, with due regard to these considera-
tions, and to the intention which he has so repeatedly expressed of cultivating
the most friendly relations with this country, the President of the United States
will not take any steps wbich would cause fresh exciternent upon the questions
arising out of the Clayton-Bulwer Treaty.
. The objections entertained in the United States to the construction placed
upon that Treaty by the British Government are, as every impartial person
must admit, in a fair way to be removed by the voluntary act of the latter; and
when those objections are removed the solid benefits accruing from the provisions
of that Treaty, not only to the two Contracting Parties, but to the world at
large, will remain in unimpaired vigour. Among those benefits not the least
will be, that sources of difference between the Governments of Great Britain and
the United States will be closed; and who can say what might be the effect on the
great scheme of interoceanic communication, in the freedom of which all nations
of the world are so deeply interested ?
But Her Majesty's Government not only hope that they may count on the
desire of the President to avoid creating any fresh difficulties in these matters by
his mode of dealing with them at Washington; but they also trust that his wish
to cultivate friendly relations with Great Britain may induce him to facilitate,
through his agents in Central America, the mission with which Sir William
Ouseley is charged.
Her Majesty's Government do not doubt that the Government of the
United States are equally well-disposed with themselves towards the Republics
of Central América ; and it is clear that nothing will tend so much to allay the
discordant passions by which those Republics are now agitated as the conviction
that the two great families of the Anglo-Saxon race are united in their intention
that peace shall be maintained between the States of Central America, in order
that the commerce of all nations may be directed in safety through the territories
of those Republics.
I am, &c.
(Signed) CLARENDON.
No. 33.
The Earl of Clarendon to Mr. Wyke.
Foreign Office, November 25, 1857.
I HAVE to state to you that Her Majesty's Government, being anxious to
arrange the various matters which remain unsettled in consequence of the Treaty
Sir,
67
signed in October 1856 between Mr. Dallas and myself not having been ratified,
and of the rejection by Honduras of the Convention respecting the Bay Islands
which I signed with Mr. Herran on the 27th of August, 1856, Her Majesty has
been graciously pleased with that object to appoint Sir William Gore Ouseley as
Her Majesty's Minister Plenipotentiary and Envoy Extraordinary to the States
of Central America, and that gentleman left this country on the 31st ultimo on
the special mission which has been confided to him.
Sir William Ouseley has been instructed to proceed, in the first instance, to
Washington, for the purpose of placing himself in communication with the
Government of the United States, and frankly conferring with them on the
objects of his mission. From Washington Sir William Ouseley will proceed to
Central America, and Her Majesty's Government feel that, on his arrival at
Guatemala, they may rely with confidence on his receiving from you all the
information and assistance which you are so well qualified to afford him in
furtherance of the objects of his mission.
::: I am, &c.
(Signed) 'CLARENDON.
No. 34.
Lord Napier to the Earl of Clarendon.—(Received November 30.)
(Extract.)
Washington, November 16, 1857.
ON the 10th instant General Walker was arrested at New Orleans on a
charge of violating the neutrality laws of the United States. He was held to
bail in 2,000 dollars (about 4001.), to appear on the 11th for examination, and
he went to sea on the following morning.
He embarked, with 300 unarmed followers, in the passage-boat from New
Orleans to Mobile, which runs by the interior channel through Lake Pontchar-
train, and behind the islands. In Mobile Bay the party were met by a small
steamer named the “ Hicks," and were by it transferred to the “ Fashion,” a
river vessel of greater capacity, with about 50 recruits, who joined them from
the city of Mobile.
The destination of the “ Fashion " is unknown. By some she is supposed
to have taken her course directly for Central America, while others report that
she will stop for reinforcements on the coast of Texas.
The United States' Government have given telegraphic orders to the Federal
authorities of New Orleans to hire a steamer, to place an “armed posse” on
board of her, and direct them to pursue and arrest the expedition. They have
also been empowered to employ the steam revenue-cutter (if there be such a
vessel) on the station for the same purpose.
I have asked General Cass whether any armed steam-vessel of the national
navy has been ordered to proceed on this duty, and I have been told, in reply,
that there is no such vessel at the disposal of the Administration.
I believe that the President and General Cass sincerely deprecate and regret
the present attempt to invade the peace of Central America.
No. 35.
Sir W. G. Ouseley to the Earl of Clarendon.-(Received December 7.)
(Extract.)
Washington, November 23, 1857.
I WAS officially introduced by Lord Napier to General Cass at the Depart-
ment of State on the 20th instant, and on the 21st had the honour of being
presented to the President. .
His Excellency received Lord Napier and myself with much cordiality. It
was suggested by Lord Napier that the objects and scope of the mission with
which your Lordship has been pleased to charge me, should be stated in a
memorandum to be communicated through General Cass. The President readily
acquiesced in this arrangement.
68
No. 36.
• Lord Napier to the Earl of Clarendon.—(Received December 7.)
My Lord,
Washington, November 23, 1857.
IN conformity with the tenour of your Lordship's instruction of
the 28th ultimo, I waited on the Secretary of State on Monday last the
16th instant, and apprized him of the arrival of Sir William Ouseley at New
York, and of his intention to proceed shortly to Washington.
I stated in general terms that Sir William Ouseley had been appointed
Special Minister to the States of Central America with a view to the adjustment,
by separate negotiations with those Republics, of the questions respecting which
Great Britain and the United States were still at variance, in consequence of
the failure of our recent efforts for the conclusion of a Treaty satisfactory to
both parties. I informed General Cass that it would be my duty to present
Sir William Ouseley to him, and that the nature of the instructions with which
Her Majesty's Envoy is charged, would subsequently be imparted to him with
greater distinctness and forinality.
Sir William Ouseley reached this city on the 18th instant, on the 20th I
introduced him to the Secretary of State, and on the following day I had the
honour of accompanying him along with General Cass to the President.
At these interviews no discussion took place of Central American affairs ;
but I stated to the President that I would in a few days make a written
communication to the United States' Government respecting the Mission
antrusted to Sir William Ouseley.
The President and General Cass both expressed their desire that this form
should be adopted, and it is decided that after the receipt of your Lordship's
despatches by the nail due on the 28th instant, a Memorandum embodying the
intentions of Her Majesty's Government shall be drawn up by Sir Williain
Ouseley, and presented by me in an official letter to the Secretary of State.
I have, &c.
(Signed) NAPIER.
No. 37.
Lord Napier to the Earl of Clarendon.---(Received December 7.)
(Extract.)
Washington, November 24, 1857.
THE Secretary of State had the goodness, on the 20th instant, to place in
my hands the Treaty recently concluded between the United States and
Nicaragua, for the protection of the transit route by the River San Juan. I
read over this document, in company with Sir William Ouseley, at the Depart-
ment of State, and I offered to the Assistant Secretary some reflections on
its stipulations, which I had this morning occasion to recapitulate to General
Cass.
I informed the Secretary of State that I intended, in conformity with his
assurances, to state to your Lordship:
Ist. That the new Treaty was, in the opinion of the United States' Govern-
ment, in perfect harmony with the stipulations of the Clayton-Bulwer Treaty.
2ndly. That the United States' Government had no objection to the
negotiation of Treaties containing the same stipulations between Nicaragua and
other countries.
The Secretary of State replied that the phraseology of the present
Convention had been carefully compared by himself and by the President with
the terms of the Treaty of 1850, and that he believed the two to be compatible;
and he distinctly avowed that the Government of the United States was
“ perfectly willing” that Great Britain or any other Power should conclude a
Treaty with Nicaragua similar to that which had now been contracted by the
United States.
I expressed my satisfaction with these declarations and acquainted General
Cass that, in communicating them to your Lordship, I would do full justice
to his statement and to the views which he advocated.
I observed to General Cass that lies Article of the Treaty whi rided
L
NYT
69
for the passage of the United States' troops was unlimited.* It did not provide
that those troops should be destined exclusively for the vessels or territories of
the United States. According to this Article, then, the United States might
send its forces across the territory of Nicaragua against; a State with which
Nicaragua was at peace, If, for instance, the United States were at war with
Chile, they might forward their troops and munitions against that country
by the Nicaraguan transit, causing thus an infraction of that very neutrality
which the Treaty was designed to establish.
General Cass did not attach any practical importance to this speculative
objection. He remarked that there was no prospect of a war with any State on
the Pacific, and if there were, that the constitution and establishments of the
United States rendered it highly improbable that any troops would be employed
at so great a distance.
In discussing the Article of the new Treaty authorizing the Government
of the United States to send forces at their discretion for the protection of the
transit,t I observed that the Government of Nicaragua should have reserved to
itself the right of initiative, the faculty of declaring the necessity and of inviting
the co-operation of the Federal Power. In the Treaty with Honduras, Great
Britain engaged to use its forces for the protection of the projected railway, “but
in conjunction with the forces of Honduras,” thereby implying the principle of
consent and concert. The Secretary of State contended, on the other hand, that
that if the initiative were left to Nicaragua, the whole object of the Treaty might
be defeated; for she would not improbably neglect her obligations, allow the
transit to be interrupted, and never apply for assistance.
It remains with Her Majesty's Government to decide how far the stipula-
tions of the new Treaty between the United States and Nicaragua are recon-
cileable with the terms of that of 1850, or warranted by the example of that
which has been negotiated by Great Britain for the protection of the Honduras
Railway. My own impression is, that, under all the circumstances of the case,
the present Convention, even if ratified without alteration by Nicaragua, does
not involve necessarily the concession of such a protectorate or authority of the
United States in Central America as is contemplated and prohibited by the
engagement of 1850, and it remains open to Her Majesty's Government to
sanction the negotiation of a similar Convention on their part, if the Govern.
ment of Nicaragua should not be overthrown by the invasion of the freebooters
from the United States.
No. 38.
The Earl of Clarendon to Lord Napier,
My Lord,
Foreign Office, December 11, 1857.
I HAVE to state to your Lordship that Her Majesty's Government approve
of your proceedings as reported in your despatch of the 23rd ultimo, with regard
Extract from Article XV of Treaty between the United States and the Repnblic of
Nicaragua :-
« The United States shall also be at liberty to carry troops and munitions of war, in their own
vessels or otherwise, to either of the said free ports, and shall be entitled to their conveyance between
them, without obstruction by the authorities of Nicaragua, and without any charges or tolls whatever
for their transportation on either of said routes of communication."
+ « Article XVI. - The Republic of Nicaragua agrees that, should it become necessary at any
time to employ military forces for the security and protection of persons and properly passing over
any of the routes aforesaid, it will employ the requisite force for that purpose; but upon failure to do
this for any cause whatever, the Government of the United States may, after notice to the Govern-
ment of Nicaragua, or to the Minister thereof in the United States, einploy such force, for this and
for no other purpose; and when the necessity ceases, such force shall be immediatı:ly withdrawn.
“ Article XVII.--It is inderstood, however, that the United States, in according protection to
such routes of communication, and guaranteeing their neutrality and security, always intend that the
protection and guarantee are granted conditionally, and may be withdrawn if the United States
should deem that the persons or company undertaking or managing the sanie, adopt or establish such
regulations concerning the traffic thereupon as are contrary to the spirit and intention of this Treaty,
either by making unfair discriminations in favour of the commerce of any other nation or nations, or
by imposing oppressive exactions or unreasonable tolls upon mails, passengers, vessels, goods, waris,
merchandise, or other articles. The aforesaid protection and guarantee shall not, however, be with-
drawn by the United States without first giving six months' notice to the Republic of Nicaragua."
70
to communicating to the United States' Government the objects of Sir William
Gore Ouseley's mission to Central America
I am, &c.
(Signed) CLARENDON.
-
No. 39.
The Earl of Clarendon to Lord Napier.
(Extract.)
Foreign Office, December 11, 1857.
HER Majesty's Government liave had under their consideration your
Lordship's despatch of the 24th of November, respecting the Treaty recently
concluded between the United States and Nicaragua ; and I have to state to your
Lordship that Her Majesty's Government entirely approve the language which
you held to General Cass, as reported in that despatch.
With reference to the Article relating to the protection of interoceanic
communication, I have to state to your Lordship that, as the matter now stands,
Her Majesty's Government do not think it necessary to make any communi-
cation or remonstrance to the Government of the United States on thət subject;
but your Lordship will not fail to report to me any proceedings which at any
future time may be adopted by the Government of the United States in pursuance
of the provisions of the Article in question, in order that Her Majesty's Govern-
ment may decide on the degree of importance to be attached to any such
proceedings.
No. 40.
Lord Napier to the Earl of Clarendon.—(Received December 15.)
(Extract.)
Washington, November 30, 185
letter which I have this day addressed to General Cass, embodying a frank
exposition of the motives which have prompted the Mission of Sir William Gore
Ouseley to Central America, and an outline of the powers with which he is
furnished for the settlement of the several points in that quarter, with reference
to which Her Majesty's Government is still at variance with the Government of
the United States.
Inclosure in No. 40.
Lord Napier to General Cass.
Sir,
Washington, November 30, 1857.
IT is not necessary to revert at length to the several overtures which have
been made by the Government of Great Britain and that of the United States
for the adjustment of those embarrassments which have resulted from the con-
flicting constructions placed by either party on the Treaty of 1850 for the
regulation of Central American affairs.
The Supplementary Convention, negotiated between the Earl of Clarendon
and Mr. Dallas in the month of October 1856, contained stipulations, or involved
admissions, whicli rendered it unacceptable in its original form to the Senate of
the United States; the altered version, which received the ratification of this
President, failed in a single point to satisis Her Majesty's Government; and the
same instrument, with an additional provision, deemed indispensable by the
Cabinet of Great Britain, was, on account of that very modification, declined by
the American Government.
The method of direct negotiation having been attempted in vain, and the
necessity of an early solution to these difficulties being, with a view to the
transit, more than ever apparent, Her Majesty Government have directed their
: attention to some other expedient by which the impediments to a harmonious
understanding may be removed, and the Treaty rendered acceptable to both
countries, as well as operative for the disinterested and useful purposes which it
had been designed to serve.
Aſter due consideration of the several alternatives of action which were
open to their choice, Her Majesty's Government have résolved to accredit to the
several States of Central America, a Special Commissioner charged with the duty
4
.
:
of negotiating arrangements conformable in general character to those contem-
plated by the Treaty signed by the Secretary of State for Foreign Affairs and
the United States' Minister in 1856, but subject to certain modifications which
may be consistent with the just claims of the Central American Republics, with
the general welfare of trade, with the vested interests of British subjects, and
which will be at the same time agrecable to the wishes of the United States.
The specific objects of the mission entrusted to Sir William Ouselėy, who
has been selected by Her Majesty for this duty, will be the cession of the Bay
Islands to the Republic of Honduras, the localization of the Mosquito Indians
under the sovereignty of Nicaragua, and the definition of the boundaries of
British Honduras. Her Majesty's Envoy is also instructed to devote his best
efforts to promote friendly relations between the Governments of Central
America, which have every motive for concord, and even for confederation, but
which have hitherto wasted their energies, and sacrificed their property, in
jealousies and strife.
1. The transfer of the Bay Islands to the Government of Honduras was
recognized by the Treaty of 1856, mentioned above, and the conditions of this
cession were consigned in a Treaty between Great Britain and Honduras, which
has been communicated to the Government of the United States, but which has
not been ratified by the Contracting Parties. By that Treaty Her Majesty's
Government intended to convey the islands in full sovereignty to the Republic
of Honduras, but to provide for them such a measure of municipal independence
and self-government as might secure Her Majesty's subjects in the enjoyment
and improvement of their possessions, and develop the resources of the islands,
wliich may be destined to attain hereafter some commercial importance as an
entrepôt in connection with the projected interoceanic railway. In looking to
these reasonable and salutary ends it is, however, probable that the intervention
of the Honduras Government in the administration of the islands may have been
more limited than was necessary or even advisable. Her Majesty's Government,
in relinquishing the Bay Islands, are far from desiriug that they should remain
defenceless or become independent. Sir William Ouscley is not bound down to
the terms of the original Treaty; he is at liberty to contract engagements
with Honduras which shall embody not only an unmistakeable recognition of its
sovereignty over the islands, but shall allow of the more direct government and
more efficient protection of the latter by that Republic. The transfer of the
islands will not be unconditional; but it will be unambiguous. The Government
of Honduras will obtain not only a titular, but a virtual and useful possession
under provisions requisite for the security of those who have settled them, with
the assurance of protection from the British Crown, and favourable to the
expansion of that Traffic which the transit route is expected to create.
2, In framing stipulations for the compensation, the government, and the
preservation of the Mosquito Indians under the sovereignty of Nicarazua, Sir
William Ouşeley will be guided by the provisions of the Treaty of 1856, which,
althouglı it did not acquire the validity of an international engagement, may on
this point be held to express the policy and opinions of the Contracting Partics.
The limits of the territorial reserve may be subject to modification ; but the
boundaries proposed to Nicaragua and Honduras will certainly not be less
favourable than those indicated by the Treaty alluded to; they will in 10 degree
trespass on the territory applicable to transit purposes, and in the settlenient of
details Her Majesty's Envoy will grant an indulgent consideration to the wishes
and necessities of the Central American Governments when they are compatible
with the safety and the welfare of those native tribes which have previously
enjoyed the protection of the British Crown.
3. The regulation of the frontier of British Honduras will be effected by
negotiation with the Government of Guatemala. Her Majesty's Government
trusts to obtain from this Republic a recognition of limits which, if we may
judge from previous communication on this subject, may be accepted in a spirit
of conciliation, if not with absolute approval by the President.
Such is, in outline, the basis of the negotiation committed to Sir Williain
Ouseley, as far as regards the construction and execution of the provisions of
the Clayton-Bulwer Treaty. The interpretation of that instrument thus practi-
cally sanctioned by Her Majesty's Government may not strictly coincide with
that which is adopted, no doubt in perfect sincerity, by the United States; but
the present resolution of Her Majesty's Government involves no slight relaxa-
1
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72
.
2
tions of the sense in which, in equal good faith, the engagements of 1850 were
contracted by Great Britain. It is hoped that the concessions of Her Majesty's
Government will be met in a similar temper by the Government of the United
States, that the mission of Sir William Ouseley will be regarded with benevo-
lence, and that, if successfully accomplished, its results will be embraced as
an honourable compromise of contending opinions, and as a definitive settlement
of those disputed points which have so long attracted the anxious attention of
our respective Governments.
That portion of Sir William Ouseley's instructions which has reference to
the exercise of a friendly mediation between the Central American Governments
is necessarily of a general character. There are questions of disputed boundary,
rights of transit, and rights of navigation, in which the good offices of Her
Majesty's Envoy may, if freely sought, be usefully practised; there are senti-
ments of reconciliation to be infused, which may ripen in time to a more formal
union, fraught with benefits to a people who, in their separate States, lave a
community of race, language, religion, and institutions. Much will, of course,
depend upon the posture of affairs when Sir William Ouseley reaches his
official destination. His proceedings will certainly manifest that Great Britain
has no views of territorial acquisition or of exclusive privilege, that her
solicitude is entirely pointed to the neutrality, protection, and enfranchisenient
of the transit routes for the equal benefit of every nation, accompanied, if
possible, by some safeguard and compensation for the feeble Governments to
whom these important avenues of traffic have fallen with a burden of responsi-
bility, expenditure, and defence, which they are little able to bear. If, in the
promotion of such objects as I have named, Her Majesty's Commissioner should
have the benefit of the presence and assistance of a United States' Agent of
corresponding disposition and powers, there is every reason to believe that the
liberal, unselfish policy to which both Governments are alike pledged in Central
America would be materially advanced.
I have thus imparted to you a frank exposition of the motives which have
prompted Her Majesty's Government in dispatching Sir William Ouseley to the
Republic of Central America, and of the principles which will shape his conduct
in his correspondence with those States.
In conclusion, I can only express my hope that the new enterprise of
Walker and his confederates, which threatens a disturbance of the tranquillity so
lately established, may not retard or frustrate the purposes of this mission; and
that the pending negotiations of the United States for the security of inter-
oceanic transit may, in the opinion of Her Majesty's Government, be reconcileable
with those which their Representative is charged to undertake.
I have, &c.
(Signed) NAPIER.
No. 41.
Lord Napier to the Earl of Clarendon.—(Received December 21.)
(Extract.)
Washington, December 7, 1857.
I HAD the honour of receiving your Lordship's despatch of the 20th of
November last, on the morning of the 5th instant, in reply to the reports in
which I conveyed to your Lordship the substance of my conferences with the
President and the Secretary of State relative to the mission of Sir William
Ouseley.
I had already made an official communication to the Secretary of State on this
subject, based upon the instructions addressed to Her Majesty's Commissioner,
CU
ultimo, and which I trust may be found essentially consistent with the policy
and intentions of Her Majesty's Government. It appeared to me important,
however, that the President should, before the meeting of Congress, have
before him a full and frank expression of your Lordship's sentiments, in your
own language, in order that it might not hereafter be alleged, in any quarter,
that his Excellency had proceeded on an ambiguous or imperfect knowledge of
your views. I therefore thought it right to place a copy of your Lordship’s
instructions in the hands of General Cass on the afternoon of the 5th, acconi-
panied by the letter of which a copy is inclosed herewith.
LI
Inclosure in No. 41.
C
!
n
Lord Napier to General Cass.
(Extract.)
Washington, December 5, 1857.
I HAD the honour, in a letter under date of the 30th ultimo, to impart to
you the objects of the Mission entrusted to Sir William Ouseley, and to convey
to you the hope of Her Majesty's Government that the arrangements contem-
plated through this channel with the States of Central America might reconcile
the conflicting constructions placed on the Treaty of 1850 by the Contracting
Parties, and make that Convention operative for the purposes for which it was
designed. The explanations which I addressed to you were framed on a general
view of the instructions of Her Majesty's Commissioner, in anticipation of an
official reply to my despatches submitting to Her Majesty's Government the
views of the President in reference to the Mission of Sir William Ouseley.
I have now the honour to inclose herewith, for your more perfect informa-
tion, a copy of a despatch from the Earl of Clarendon, in which the sentiments
of Her Majesty's Government on this subject are frankly expressed, and which
reached me by the mail of this morning. Although not instructed to commu-
nicate this document to you textually, I think it due to the President and the
Government of the United States that they should be in possession of its
contents without anıbiguity or reservation, and I can only express my regret
that it has not been possible to forward it at an earlier (late.
You will remark that Her Majesty's Government have experienced
considerable disappointment in learning that their present design did not
meet with a more cordial reception and a warmer support from the Govern-
ment of the United States, and that they have received with concern the
contingency of some movement which might forestall and frustrate the con-
ciliatory policy committed to Her Majesty's Envoy to Central America. I am
not without some apprehensions that these unfavourable anticipations may have
been, in the meantime, strengthened by the departure of Walker, which casts a
new element of doubt and disturbance into these embarrassing discussions, and
that the pending negotiations between the United States and Nicaragua, which
I am very far from desiring to prejudge, may afford some cause for hesitation.
The Government of the United States will, however, not fail to recognize that
Her Majesty's Government desire to persevere in the course which they have
entered upon in accrediting Sir William Ouseley to the Republics of Central
America; and I beg that you will continue to regard the letter which I forwarded
to you on the 30th ultimo as an accurate and official exposition of the principles
on which bis Mission is based. I trust, also, that the reply which I may receive
from you may justify Her Majesty's Government in expecting a greater share of
satisfaction, and even of assistance, on the part of the Government of the United
States, with reference to Sir W. Ouseley's Mission, than has hitherto been
manifested.
TI
SURGERSDORES ACCOKIAWODOCOSAKONDA
No. 42.
Lord Napier to the Earl of Clarendon.---(Received December 21.)
My Lord,
Washington, December 7, 1857.
IN conformity with the tenour of your Lordship's instruction of the 13th
ultimo, I have, in the accompanying note, conveyed to the Secretary of State an
offer on the part of Her Majesty's Government to refer the controverted points
in the Treaty of 1850 to the arbitration of any European Power whom the
Government of the United States may prefer to select. I have also placed
your Lordship's despatch, above-mentioned, in the hands of General Cass, for his
perusal, as well as a copy of my report of the 27th of October, in which I
communicated to your Lordship the subject of a conversation which I had held
with him on this subject.
I have, &c.
NAPIEᏒ.
RETRO
94
Inclosure in No. 42.
Lord Napier to General Cass.
Washington, November 30, 1857.
THE Undersigned, Her Britannic Majesty's Envoy, &c., had the honour
in a letter of this day's date to impart to the Secretary of State of the United
States an outline of the instructions under which Sir W. Gore Ouseley has been
dispatched by Her Majesty's Government to the Republic of Central America,
charged with the duty of negotiating a settiement of the various points respecting
which the Government of Great Britain and the United States are at variance in
that quarter.
This course has been adopted by Her Majesty's Government with the view
of carrying the Treaty of 1850 into execution in a manner consistent with the
freedom and neutrality of the transit routes, compatible with the interests of
those who have hitherto enjoyed the protection of the British Crown, and, at
the same time, acceptable to the United States.
It is hoped that, by this measure, the conflicting constructions of the Treaty:
of 1850 may practically be reconciled, and that that instrument may be rendered
efficient for the important purposes which it was designed to serve.
The Government of the United States are, however, aware that Her Majesty's
Government have long been willing to refer the controverted points in the Treaty
of 1850 to the arbitration of a disinterested third party.
This proposal has not been pressed upon the Government of the United
States, because it has been supposed that another mode of arrangement might
be made agreeable to them. Her Majesty's Government are of opinion that if
there ever was a case in which the salutary principle of arbitration might be
advantageously employed, it is the one in question, and that the time has now
arrived when this manifestation of their conciliatory and disinterested intentions
should be repeated in a more formal and emphatic manner. The Undersigned
is accordingly instructed to convey to the Secretary of State an offer to refer the
interpretation of the disputed clauses of the Treaty of 1850, without any reser-
vation, to the decision of any European Power whom the Government of the
United States may prefer to select.
The Undersigned, &c.
(Signed) NAPIER.
1
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No. 43.
The Earl of Clarendon to Lord Napier.
My Lord,
Foreign Office, December 24, 1857.
I HAVE to state to your Lordship that, under the circumstances mentioned
in vour despatch of the 7th instant,* Her Majesty's Government approve of your
having placed in General Cass's hands my despatch of the 20th ultimo, explaining
the views and intentions of Her Majesty's Government in regard to Central
America.
I am, &c.
(Signed) CLARENDON.
No. 44.
The Earl of Clarendon to Lord Napier.
My Lord,
Foreign Office, December 24, 1857. .
I HAVE to state to your Lordship that Her Majesty's Government
approve of the note which you addressed to General Cass, and of which' a copy is
inclosed in your despatch of the 3rd instant, relative to the objects of Sir W.
Gore Ouseley's mission to Central America.
I am, &c.
(Signed) CLARENDON.
* No. 41.
75
No. 15.
Lord Napier to the Earl of Clarendon.-(Received December 29.)
TY
Y TU
(Extract.)
Washington, December 13, 1857.
IN submitting to your Lordship the accompanying extract from the
Message of the President to Congress, enibodying his views on the relations of
Great Britain and the United States with regard to Central America, it is not
my purpose to remark either upon the construction of the Treaty of 1850,
adopted at Washington, or upon the provisions of the Convention of last year,
signed between your Lordship and Mr. Dallas, for the adjustment of the contro-
verted points in the former instrument.
. The interpretation of the Treaty of 1850, asserted by Great Britain, has
been vindicated at an earlier stage of these transactions, and though convinced
of its justice, Her Majesty's Government have proved their conciliatory disposi-
tion, by offering to refer the questions at issue to the free arbitration of a
disinterested party, a circumstance to which the President has not alluded.
. The engagements of last year were, on the side of America, negotiated by a
Minister whose ability is unquestioned, and whose political opinions are identical
with those of the present Cabinet of the United States; they satisfied the
expectations of Mr. Marcy, whose vigilant and jealous patriotism is a common
theme of commendation in his country; but they failed to obtain the unqualified
concurrence of the Senate, and were reluctantly ratified in an altered form by k
the President, who now animadverts upon them with considerable severity. The
Treaty of 1856 is definitively laid aside.
The expedient of arbitration, a second time suggested by Her Majesty's
Government, will not be embraced, and the two countries have fallen back upon
the basis of the Treaty of 1850, the serise of which is so tenaciously disputed by
the American Cabinet.
After discussions so entangled and prolonged, the action of England and the
United States on this subject has ceased to be beneficial to Central America, and
this local dissatisfaction even tends to impair that cordiality, in other respects,
which it is so important to maintain ; it is, therefore, more than ever desirable
to discover some means by which these embarrassments may be terminated in a
manner conformable to the honour of both parties, and subservient to the great
political and commercial interests which are at stake.
The President, in his Message, contemplates the following alternative: to
abrogate the Clayton-Bulwer Treaty by mutual consent, and begin anew; or to
make a reasonable adjustment of the Central American questions, not practically
inconsistent with the United States' interpretation of the Treaty.
The former method would be more agreeable to the United States' Govern-
ment; the latter better responds to the views of Her Majesty's Government, in
dispatching a Special Minister to the Central American Republics.
It remains with Her Majesty's Government to deterinine whether they can
act upon either alternative, whether they can accede to the abrogation of the
Clayton-Bulwer Treaty by mutual consent, or whether they will preserve that
Treaty by the concessions “practically” consistent with the American interpre-
tation.
• Should Her Majesty's Government decide upon either course, I venture to
suggest that their resolution should be at once intimated to the Government of
the United States, and that it should be carried into effect immediately, in one
case though Her Majesty's Legation at Washington, and in the other by the
instrumentality of Sir William Ouseley, who should make the cession of the
Islands to Honduras his first object.
7
.
Inclosure in No. 45.
Extract from the Message from the President of the United States to the two
Houses of Congress, at the Commencement of the First Session of the Thirty-
fifth Congress.
111111
· THE diplomatic difficulties which existed between the Goverrunent of the
United States and that of Great Britain at the adjournment of the last Congress
76
have been happily terminated by the appointment of a British Minister to this
country, who has been cordially received.
Whilst it is greatly to the interest, as I am convinced it is the sincere
desire, of the Governments and people of the two countries to be on terms of
intimate friendship with each other, it has been our misfortune alınost always to
have had some irritating, if not dangerous, outstanding question with Great
Britain.
Since the origin of the Government we have been employed in negotiating
Treaties with that Power, and afterwards in discussing their true intent and
meaning. In this respect the Convention of April 19, 1850, commonly called
the Clayton and Bulwer Treaty, has been the most unfortunate of all; because
the two Governments place directly opposite and contradictory constructions
upon its first and most important Article. Whilst, in the United States, we
believed that this Treaty would place both Powers upon an exact equality by
the stipulation that neither will ever “ occupy, or fortify, or colonize, or assume
or exercise any dominion" over, any part of Central America, it is contended by
the British Government that the true construction of this language has left them
in the rightful possession of all that portion of Central America which was in
their occupancy at the date of the Treaty; in fact, that the Treaty is a virtual
recognition on the part of the United States of the right of Great Britain, either
as owner or protector, to the whole extensive coast of Central America, sweeping
round from the Rio Hondo to the port and harbour 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 construc-
tion, the Treaty does no more than simply prohibit them from extending their
possessions in Central America beyond the present limits. It is not too much
to assert, that if in the United States the Treaty had been considered susceptible
of such a construction, it never would have been negotiated under the authority
of the President, nor woull it have received the approbation of the Senate. The
universal conviction in the United States was, that when our Government con-
sented to violate its traditional and time-honoured policy, and to stipulate with a
foreign Government never to occupy or acquire territory in the Central American
portion of our continent, the consideration for this sacrifice was that Great
Britain should, in this respect at least, be placed in the same position with
ourselves.
Whilst we have no right to doubt the sincerity of the British Government
in their construction of the Treaty, it is at the same time my deliberate convic-
tion that this construction is in opposition both to its letter and its spirit.
Under the late Administration negotiations were instituted between the two
Governments for the purpose, if possible, of removing these difficulties; and a
Treaty having this laudable object in view was signed at London on the 17th
October, 1856, and was submitted by the President to the Senate on the follow-
ing 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 Governments, inay perhaps be well questioned.
Certain it is, however, it was rendered much less objectionable by the different
amendments made to it by the Senate.
The Treaty, as amended, was ratified by me on the 12th March, 1857, and
was transmitted to London for ratification by the British Government. That
Government expressed its willingness 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 reciting that these islands and their inhabitants
“having been by a Convention bearing date the 27th day of August, 1856,
between Her Britannic Majesty and the Republic of Honduras, constituted
and declared a free territory under the Sovereignty of the said Republic of
Honduras," stipulated that “the two Contracting Parties do hereby mutually
engage to recognize and respect in all future time the independence and rights
of the said free territory as a part of the Republic of Honduras."
Upon an examination of this Convention between Great Britain and Hon.
duras of the 27th August, 1856, it was found that, whilst declaring the Bay
Islands to be "a free territory under the sovereignty of the Republic of Honduras,"
it deprived that Republic of rights without which its sovereignty over them could
scarcely be said to exist. It divided them from the remainder of Honduras, and
gave to their inhabitants a separate Government of their own, with legislative,
executive, and judicial officers, elected by themselves. It deprived the Govern-
ment of Honduras of the taxing power in every form, and exempted the people
of the islands from the performance of a military duty, except for their own
exclusive defence. It also prohibited that Republic from erecting fortifications
upon them for their protection thus leaving them open to invasion from any
quarter; and, finally, it provided “that slavery shall not any time hereafter be
permitted to exist therein."
Had Honduras ratified this Convention, she would have ratified the esta-
blishment of a State substantially independent within her own limits, and a State
at all times subject to British influence and control. Moreover, had the United
States ratified the Treaty with Great Britain in its original form, we should have
been bound “ to recognize and respect in all future time” these stipulations to
the prejudice of Honduras. Being in direct opposition to the spirit and meaning
of the Clayton and Bulwer Treaty, as understood in the United States, the Senate
rejected the entire clause, and substituted in its stead a simple recognition of the
sovereign right of Honduras to these islands in the following language :
“The two Contracting Parties do hereby mutually engage to recognize and
respect the Islands of Roatan, Bonaco, Utila, Barbaretta, Helena, and Morat,
situate in the Bay of Honduras, and off the coast of the Republic of Honduras,
as under the sovereignty and as part of the said Republic of Honduras."
Great Britain rejected this amendment, assigning as the only reason, that
the ratifications of the Convention of the 27th August, 1856, between her and
Honduras, had not been “exchanged, owing to the hesitation of that Govern-
ment.” Had this been done, it is stated that Her Majesty's Government would
have had little difficulty in agreeing to the modifieation proposed by the Senate,
which then would have had in effect the same signification as the original word-
ing." Whether this would have been the effect; whether the mere circumstance
of the exchange of ratifications of the British Convention with Honduras prior,
in point of time, to the ratification of our Treaty with Great Britain would, “in
effect,” have had “the same signification as the original wording," and thus have
nullified the amendment of the Senate, may well be doubted. It is, perhaps,
fortunate that the question has never arisen.
The British Government, immediately after rejecting the Treaty as amended,
proposed to enter into a new Treaty with the United States similar in all respects to
the Treaty which they had just 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 conditional stipulation :-
" Whenever and so soon as the Republic of Honduras shall have eoncluded
and ratified a 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. After the Senate had refused to
recognize the British Convention with Honduras of the 27th of August, 1856,
with full knowledge of its contents, it was impossible for me, necessarily ignorant
of the “ provisions and conditions” which might be contained in a future
Convention between the same parties, to sanction them in advance.
The fact is, that when two nations like Great Britain and the United States,
mutually desirous, as they are, and I trust ever may be, of maintaining the most
friendly relations with each other, have unfortunately concluded a Treaty which
they understand in senses directly opposite, the wisest course is to abrogate such i
a Treaty by mutual consent, and to commence anew. Had this been done promptly,
all difficulties in Central America would most probably ere this have been
adjusted to the satisfaction of both parties. The time spent in discussing the
meaning of the Clayton and Bulwer Treaty would have been devoted to this
praiseworthy purpose, and the task would have been the more easily accom-
plished because the interest of the two countries in Central America is
identical, being confined to securing safe transits over all the routes across the
Isthinus.
Whilst entertaining these sentiments, I shall nevertheless not refuse to
contribute to any reasonable adjustment of the Central American questions
which is not practically inconsistent with the Anierican interpretation of the
Treaty. Overtures for this purpose have been recently inade by the British
C
I shall Central Serpretatio
M
78
Government in a friendly spirit, which I cordially reciprocate; but whether this
renewed effort will result in success I am not ret prepared to express an opinion.
A brief period will determine.
No. 46.
The Earl of Clarendon to Lord Napier.
(Extract.)
.
Foreign Office, January 22, 1858.
dignity or our interest to make any proposal to the United States' Government
until we have received a formal answer to our formal offer of arbitration.
In the event of the offer being refused, it will be a great and hardly justifiable
proof of the spirit of conciliation by which we are animated, if we then show
ourselves disposed to abrogate the Clayton-Bulwer Treaty; but we must not be
in too great haste.
DO
No. 47.
Lord Napier to the Earl of Clarendon.—(Received January 26.)
My Lord,
Washington, January 11, 1858.
THE course which the President of the United States has recently embraced
with reference to the repression of piratical attempts against Nicaragua, and the
views adopted by Her Majesty's Government in relation to the Treaty recently
negotiated between the Federal Government and that Republic, appear to open
a more favourable prospect of a settlement in Central America than was
anticipated.
Under this improved aspect of affairs, I have thought it advisable to state
to General Cass that Her Majesty's Government are not disposed to recognize
in the stipulations of the Convention signed with Señor Yrissari for the protection
of the transit route, any violation of the provisions of the Clayton-Bulwer Treaty,
although the terms of that Convention were, in your Lordship's opinion, suscep-
tible, in some respects, of emendation. I also remerked, that in the defeat or
Mr. Walker's enterprise, and in the language held by the President on the subject
of these unlawful projects, I recognized great facilities for the arrangement of
our controverted questions in Central America, and that I believed your Lordship
would now be able to make a more definite communication of the powers
entrusted to Sir William Ouseley, and of the objects of his mission, than had
hitherto been the case.
The Secretary of State appeared to derive satisfaction from my assurances;
he stated that he had purposely refrained from making any official reply to my
last letters on this subject, and that he would endeavour to avert all public
discussion of the Clayton-Bulwer Treaty in Congress, by withholding the corre-
spondence until Her Majesty's Government had time to mature and transmit
their resolutions.
I thanked General Cass for this manifestation of a conciliatory disposition ;
and informed him that, on my part, I should submit to Her Majesty's Govern-
ment the expediency of availing themselves of the present favourable conjuncture,
and making their intentions known to the American Cabinet with the least
possible delay.
I have, &c.
(Signed) NAPIER.
No. 48.
The Earl of Clarendon to Lord Napier.
My Lord,
Foreign Office, January 29, 1858.
IN your despatch of the 11th instant, your Lordship represents yourself
as having stated to General Cass that “in the defeat of Mr. Walker's enter-
79
prise, and in the language held by the President on the subject of these
unlawful projects, I recognized great facilities for the arrangement of our
would now be able to make a more definite communication of the powers
entrusted to Sir William Ouseley, and of the objects of his mission, than had
hitherto been the case ;' and further on you say that, in answer to a remark
made by General Cass, “ that he would endeavour to avert all public discussion
of the Clayton-Bulwer Treaty in Congress, by withholding the correspondence
until Her Majesty's Government had time to mature and transmit their resolu-
tions,” you informed him," that, on my part, I should submit to Her Majesty's
Government the expediency of availing themselves of the present favourable
conjuncture, and making their intentious known to the American Cabinet with
the least possible delay.”
I do not understand on what your Lordship's communication to General
Cass, as reported in this despatch, was founded. The powers entrusted to Sir
William Ouseley, and the objects of his mission, had already been fully commu-
nicated by you to the Government of the United States, by your note of the
30th of November, and on that matter nothing remained behind for further
communication.
The intentions of Her Majesty's Government have already been made
known to the Cabinet of Washington, and Her Majesty's Government are now
awaiting the decision of that Cabinet on the proposal which your Lordship has
submitted to it, for referring to arbitration the questions which have arisen
between the two Governments as to the true interpretation of the Clayton-
Bulwer Treaty.
I am, &c.
(Signed) CLARENDON.
No. 49.
NII
Sir W. G. Ouseley to the Earl of Clarendon.-(Received February 1.)
My Lord,
Washington, January 16, 1858.
. I HAD an opportunity lately of conversing with the President. His Excel-
lency referred to the late proceedings against Walker and his confederates, and
emphatically assured me of his determination to put down all filibusters.
The President added, “ You may rest assured, that as long as I am Presi-
dent, filibustering shall never raise its head. I am resolved to put it down and
utterly extinguish it, as far as lies in my power; and I have the power and know
how to wield it. And, moreover, you will find that I am, as I already told you
that I should be, backed by the country and the force of public opinion. The
majority of respectable and thinking men in this country are on my side.”
I have every reason to rely on the literal truth of the President's assurances
as to his own feelings respecting filibustering; and my own observation quite
confirms his Excellency's opinion as to the sense of the majority of influential
men in this country, including the Southern and slave-holding States, being ready
to support his acts.
Even in New Orleans a subscription is on foot to present a sword to Commo-
dore Paulding, as a testimonial of high appreciation of his conduct; while the
Press, with few and unimportant exceptions, approve his arrest of Walker.
I have, &c.
(Signed) W. G. OUSELEY.
No. 50.
Sir W. G. Ouseley to the Earl of Clarendon.--- (Received February 1.)
My Lord,
Washington, January 16, 1858.
ON a late occasion the President recurred, in conversation with me, to the
subject of the Treaty lately signed with Nicaragua. His Excellency repeated, in
the most positive and unequivocal terms, what he had previously declared ; viz.,
M 2
80
that, “ so far from having any exclusive or selfish views respecting the Central
American States, all he wanted was a free and secure interoceanic communication,
which could only be ensured, in the present state of those Governments, by having
the power effectually to protect that route, but that it would be kept free for the
use of Great Britain and other countries as much as for his own countrymen;
and that it was open to me to make precisely such a Treaty with Nicaragua, or
with the other Central American States, should it appear advisable.”
In a word, his Excellency's language on this and on other subjects of
mutual interest to Great Britain and the United States, was, as on previous
occasions, most friendly and satisfactory.
I have, &c.
(Signed) W. G. OUSELEY.
No. 51.
The Earl of Clarendon to Sir W. G. Ouseley.
Sir,
Foreign Office, February 4, 1858.
I HAVE to state to you that Her Majesty's Government have learned with
great satisfaction the language of the President with respect to his policy
in Central America, as reported in your despatch of the 16th ultimo.
I am, &c.
(Signed) CLARENDON.
No. 52.
Lord Napier to the Earl of Clarendon.--(Received March 1.)
My Lord,
Washington, February 16, 1858.
THE causes which lately threatened to embroil the affairs of Central
America, and to embarrass the negotiations committed to the management of
Sir William Ouseley, are no longer to be apprehended. Her Majesty's Govern-
ment are not disposed to recognize, in the pending negotiation between the
Cabinet of Washington and Nicaragua, any bar to the execution of the
instructions given to Her Majesty's Envoy; and the attitude taken by the
President, in reference to the unlawful projects of the freebooters in the
United States justifies us in believing that the peace of Central America will,
for the present, remain undisturbed by piratical invasion. It has become
essential to obtain from the United States' Government, without further delay,
an expression of their resolution respecting overtures conveyed to them in my
notes of the 30th of November last, and especially to that in which a formal
proposal for arbitration was consigned.
"I have, consequently, addressed the accompanying official letter to General
Cass, soliciting a reply to those communications, and I will endeavour by
personal application to provide that, as far as is practicable, the answer shall be
consonant with the wishes of Her Majesty's Government.
I have, &c.
(Signed) NAPIER,
Inclosure in No. 52.
Lord Napier to General Cass.
Sir,
Washington, February 17, 1858.
ON the 30th of November last I had the honour to convey to you, under
the instructions of Her Majesty's Government, a proposal to submit the
controverted points in the Treaty of 1850, respecting Central American affairs,
to the free arbitration of any European Power which the Government of the
United States should prefer to select for that office. In a separate note, under the
same date, I imparted to the Government of the United States an outline of the
81
.
agreeabide of 1850
of that instrucs of addressing
sånction
instructions under which Sir William Gore Ouseley has been charged to proceed,
on a special Mission, to the Central American Republics, with a view to the
settlement, by direct negotiation with those States, of the questions which the
correspondence of last year in London had failed to adjust. Something in the
nature of an alternative was thus offered to the American Cabinet. Should the
expedient of arbitration be adopted, a great portion of Sir William Ouseley's
duty would be transferred to other agencies. Should arbitration be declined, it
was hoped that the efforts of Her Majesty's Envoy would result in a settlement
agreeable to the United States, inasmuch as in essential points it would carry
the Treaty of 1850 into operation in a manner practically conformable to the
American interpretation of that instruction.
The note which I had the honour of addressing to you, in reference to the
Mission of Sir W. Ouseley, has received the official sanction of the Earl of
Clarendon, and may therefore be regarded as an authoritative exposition of the
intentions of Her Majesty's Government. In that communication, however, I
indicated that two obstacles had arisen which might possibly modify the resolu-
tions of Her Majesty's Government; first, the cotemporary negotiation of a
Convention for the protection of the transit route between the Government of
the United States and that of Nicaragua; and, secondly, the invasion of the
Nicaraguan territory by a band of adventurers, who were engaged in an attempt
to subvert the lawful Government recognized by Great Britain. The impedi-
ments, to which I alluded, do not now exist.
In the Treaty contemplated between the United States and Nicaragua, Her
Majesty's Government do not see any obstacle in the realization of their designs
committed to the management of Sir William Ouseley, while the projects of
Walker and his confederates have been arrested by the interposition of the
United States' navy, and we may hope definitively extinguished by the reproba-
tion expressed and the measures adopted by the President of the United States.
Satisfied in respect to the relations between the Government of the United
States and Nicaragua, and relieved of the apprehensions raised by the renewed
disturbances of the peace of Central America, Her Majesty's Government are
prepared, if necessary, to sanction the departure of Sir William Ouseley on his
Mission and the execution of his instructions in the most conciliatory spirit.
Her Majesty's Government have, however, received no reply to their
proposal for arbitration, a measure which they still regard as embodying the
most unexceptionable method for the settlement of existing difficulties.
In requesting to be informed of the definitive resolution of the United
States' Government on this point, I am enabled to add that, if their determina-
tion should be an adverse one, Her Majesty's Government would give a friendly
consideration to any observations which you may be disposed to offer on the
objects of the Mission entrusted to Sir William Ouseley.
I have, &c.
(Signed) NAPIER.
No. 53.
Lord Napier to the Earl of Clarendon.-(Received March 10.)
(Extract.)
Washington, February 22, 1858.
I HAVE the honour to acknowledge the receipt of your Lordship's despatch
of the 29th ultimo, in reply to my report of the 11th ultimo, referring to a conver-
sation which had passed between General Cass and myself relative to the
affairs of Central America.
In that conversation I had assented to the delay of the United States'
Government in transmitting a reply to the late overtures of Her Majesty's
Government, and I held out the expectation of a further communication of the
intentions of your Lordship with reference to the adjustment of the pending
controversies.
Your Lordship desires to know on what my communication to General
Cass was founded ; and you add, that the powers entrusted to Sir William
Ouseley having been fully imparted to the American Cabinet, on that matter
nothing remained behind for further communication. Your Lordship also
82'
points out that Her Majesty's Government were waiting for an answer to their
proposal to refer the questions under dispute to the arbitration of a foreign
Power..
The motive of my language to General Cass is to be found in my despatchi
to your Lordship of the 13th of December. In that report, written
shortly after the Presidential Message, I took the liberty of submitting to
your Lordship's judgment the expediency of authorizing me to intimate to
the Government of the United States that Sir William Ouseley would make the
cession of the Bay Islands to Honduras his first object. I thought that, if this
mission were to be instrumental in settling the questions at issue, the point on
which most solicitude had been expressed should be first dealt with. At present
Sir William Ouseley's instructions contemplate his proceeding, in the first
instance, to Guatemala, and there negotiating a Boundary Treaty, which might
engage his attention for some time.
I looked forward, not to any essential alteration in the powers committed to
Sir William Ouseley, but I thought they might be exerted more promptly, and
might be more exactly defined, and that some communication to that effect
might have been made to the Secretary of State, and would have had a useful
influence in shaping the resolution and the reply of the United States' Cabinet.
It certainly never occurred to me that this temporary suspension would, in
the least, affect the obligation of the United States' Government to return an
official answer to your Lordship’s offer for arbitration. The conversation referred
entirely, in my mind, to the settlement of the controversy by the instrumentality
of Sir William Ouseley's mission, the method which I thought would be prac-
tically adopted. I must regret that I did not state this distinction to General
Cass, and that I did not press him upon the former point; for though it may be
presumed that the Government of the United States will not reconsider their
decision with reference to arbitration, they are bound to give their reasons, in
writing, for rejecting a proposal so natural and so just.
Before receiving your Lordship's despatch, which I have before me, I had
addressed an official note to General Cass asking for a reply to the overtures of
Her Majesty's Government, copy of which was transmitted in my despatch
of the 16th instant. To that communication I have, as yet, received no
answer.
TE
No. 54.
The Earl of Malmesbury to Lord Napier.
My Lord,
Foreign Office, March 10, 1858.
I HAVE to acquaint your Lordship, with reference to your despatch
of the 22nd ultimo, that Her Majesty's Government are of opinion that until
an answer is returned by the American Government to the proposal which, in
obedience to the Earl of Clarendon's instructions, you have submitted to it for
referring to arbitration the question respecting the Clayton-Bulwer Treaty, on
which the two Governments are at issue, no further step can be taken by Her
Majesty's Government with that of the United States in regard to that matter.
When this point is cleared up, Her Majesty's Government, supposing that
the Government of the United States decline arbitration, will have to determine
whether they should originate a proposal for the abrogation of the Clayton-
Bulwer Treaty, or adopt any other course which the circumstances at the moment
may seem to recommend.
I am, &c.
(Signed) MALMESBURY.
n
No. 55.
Lord Napier to the Earl of Clarendon.-(Received March 30.)
(Extract.)
Washington, March 9, 1858.
GENERAL CASS stated to me yesterday, for the information of your
Lordship, that if some delay had occurred in returning an answer to our overtures
.: 83
for the adjustment of the pending controversies in Central America, it was not
owing to any indifference on the subject, or to any want of respect to Her
Majesty's Government. The matter has been unavoidably deferred since the
receipt of my last note, in consequence of the pressure of other business which
occupied the attention of the President.
No. 56.
Lord Napier to the Earl of Malmesbury.—(Received April 5.)
My Lord,
Washington, March 22, 1858.
THE overtures made by Her Majesty's late Cabinet to the Government of
the United States for the adjustment of pending controversies in Central
America, are known to your Lordship from the correspondence between the
Foreign Office and Her Majesty's Legation on this subject.
Those proposals comprise an alternative submitted to the selection of the
American Government. Her Majesty's Government have offered to refer all
the controverted points in the Treaty of 1850, to the free arbitration of any
European Power, or, if more agreeable to the United States, they design to
adjust the matters under discussion by negotiation with the Isthmus Republics,
to which, through the medium of Sir William Ouseley's mission, they are
prepared to make such concessions as would carry the Treaty of 1850 into
operation in the most important particulars, according to the construction
placed upon that instrument by the Cabinet of Washington..
These modes of settlement both involve the maintenance of the Clayton-
Bulwer Treaty in its essential principle, viz., the neutrality of the Central
American region, the exclusion of the Contracting Parties from territorial
acquisition in a country which, from its configuration and position, possesses a
common and momentous interest to the Maritime Powers. .
The conciliatory inclinations of Her Majesty's Government have, however,
not stopped here. Prompted by an impression, derived from many sources,
that the obligations of the Clayton-Bulwer Treaty were repugnant to the people
of the United States, and influenced no doubt by the declaration of the President
in his late Message to Congress, in which he intimates a desire for the amicable
dissolution of that Convention, the Earl of Clarendon authorized me to inform v
General Cass that Her Majesty's Government would not decline the consideration
of a proposal for the abrogation of the Treaty by mutual concert. An official
character was not given to this communication, because the recent overtures of
Her Majesty's Government are still under the consideration of the President, and
because it seems inost natural that the proposal for the repeal of the Treaty
should emanate from the party to which we are told it has been onerous and
unacceptable.
I have, accordingly, on two occasions informed General Cass that, if the
Government of the United States be still of the same inind, and continue to
desire the abrogation of the Treaty of 1850, it would be agreeable to Her
Majesty's Government that they should insert a proposal to that effect in their
reply to my note respecting arbitration, and to that in which I explained the
character and motives of the mission entrusted to Her Majesty's Commissioner
in Central America.
Some conversation ensued regarding the manner in which the dissolution
of the Treaty should be effected, and the condition by which it might be
accompanied, and on these topics I have held the following language, premising
that the views expressed were altogether spontaneous and personal, for I had no
information of the intentions of Her Majesty's Government beyond the bare
fact that they would entertain a proposal to cancel the engagements of 1850,
emanating from the United States.
I stated that, in my opinion, the Treaty in question could only be repealed
by a new Treaty in the usual forms, and that it might be desirable that such a
Treaty should not be restricted to a single article annulling its predecessor.
Both for considerations of decency and policy I advocated the insertion of stipu-
lations involving an expression of a common policy in Central America, and the
disavowal of any exclusive or monopolizing projects on either side. I said that
I thought a Treaty might be framed of three Articles.
84
The first should declare the desire of the Contracting Parties to encourage
and protect the organization of transit routes in the interoceanic region, and
bind those parties never to negotiate for any rights or privileges of transit with
the Central American States of a preferential or exclusive character, to which
other nations might not, by negotiation, be equally admitted, establishing thus
the principle of an equal enjoyment of those avenues of trade for all the countries
of the world.
The second Article might recognize the jurisdiction of the transit route by
the San Jual river, as being vested in the Government of Nicaragua. This had
been already avowed by the United States in a Treaty negotiated with that
Republic. It had not been definitively affirmed by Great Britain, and might
seem to clash with the claims of the King of Mosquitia to territorial possession
or authority in those parts. I thought, however, that in regard to the views
lately expressed by Her Majesty's Government in the course of recent negotia-
tions, in consideration of the necessity of obtaining a suitable Treaty with Nica-
ragua, and for the purpose of placing themselves in harmony with the course
pursued by the United States, Her Majesty's Government might, on this head,
accede to an Article which would practically restrict their protectorate in Mos-
quitia, and prevent the imputation of any interference on their part with the
territory traversed by the river, and, therefore, by the transit route.
Finally, I suggested that Article III of the Treaty should simply declare the
provisions of the Treaty of 1850 to be void and of no effect. I added that the
question of future territorial acquisition in Central America would thus be thrown
open to the United States : that Her Majesty's Government, on the other hand,
would retain the Colony of Honduras in the proportions which might be given
to it by Treaty arrangements with Guatemala, and that the Bay Islands would
remain attached to the British Crown. Indeed, I affirmed, still as a personal
opinion, but of the most positive character, that in case of the dissolution of the
Clayton-Bulwer Treaty, the Bay Islands would not be relinquished by Her
Majesty's Government. I felt bound to make this statement, having observed
in some quarters an impression that Her Majesty's Government might be disposed
not only to annul the Treaty, thus opening a path for the eventual annexation
of the Isthmus to the Federal Union, but to give up the Bay Islands as well ; a
notion altogether unfounded in any intimation which has hitherto reached me
from the Foreign Office, and which could not be reconciled in my opinion to the
interests of England.
In reply to my observations, the Secretary of State remarked that he would
reserve the subject for the consideration of his Government: he added, as a
personal impression, that he was in favour of a naked, unqualified repeal of the
Clayton-Bulwer Treaty, without conditions, and that such a repeal should be
effected in the form of a Treaty, though he alluded, with a certain deprecation,
to the contingency of the dissolution of the Treaty by an Act of Congress. He
also thought, however, that the matters at issue might be adjusted through the
mission of Sir William Ouseley.
I was most careful to remark throughout that the opinions I enunciated
with reference to the conditions under which the Treaty should be abrogated
were exclusively my own, and that it belonged to the Government of the United
States to offer a suggestion for the purpose in question, as the overture should
proceed from them. The only point on which I spoke with determination was
that of the surrender of the Bay Islands, in which I trust that I have not
misinterpreted the sentiments of Her Majesty's Government. On the whole
I did not think that my informal communication was as favourably received as
the previous declarations of the President and the Secretary of State on this
subject might have warranted me in expecting.
I have, &c.
(Signed) NAPJER.
No. 57.
Lord Napier to the Earl of Malmesbury.--(Received April 5.)
My Lord,
Washington, March 22, 1858.
TO avoid all misunderstanding respecting the import of my overtures
for the abrogation of the Clayton-Bulwer Treaty by friendly concert between the
85
·
Contracting Parties, I waited on General Cass this afternoon and read to him
my previous despatch of this date. I have reason to be satisfied that I did
so, for I have had an opportunity of removing some misapprehension from the
mind of the Secretary of State which might have embarrassed the free action of
the United States' Government, and prevented that full declaration of their
views which I feel confident Her Majesty's Government desire to elicit.
The Secretary of State had entertained the impression that in stating the
conditions, upwards of a month ago, under which I thought the Treaty of 1850
might be abrogated, I intended to convey that Her Majesty's Government had
decided against the unconditional repeal of the Treaty. General Cass added that,
in his opinion, the President would not accede to any stipulations being attached
to the dissolution of the Treaty, but that he would be favourable to the simple
abrogation of that instrument by a new Treaty consisting of a single Article.
I explained, in reply to General Cass, what I regret I did not convey more
distinctly to him before, though I certainly intended to do so, that in advising
the repeal of the Treaty of 1850, with the substitution of certain Articles, I
merely stated my own private opinion, founded on a general impression of the
views of my Government, but that I had never designed to represent these
suggestions as official or unalterable, or to intimate that Her Majesty's Govern-
ment.would not listen to an amicable proposal for the simple revocation of the
Treaty alluded to. I consequently begged General Cass to state to the President
that if on due reflection the method of arbitration should be definitively declined,
and if the mission of Sir William Ouseley, under his present instructions, should
not be thought calculated to further the object in view, Her Majesty's Govern-
ment would, in my humble opinion, consider an overture for the dissolution of
the Treaty without conditions, however much they might prefer that certain
provisions should be annexed to its revocation. I added that I believed the
stipulations I had sketched out were as much in the interest of the United States
as in that of England, and, therefore, deserving of his attention ; but that the
main object was to know the wishes of his Government in an official form, and
bring them under discussion : I could not guarantee that they would be accepted,
but I was sure they would be entertained in a conciliatory spirit.
I then adverted to the reports which have been lately circulated to the effect
that the Clayton-Bulwer Treaty had been debated in the Conmittee of Foreign
Relations in the House of Representatives, and I said that I thought it was
desirable that the Chairman of the Committee should be accurately informed of
the state of the negotiation and the views of Her Majesty's Government, lest
some precipitate resolutions should be adopted or discussed in Congress on
imperfect intelligence, which would create a feeling of dissatisfaction in England.
The Secretary of State assured me that the purport of my communication
should be conveyed to the President, and I took leave of him promising that I
would place in his hands, as a record of our conversations, copies of my two
despatches of the present date.
I have, &c.
(Signed) NAPIER.
ICUL
No. 58.
The Earl of Malmesbury to Lord Napier.
My Lord,
Foreign Office, April 8, 1858.
I HAVE received your Lordship's despatch of the 22nd ultimo, reporting
your conversation with General Cass upon the disposition of Her Majesty's
Government to concur in a proposal to set aside the Clayton-Bulwer Treaty ;
and I have to acquaint your Lordship that Her Majesty's Government entirely
approve of your having placed on record, by delivering to General Cass copies
of those despatches, that they were ready to abrogate that Treaty.
In this state of things it will be proper that your Lordship should abstain
from any further discussion on that point, leaving the Government of the United
States to appreciate as they may the announcement which you have thus made
of the readiness of Her Majesty's Government to concur with the view of the
subject expressed in the President's Message; and your Lordship, without
further adverting to the question of abrogation, will only press for an early and
N
86
decided answer to the proposal respecting arbitration which you have submitted
to the Government of the United States. You will evince no eagerness for the
acceptance of that proposal, neither will you exhibit anxiety for the abrogation
of the Treaty; and if the proposal is rejected, you will not officially bring forward
as the alternative the abrogation of the Clayton Treaty, but announce your
intention to report home and wait for instructions.
Her Majesty's Government, if the initiative is still left to them by the
unwillingness of the United States themselves to propose abrogation, desire to
retain full liberty as to the manner and form in which any such proposal shall
be laid on their behalf before the Cabinet at Washington; but without
pronouncing any decided opinion at the present moment, I think it right to
point out to your Lordship that the effect of such an Article as that suggested
in your despatch, as the second, might be to perpetuate an entanglement with
the Government of the United States, and to place that Government in a
position to question or control the free action of Her Majesty's Government in
everything that relates to Central America. The Clayton-Bulwer Treaty has
been a source of unceasing embarrassment to this country, and Her Majesty's
Government, if they should be so fortunate as to extricate themselves from the
difficulties which have resulted from it, will not involve themselves, directly or
indirectly, in any similar difficulties for the future.
Her Majesty's Government would have no objection to enter with the
United States into a self-denying engagement such as that suggested in your
first Article, by which both parties should renounce all exclusive advantage in
the use of any of the interoceanic routes, and should bind themselves, each to
the other, not to interfere with free transit. Such an Article would be a suitable
substitute for the Clayton-Bulwer Treaty, for it would secure, as regards the
Contracting Parties, the avowed object of that Treaty—the freedom of inter-
oceanic communication.
But beyond this Her Majesty's Government, as at present advised, are not
prepared to contract any engagement as a substitute for the Clayton-Bulwer
Treaty, and from the abrogation of that compact, if it should take place, they
will hold themselves as free to act in regard to Central America in the manner
most conducive to the advancement of British interests and the fulfilment of
British obligations as if the Treaty had never been concluded.
Your Lordship was, therefore, perfectly right in using decided language such
as that reported in your despatch respecting the Bay Islands; and whenever the
subject of the abrogation of the Clayton-Bulwer Treaty is mooted in your
presence, you will make it perfectly clear to the Government of the United States
that to abrogate the Treaty is to return to the status quo ante its conclusion in
1850; that Her Majesty's Government have no kind of jealousy respecting
American colonization in Central America, which, indeed, it would help to
civilize ; and that we neither ask nor wish for any exclusive privileges whatever
in those regions.
I am, &c.
(Signed) MALMESBURY.
No. 59.
7.
Lord Napier to the Earl of Malmesbury.--Received April 12.)
My Lord,
Washington, March 28, 1858.
ON the morning of the 24th instant, I waited on the Secretary of State
with the intention of placing in his hands copies of my despatches to your
Lordship of the 22nd instant, relative to the dissolution of the Treaty of 1850.
I did not find General Cass at home, but I left the despatches in question with
Mr. Appleton, the Assistant Secretary, requesting him to deliver them to the
General.
I had yesterday the pleasure of seeing General Cass, who informed me that
he had read my reports to the President, who had not yet taken any resolution
on the subject. He added, that he was sensible that the overtures of Her
Majesty's Government had remained too long unanswered, but that Kansas had
lately absorbed the attention of the Cabinet to the exclusion of all other matters.
There was now the immediate prospect of closing that question, and the atten-
87
tion of the Government would be devoted without delay to the affairs of Central
America.
I have, &c.
(Signed) NAPIER.
No. 60.
.
Lord Napier to the Earl of Malmesbury.—(Received April 25.)
(Extract.)
Washington, April 12, 1858.
I HAVE the honour to transmit to your Lordship herewith copy of a note
which has reached me from General Cass, containing a reply to the overtures
recently made by Her Majesty's Government for the settlement of the pending
controversies respecting Central America.
A great portion of this document is devoted to an analysis of the various
communications which have passed between Her Majesty's Legation, the
President, and the Department of State, since my arrival at Washington.
A tendency has been shown to attribute to unofficial and conditional
expressions the validity of formal engagements, and to fasten the imputation
of inconsistency on Her Majesty's Government or on myself; while, from
the general tone of the composition, it might be supposed that the Cabinet of
the United States had experienced some injury, or had been met in a stubborn
and uncompromising spirit, instead of having been treated with deference,
courtesy, and conciliation.
I have thought it incumbent on me to offer some remarks upon the tenour
of this communication in the accompanying official letter, in which I have
endeavoured to combat the inferences which might be deduced from the language
of the Secretary of State. It would have been more regular and more agreeable
to my sentiments to have abstained from all discussion, especially where the
name of the President could not be excluded, and to have left the duty of
prolonging the correspondence to Her Majesty's Government, if they deemed it
advisable. There is, however, the contingency that this correspondence may
be imparted to Congress before it is laid before Parliament; and I trust, there-
fore, that Her Majesty's Government will not disapprove of the attempt which I
have made to place our policy in a fair and favourable light before the American
people.
Passing from the personal and retrospective question to the practical resul
of the present reply, three salient facts appear :-
1. The American Cabinet have definitively rejected the expedient of arbi-
tration in the adjustment of our Central American difficulties ;
2. They will decline the simple abrogation, by mutual consent, of the
Clayton-Bulwer Treaty, leaving the Contracting Parties on their previous footing
in reference to territory and jurisdiction;
3. They are favourably disposed to an arrangement through the channel of
Sir William Ouseley's mission, supposing that arrangement be made on a basis
conformable, or very nearly conformable, to the American construction of the
Clayton-Bulwer Treaty,
mute salient facts appear :-
Inclosure 1 in No. 60.
General. Cass to Lord Napier.
My Lord,
Department of State, Washington, April 6, 1858.
YOUR recent communications in reference to an adjustment of the Central
American questions make it necessary that I should correct a misapprehension
which seems to be entertained by Her Majesty's Government concerning the
views of the President on that subject.
The President has always regretted the differences between the United
States and Great Britain which have grown out of their different constructions
of the Clayton-Bulwer Treaty, and has been sincerely desirous to see them
amicably arranged. In proof of this friendly disposition, he gave his sanction to
the Dallas-Clarendon Treaty of 1856, as amended by the Senate, notwithstanding
N 2
88
the objections which your Lordship is aware he entertained to some of its
provisions. When this Treaty had failed in consequence of the refusal of Great
Britain to ratify it in its amended form, he was confidentially informed by your
Lordship, on the 19th of October last, in an interview which you had sought for
the purpose, “that Her Majesty's Government had considered the several
alternatives of action which were open to their selection, and in a review of the
whole case had resolved to dispatch a Representative of authority and experience
to Central America, charged to make a definitive settlement of all the matters
with regard to which the United States and England are still at variance.”
Your Lordship added that Sir William Gore Ouseley had been selected as this
Representative, and that, while you were unable to explain the precise character
of his instructions, you "believed it was the intention of Her Majesty's Govern-
ment to carry the Clayton-Bulwer Treaty into execution according to the general
tenour of the interpretation put upon it by the United States ; but to do so by
separate negotiations with the Central American Republics in lieu of a direct
negotiation with the Federal Government."
In reply to this communication, you were assured by the President that
“if the resolutions of Her Majesty's Government were such as you had related,
and they really meant to execute the Clayton-Bulwer Treaty according to the
American interpretation, this was as much as he could insist upon,” and “to
him it was indifferent whether the concession contemplated by Her Majesty's
Government were consigned to a direct engagement between England and the
United States, or to Treaties between the former and the Central American
Republics."
In reply to a further suggestion of your Lordship in respect to what night
be the character of his Message to Congress on this subject, he frankly stated
that if before the meeting of Congress he should receive an official announce-
ment on the subject such as he could use, he would refer to Sir William Ouseley's
mission in his Message, and “nothing would give him greater pleasure than to
add the expression of his sincere and ardent wish for the maintenance of friendly
relations between the two countries.”
The President also distinctly stated, in reference to some apprehension
expressed by your Lordship lest the mission of Sir William Ouseley might be
frustrated by an attempt in Congress to annul the Treaty-an attempt which
your Lordship thought would have a " calamitous influence on the future
relations of England and America,” that “under the circumstances here
described no attempt against the Clayton-Bulwer Treaty would have any
countenance from him whatever.” He did not fail, however, to point out
to your Lordship that no stipulations in respect to the Bay Islands, similar
to those contained in the Convention then pending between Great Britain and
Honduras, would be regarded by the American Government as a satisfactory
compliance with the Clayton-Bulwer Treaty; and your Lordship, in return,
"allowed that the Articles establishing the administrative independence of the
islands might have been larger than was necessary," but made no doubt Her
Majesty's Government would entertain any reasonable suggestions which might
be afforded them in that sense, and Sir William Ouseley would, probably, have
power to enter upon it (the discussion) in a liberal spirit.”
According to your Lordship's account of the interview, of which I have
freely availed myself in this narrative, you - thanked the President for his
assurances, and expressed your hope that your Lordship (Lord Clarendon) would
be enabled to make a full communication of Sir William Ouseley's instructions
to the American Cabinet, and even to direct that Minister to visit Washington in
his way to Central America, if his Excellency (the President] thought such a step
desirable.”
In a second interview with the President, on the 24th of October, your
Lordship reiterated your s belief that the instructions of Sir William Ouseley
would, in fact, enable him to sanction the execution of the Treaty by direct
arrangement with the Central American Republics, in conformity with the
general tenour of the interpretation placed upon it by the United States," and
then proceeded to suggest how important it was, therefore, " to know what is
the sense attached to the Clayton-Bulwer Treaty by the Government of the
United States."
These expressions were met by the President in the same friendly spirit
which he had manifested at the previous interview, and while, in response to
mnttemnt against the Clayton-Buiwe sans
89
CAT
TY
Yn
your Lordship's suggestion, he did not fail to mention what he regarded as the
leading requirements of the Clayton-Bulwer Treaty, according to the American
construction of it, he withdrew nothing of his previous assurance that an adjust-
ment of the Central American questions according to that construction would
be entirely acceptable to him, whether this adjustment should be made by direct
negotiation with the Central American States, or by a Treaty between the United
States and Great Britain.
Similar views to those which were thus expressed by your Lordship in these
conversations had been previously communicated to me in the same confidential
manner, and by me reported to the President. On the 30th of November,
however, I received from your Lordship an official notice of Sir William Ouseley's
mission, together with a statement in outline of its leading objects. This state-
ment not only did not communicate the full instructions under which that
Plenipotentiary was to carry into effect the Clayton-Bulwer Treaty, according to
the American construction of it, but left it to be inferred that the new negotia-
tions were to be based, not upon the Treaty of 1850, but upon the Dallas-
Clarendon Treaty of 1856.
✓ The special Commission, according to your Lordship's communication,
was “ charged with the duty of negotiating arrangements conformable in general
character to those contemplated by the Treaty signed by the Secretary of State
for Foreign Affairs and the United States Minister in 1856, but subject to
certain modifications which may be consistent with the just claims of the Central
American Republics, with the general welfare of trade, with the vested interests
of British subjects, and which will be, at the same time, agreeable to the wishes.
of the United States."
This substitution, as a basis of the new negotiations of a Treaty which had ir
never represented the views and policy of this Government, which had under-
gone important alterations in the Senate, which, even after these alterations, had
been adopted with hesitation, both by the President and the Senate, as a
e compromise" for the sake of peace, and which, at last, had been rejected by
Great Britain because it was unwilling to sanction the Senate's amendments to
it: this substitution of the Dallas-Clarendon Treaty, with some undefined modi-
fications, instead of the plain and precise basis which was implied in the American
construction of the Convention of 1850, could not fail to arrest the attention of
the President and increase his anxiety to receive a more definite account of
Sir William Ouseley's instructions. This anxiety was not diminished by the
despatch of Lord Clarendon of November 20, which was transmitted with your .
Lordship's communication of December 5; for, in that despatch, not only was
the Dallas-Clarendon Treaty referred to as a basis of the new negotiations,
without any explanation whatever of the precise modifications which the
Commission was authorized to make in its provisions, but it was even urged as a
matter of “concern and disappointment,” that the Government of the United
States, “ so far from desiring to facilitate the adjustment of these questions, are
inclined to require admissions on the part of this country (Great Britain) which,
if made, would render all negotiation superfluous.” Since the only condition
which had been made by this Government was the condition that the Treaty
n
condition had been, moreover, a part of the original proposition made by your
Lordship to the President, it is difficult to understand how the expression of it
in your report of your interviews with the President, could have occasioned Lord
Clarendon either - concern” or “disappointment.” Equally surprising was the
declaration of his Lordship, in the same despatch, that "it cannot be expected
that the British Government, which entertains no doubt as to the true intent
and meaning of the Clayton-Bulwer Treaty, should abandon their opinion in
order to adopt the adverse interpretation put upon that Treaty by the Govern-
ment of the United States ;” because it was according to the general tenour of
this very interpretation that your Lordship informed the President, on the 19th
of October, you believed it was the intention of Her Majesty's Government to
carry the Clayton-Bulwer Treaty into execution, and it was only upon this basis
that the President had given the assurances to your Lordship to which I have
already adverted.
In view of the tone and language of this despatch of Lord Clarendon, the
President might have been fully justified in withdrawing these assurances of
October last; because the condition upon which they were given appeared now
90
to be unsatisfactory to Her Majesty's Government. But, since he was assured
that Her Majesty's Government desired to persevere in the mission of Sir William
Ouseley, and since it was only reasonable to believe that this mission had been
undertaken in a friendly spirit, he determined to do nothing which might either
frustrate or delay it, unless he should feel compelled to do so after receiving that
full information on the subject which he still had reason to expect. Accordingly,
in his Message to Congress, after describing the position which the Central
American questions then occupied, he added :
“Whilst entertaining these sentiments, I shall, nevertheless, not refuse to
contribute to any reasonable adjustment of the Central American questions
which is not practically inconsistent with the American interpretation of the
Treaty. Overtures for this purpose have been recently made by the British
Government, in a friendly spirit which I cordially reciprocate; but whether this
renewed effort will result in success I am not yet prepared to express an opinion,
A brief period will determine."
The view here taken of Sir William Ouseley's mission is precisely that
which was taken of it in your Lordship’s interviews with the President of the
19th and 24th of October, and precisely that which this Government has ever
since steadily maintained. Soon after the meeting of Congress, it was under-
stood that some delay was thought necessary in the prosecution of the mission,
in consequence of the expedition of Walker, and the Treaty which had been
negotiated between the United States and Central America, concerning both of
which events your Lordship seemed desirous to ascertain the opinions of your
Government. In repeated conversations with your Lordship on this subject, I
was led to infer that, when these opinions were known, I should receive a further
communication in reference to the instructions and purposes of Her Majesty's
Special Commissioner; and in these interviews I was careful to express my
sincere hope that these instructions and purposes would be found of such a
character as to meet the cordial concurrence of the President. No such commu-
nication, however, has been received; and this Government has, now, no more
definite information concerning Sir William Ouseley's mission than it had when
the President referred to it in his Message to Congress on the 8th of December.
I am instructed, therefore, to request from your Lordship a full and definite
statement of the arrangements by which it is proposed that this mission shall
carry into effect the Clayton-Bulwer Treaty, according to the American inter-
pretation of it. This request, as your Lordship must perceive, has become
necessary in consequence of the position with reference to Sir William Ouseley's
mission in which the President has been placed by the proceedings of Her
Majesty's Government.
The President has expressed his entire concurrence in the proposal for an
adjustment of the Central American questions which was made to him by your
Lordship last October, and he does not wish that any delay or defeat of that
adjustment shall be justly chargeable to this Government. Since, however, he
is asked to co-operate in the arrangements by which it is expected to accomplish
it, it is essential that he should know, with reasonable accuracy, what those
arrangements are.
This information becomes the more important, in consequence of the idea
which seem to prevail, in Lord Clarendon's despatch of November 20, that the
American interpretation of the Clayton-Bulwer Treaty of 1850 was to be found
in the provisions of the Dallas-Clarendon Treaty of 1856. I need not repeat to
your Lordship that this idea is clearly erroneous, because your Lordship is aware
that the Treaty of 1856 was an attempt to reconcile the conflicting views of the
two Governments, and did not pretend to adopt, in their full extent, the claims
of either. Without, however, any further reference to this rejected Treaty, I am
instructed by the President to express his sincere hope that the more perfect.
information which he hopes to have concerning the mission of Sir William
Ouseley may justify him in anticipating from it a substantial execution of the
Clayton-Bulwer Treaty according to the general tenour of the American inter-
pretation of it. In that event, he will be happy to give it his cordial co-opera-
tion, and to direct the Ministers of the United States in Central America to
- render any assistance in their power towards promoting its success.
The prosecution of this mode of adjustment, I need hardly remind your
Lordship, must necessarily exclude the adoption of any other alternative. I was
surprised, therefore, on the 27th of October, only eight days after the interview
91
this might be a fortunate termination or the "svar
with the President in which your Lordship had announced the mission of Sir
William Duseley, and the President had expressed his concurrence in it, to hear
your Lordship, in conversation at this Department, propose a different alterna-
tive, and renew the offer of arbitration which had been previously declined by
this Government, and which I did not hesitate to decline again. On the 30th
of November, the very day when the first official announcement was made of Sir
Williarn Ouseley's mission, I was still more surprised that this offer of arbitration
was formally renewed; but I regarded it as sufficiently answered by the express
concurrence of the President in the mode of adjustment contemplated by that
mission, even if it had not been twice rejected before. In conversation with your
Lordship, since this last offer, I have freely expressed to you my views concerning
it ; but, in order to avoid any misapprehension on the subject, I am instructed
to inform you that the reasons which caused the rejection of the offer of arbitra-
tion when it was first proposed by Great Britain still exist, and that for these
reasons it is still declined.
Should Sir William Ouseley's mission be successful in giving effect to the
Clayton-Bulwer Treaty according to the American construction of it, it will be
unnecessary, of course, for either the United States or Great Britain to consider
the question of its abrogation. Had this abrogation been promptly made as
soon as it was discovered that the Treaty was understood by the Parties to it in
senses directly opposite, it is quite possible that the Central American questions
might have been adjusted, ere this, to the satisfaction of both Governments; and
if the abrogation could be accomplished, now, by substituting a new adjustment
of these questions for that which has led to so much discussion in the Convention
of 1850, this might be a fortunate termination of the whole controversy. But,
after eight years of fruitless negotiation, to abandon the Treaty without any
arrangement whatever of the difficulties out of which it grew, would be almost
to abandon, at the same time, all hope of adjusting these difficulties in a peaceful
manner.
In a recent conversation with your Lordship on this subject, I understood
you to say that, while Great Britain might possibly consent to dissolve the
Treaty it would, in your belief, expect the dissolution to be accompanied by
some stipulations which Her Majesty's Government desired to have in respect
to the transit routes across the Isthmus, but that it had no intention, in that
event, of relinquishing any of the possessions which it now has in Central
America. With this understanding of your suggestion, I replied that, in my
judgment, the President would never consent, while Great Britain continued to
maintain her Central American possessions, to make new concessions to her
interests in that quarter, but would prefer rather that the dissolution of the
Treaty should be naked and unconditional.
From your Lordship’s confidential note to Lord Malmesbury of the
22nd ultimo, I now learn that in advising certain new stipulations to accompany
the repeal of the Treaty of 1850, should such a repeal be determined on, you
had “never designed to represent those suggestions as official, or unalterable, or
to intimate that Her Majesty's Government would not listen to an amicable
proposal for the simple revocation of the Treaty alluded to.” I understand your
Lordship, however, to remain firmly of opinion that, if the Treaty should be
dissolved, Her Majesty's Government would relinquish none of its pretensions
in Central America and that the Bay Islands, especially, “would remain attached
to the British Crown.”
Since it is well known that the views of this Government are wholly incon-
sistent with these pretensions, and that it can never willingly, therefore,
acquiesce in their maintenance by Great Britain, your Lordship will readily
perceive what serious consequences might follow a dissolution of the Treaty, if
no provisions should be made at the same time, for adjusting the questions which
led to it. If, therefore, the President does not hasten to consider now the
alternative of repealing the Treaty of 1850, it is because he does not wish
prematurely to anticipate the failure of Sir William Ouseley's mission, and is
disposed to give a new proof to Her Majesty's Government of his sincere desire
to preserve the amicable relations which now happily subsist between the two
countries.
I have, &c.
(Signed) LEWIS CASS.
1
1
92
Inclosure 2 in No. 60.
C
Lord Napier to General Cass.
Sir,
10.
Washington, April 12, 1858...
I HAVE the honour to acknowledge the receipt of your note of the
6th instant, conveying the reply of the Government of the United States to the
several overtures recently made for the adjustment of the embarrassments
which have arisen out of the conflicting constructions placed upon the Treaty of
1850, by the Contracting Parties.
It would have been more satisfactory to me to have transmitted the
document in question to Her Majesty's Government without any remarks in the
way of explanation or controversy ; but there are views expressed or implied in
your communication, which make it necessary for me to place the course which I
have pursued in these matters, without delay, in a different, and in what I deem a
juster, light.
The first point which I shall bring under consideration, is the character of
those confidential conferences which I had the honour of holding with the
President in the month of October last, and which have been made in some
degree the basis of your observations.
When I received a preliminary intimation of the intended mission of
Sir William Ouseley to Central America, I sought the interviews above alluded
to with the President, not for the purpose of submitting to him an authoritative
or definitive explanation of the character of the mission, or of the instructions
confided to the Commissioner, but in order to express what I believed to be the
general import of the measure, to compare my own impressions with the opinions
of the President, to report the views of the President to my Government, and to
anticipate, if possible, any premature discussion of these matters in Congress,
which I thought might have an unfavourable effect on the contemplated negotia-
tions. The nature of my statements is abundantly apparent from the record of
those conversations which have been in your hands, and which are cited in your
note. I said that “I could not state exactly the character of the instructions
with which Sir William Ouseley would be charged, but I might infer from all
that had reached me, that they would virtually be to the following effect: The
efforts of the new Plenipotentiary would be directed to those objects which had
been dealt with in the Treaty of 1856, now laid aside, viz., the cession of the
Bay Islands to Honduras, the substitution of the Sovereignty of Nicaragua for
the Protectorate of England in Mosquitia, and the regulation of the frontiers of
Belize. In short, I believed it was the intention of Her Majesty's Government
to carry the Clayton-Bulwer Treaty into execution according to the general
tenour of the interpretation put upon it by the United States."
In reply to the strictures of the President on the conditions previously
attached to the cession of the Bay Islands, I “allowed that the Articles
establishing the administrative independence of the islands might have been
larger than was necessary,” and “I made no doubt that Her Majesty's Govern-
ment would entertain any reasonable suggestions which might be afforded to
them in that sense. As far as I knew the discussion was not closed, and
Sir William Ouseley would, probably, have power to enter upon it in a liberal
spirit.”
At a subsequent period of the first conversation, in thanking the President
for certain friendly assurances, “I expressed my hope that the Earl of Clarendon
would be enabled to make a full communication of Sir William Ouseley's
instructions, and even to direct that Minister to visit Washington if the President
thought such a step would be advisable.” The President replied that a written
communication would be sufficient, even if it reached him a few days before the
meeting of Congress.
It is obvious, from these passages, that my statements were all conditional
on the subsequent approval of Her Majesty's Government; that they were not
intended to convey an official and final version of the Mission confided to
Sir William Ouseley; that they were of an initiatory character, made for the
purpose of eliciting an exchange of opinions and to pave the way to the
successful prosecution of Sir William Ouseley's duties. I never intended that
nauthorized explanations should be the basis of the Message of the
President to Congress, or that he should depend only upon my words in a
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matter so important to his policy and to the two countries. Indeed, I was most
desirous that the President should in ro degree be committed on imperfect
intelligence. I anxiously anticipated the moment when I should be able to
transmit to him, through the official channel, a copy or exposition of Sir William
Ouseley's instructions, and thus enable the President to proceed upon the solid
ground of an international declaration. Recurring again to my confidential
despatch to Lord Clarendon, which relates the substance of my first conversation
with the President, I find that “I was careful in my language on this subject to
mark that I spoke on a broad impression of your Lordship's intentions and not
on a particular official knowledge of the decisions of Her Majesty's Government.
I need not add that the engagements of the President do not depend in any
degree on what I have hazarded on my own responsibility, but are altogether
contingent on the nature of the communication which his Excellency may
receive before the 4th of next December, when Congress will assemble.”
The unofficial and confidential character of these communications with the
President was not impaired by my contemporaneous language to yourself. I
would not have considered it consistent with the respect due to your office to
1
reporting my proceedings to the Department of State. But, had these com-
munications been originally and exclusively addressed to you, still they were
in their nature inconclusive and conditional. They could not, in my opinion,
have had the force of formal official assurance. If I had possessed the means
or the power to make an official communication it would have been done directly,
in writing, in the usual manner.
It is gratifying to me to reflect, however, that the question was not left in
ambiguity. An official communication was made to the Government of the
United States, not so early as I could have desired, but within the period
obligingly indicated by the President as indispensable for his convenience.
After taking counsel with Sir William Ouseley, I made, on the 30th of
November, an official communication of the scope of his Mission, not accom-
panied by a textual copy of the instructions, which I never promised and could
not promise, but embodying as ample a delineation of the powers and the objects
of Her Majesty's Commissioner as I was then justified in presenting.
I have been the more particular on this head in consequence of the passage
in your note in which you state that “the view taken of Sir William Ouseley's
Mission in the President's Message is precisely that which was taken of it in
your interviews with the President of the 19th and 24th of October.” From
this it might be carelessly inferred that no other source of information had been
open to the Government of the United States but my verbal statements. I'
consequently take the liberty to add that when Congress met on the 7th of
December my note of the 30th of November had been for several days under the
consideration of the American Cabinet.
Having thus shown that I redeemed my pledge to the President according
to my best ability and placed before the Government of the United States an
official version of the instructions of Sir William Ouseley before the meeting of
Congress, I proceed to examine whether the official statement thus offered was
or was not essentially different from the unofficial and preliminary indications on
which I had ventured in my conversations with the President.
You assert that my note did differ materially from my words ; that my note
referred to the Treaty of 1856 as the basis of the settlement entrusted to
Sir William Ouseley, while, in the conversations alluded to, I had adverted to
the Treaty of 1850 as the foundation of the projected adjustment; you affirm
that, in my written communication there is the “substitution of the Dallas-
Clarendon Treaty, with some undefined modifications, instead of the plain and
precise basis which was implied in the American construction of the Convention
of 1850,” &c.
To this statement which imputes to Her Majesty's Government, to myself,
or to both, a degree of inconsistency which I am desirous to repel, I oppose the
following reflections :
1. The statements embodied in my conversations with the President cannot
be cited against my Government, because they were spontaneous and unautho-
rized in so far as the delineation of Sir William Vaseley's instructions were
concerned, a fact which appears on the face of the record of those conversa-
ţions,
94
1
• 2. In my conversations with the President I did advert to the Treaty of
1856 as a basis of Sir William Ouseley's mission. Turn to the record :-- The
efforts of the new Plenipotentiary would be directed to those objects which had
been dealt with in the Treaty of 1856 now laid aside, viz., the cession of the
Bay Islands to Honduras, the substitution of the Sovereignty of Nicaragua for
the Protectorate of England in Mosquitia, and the regulation of the frontiers of
Belize." After which I added, “In short, I believed it was the intention of Her
Majesty's Government to carry the Clayton-Bulwer Treaty into execution,
according to the general tenour of the interpretation put upon it by the United
States.” I referred both to the Treaty of 1850 and to that of 1856, and made
an exclusive basis of neither one nor the other. I did not say that Sir William
Ouseley would carry out the Clayton-Bulwer Treaty “exactly according to the
American interpretation," or even “according to the American construction,"
but “ according to the general tenour of the interpretation put upon it by the
United States;" a form of expression, perhaps, not sufficiently plain and precise,
but rather vague, one which was probably interchanged with other similar expres-
sions in the course of a prolonged discussion, and which was intended, in my
mind, to describe a settlement under conditions not identical with those consigned
to the Treaty of 1856, not identical with the sense ascribed to the Treaty of
1850 by the United States, but something between the two, and more agreeable
to the United States than the stipulations of 1856:---such a settlement, in fact,
as the Government of the United States, taking a large, liberal, and conciliatory
view of the whole question, looking to results more than to details, might
consider as, in essential points, conformable to their interpretation, and one with
which the nation might be satisfied.
It may appear superfluous for me to analyse closely the sense of expressions
not selected very advisedly, and which had no binding official character ; but it
is obvious that I never could have contemplated a strict adherence to the sense
of the Clayton-Bulwer Treaty adopted by the United States, for in that case no
negotiation whatever would have been necessary, no Minister need have been
sent out, the disputed territories would have been simply evacuated, the disputed
jurisdictions would have been simply disclaimed, and the Clayton-Bulwer Treaty,
viewed without jealousy and without dispute by the Contracting Parties, would
have remained the sole rule of their mutual relations in Central America,
3. My official note of the 30th of November was not so full and distinct as
to satisfy the views of the American Cabinet; but, on the whole, it responded,
in my opinion, very fairly to the spirit of ny conversations with the President.
It did not, and it could not exactly adopt the American construction of the
'I reaty of 1850 as its basis, nor did it exactly adopt the basis of the Treaty of
1856 ; but it sketched out a groundwork of settlement which might, in my
opinion, be regarded as practically conformable to the general tenour of the
American construction. It contemplated, with reference to sovereignty and
civil administration, an unambiguous cession of the Bay Islands to Honduras,
reserving only questions of existing property and general commerce; it affirmed
the transfer of the Protectorate of Mosquitia; it pointed to a settlement of the
Belize frontier not less favourable to Guatemala than that which had once
received the sanction of the Senate of the United States,-an admission no
longer binding, I am well aware, but which was dictated by sentiments probably
still existing in that eminent body, and which, though repugnant to the personal
opinion of the President, might, I hope, yet be recommended to his assent,
though I have no assurance to that effect.
Having thus endeavoured to show that there was no material difference
between the language used by me to the President, and that in which my official
note of November 30th was couched, but that the same objects were aimed at in
both, I go on to consider your remarks on the despatch of the Earl of Clarendon
which was communicated in my note of December 5th, and which seems to you
to be of an unsatisfactory character. In that despatch the Earl of Clarendon
expresses his disappointinent that the confidential overtures and explanations
which I had hazarded with the President had not been met in a spirit of more
cordiality and concession. This feeling of disappointment is conveyed with that
plainness which was natural in a despatch addressed to Her Majesty's Legation
without a distinct view to textual communication,--a circumstance to which I
was careful to draw your attention, and that of the President, through you,
in placing my note in your hands, at your private residence, on the afternoon
solem
to satin My O
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of the 5th. I was prompted to make a textual communicatian of the despatch
in question by the engagement which I had taken with the President, to give
him as frank, full, and early an intimation of the sentiments of Her Majesty's
Government, as possible. In delivering this additional explanation to you, I
expressed my concern that it had not come sooner, owing to unavoidable
causes, and my apprehension that it might not be received by the President
in time to serve his purpose in framing the Message delivered to Congress
on the 8th. The feeling of disappointment experienced by the Earl of
Clarendon was founded in the nature and extent of the declarations made to me
by the President, and that sentiment was shared by myself. However deeply ·
impressed with the courtesy and confidence manifested by the President to
me on those occasions, it could not escape me that his admissions were
strictly guarded, and his requisitions stringent. It would ill become me to
complain of this circumstance. The President was guided by his sense of duty
and justice, but he held out to me very slender grounds for expecting any
concession or abatement from the naked and literal construction placed on
the Clayton-Bulwer Treaty by his predecessors. While I spoke of the general
tenour of the American construction,” and used words of a similar import, he
entrenched himself upon the “ plain” and “ precise" terms “according to the
- American interpretation.” This was especially apparent to me during my
second interview with the President, in which he seemed to insist that the
Bay Islands should be restored to Honduras “in the condition in which they
were when Colonel Macdonald took possession of them;" and intimated that
the vested interests of British subjects might be well protected after the cession
by the usual diplomatic intervention of Her Majesty's Government. With
reference to the Belize frontier, too, the President held out no distinct view of
taking the same ground as the Treaty of 1856, or making any approximation
to the views of Her Majesty's Government beyond the benevolent but general
declaration that “if the Bay Islands were frankly and handsomely evacuated,
such a measure would have a great effect with him and with the American
people.”
: The President expressed no desire to avail himself of the visit of Sir William
Ouseley at Washington; though speaking of him with esteem and regard, did
not offer any co-operation, and expressed on that occasion no hopes of his
success. I left the presence of the President impressed, as I have said, with his
personal kindness, but with the discouraging apprehension, subsequently imparted
to Her Majesty's Government, that the mission of Sir William might not be
supported; and I concluded that the President had in his mind some other way
of settlement more agreeable to his own convictions connected with the eventual
dissolution of the Clayton-Bulwer Treaty. If I had the misfortune to misinter-
pret the views of the President, I can only express my regret that I did so. If
the American Cabinet, as may be inferred from your expressions, be well disposed
towards Sir William Ouseley's mission, and will meet Her Majesty's Govern-
ment in a liberal spirit on matters of secondary moment, that mission may still
conduct us to a happy termination. I need not tell you, at least, that my
personal opinions have been deeply enlisted on behalf of this design.
The official version of Sir William Ouseley's mission having been imparted
to the American Cabinet on the 30th of November, and the Presidential Message
having been delivered to Congress on the 8th of December, the prospects of Sir
William Ouseley's mission did not appear very auspicious. The peace of
Central America was threatened by a band of adventurers from the United
States; a negotiation was in progress between the United States and Nicaragua,
which, it was feared, might prove to be irreconcileable with the views of England,
and I learned from personal conference with yourself that the statement of Sir
William Ouseley's powers, especially with reference to the Bay Islands, was not
deemed sufficiently explicit by the United States' Government.
Some suspension took place. I addressed my Government with a view to
obtaining further explanations and instructions, and I informed you that it was
not my desire to press for an official reply to the overtures of the Earl of
Clarendon, pending an answer from London. In this declaration I committed
. an error. I overlooked something due to forms in my anxiety to promote a
clearer understanding. My conduct did not obtain the approval of the Earl of
Clarendon, and I eventually learnt in an official shape that Her Majesty's Govern-
ment, following their better judgment, desired, before making any further com:
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munication, a reply to their overtures, and especially to that part of them
referring to arbitration, a matter on which I shall touch further on.
I imparted this intelligence to you verbally, expressed my regret that I had
held out expectations which proved unfounded, and which had prompted delay;
and, finally, I addressed an official letter to you on the 15th of February, asking
for an answer to our proposals.
For the subsequent delay from the 15th of February to the 6th of the
present month, there is, no doubt, valid cause, with the exact nature of which I
am unacquainted, but which, as I have stated, by your desire, to my Govern-
ment, does not infer any want of respect for their wishes.
The discussion has been deferred, but the interests at stake have probably
not suffered. The results of the negotiation between Nicaragua and the United
States are not yet disclosed, and it is probable that Sir William Ouseley may
proceed to his destination with more advantage when the nature of those engage-
ments is fully defined.
It may now be fitting for me to allude to the proposal made by Her
Majesty's Government to refer the questions at issue under the Clayton-Bulwer
Treaty to arbitration. Her Majesty's Government will regret to observe that
this offer was received with some dissatisfaction by the Government of the United
States, and that it has been definitively declined. The expedient of arbitration
was, it is true, suggested and rejected at an earlier period, but you will remember
that the relations of the European Powers were much less propitious then than
now. At that time Great Britain and France were engaged in hostilities against
Russia, and the position of Her Majesty's Government in respect to other States
was not such as to offer much encouragement in the selection of a referee.
The general peace being happily restored, an opportunity was thus opened
for the exercise of that impartiality and deliberation which was so necessary in a
decision of the kind contemplated. Her Majesty's Government flattered them-
selves that the Government of the United States might not have irrevocably
decided against this measure.
You will also recognize that the proposal which I had the honour to
transmit to you on the 30th of November was not identical in sense with the
former overtures for the same object, whether made in London, or verbally by
me to you.
Her Majesty's Government, in their last communication, left the free
selection of the arbiter to the Government of the United States, a fact which
may well be marked in illustration of the spirit of conciliation by which they were
animated.
Had the mission of Sir William Ouseley being officially defined to the
Government of the United States, and had the character of his instructions been
recognized by them as affording a satisfactory basis of settlement, this offer of
arbitration, though most consonant to the views of Her Majesty's Government,
might not have been recommended for adoption.
In the uncertainty attending the outset of Sir William Ouseley's mission,
and while making to the American Cabinet the first official explanation of his
powers, it was thought advisable to renew the offer of arbitration as an alternative
of action.
As you have touched in your note upon certain conversations which I have
held with you respecting the l'evocation of the Clayton-Bulwer Treaty, I think it
right to place on record here the manner and the motives in which these conver-
sations originated. It has long since been apparent to Her Majesty's Govern- r
ment that a strong desire prevailed in the United States for the dissolution of
the Treaty of 1850. This impression has been conveyed to Her Majesty's
Government from many quarters. If I may be permitted to invoke the name
of the President, I may say that he has expressed himself on various occasions
as convinced that the Treaty in question has proved a bar instead of a help to a
good understanding between England and America. That opinion was enforced
in the very conversations to which you have alluded; and it was largely stated in
the Message delivered to Congress in December last, The same inpression is, I
understand, shared by members of the present Cabinet.
In the various conversations which I have held with you on these matters,
this persuasion was still transparent that the Clayton-Bulwer Treaty should be
l'evoked. I have understood you to say that it had better be done simply,
without conditions, and that the two nations should stand free of engagements
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which were onerous to the people of America, and which had been assumed on
an impression that the Government of Great Britain attached a very different
sense to them than proved to be the case. .
This hostility to the Clayton-Bulwer Treaty has been warmly entertained
by many leading statesmen in Congress: it has been professed by many of the
influential journals ; it has become almost an article of creed with the most
zealous adherents of the great Democratic party now in power.
With reference to the abrogation of this Treaty we have been less informed.
I am not aware that any diplomatic overture has ever been made here or in
London for the dissolution of the compact. The President, in his late Message,
simply intimated that it might be done, or might have been done, by “mutual
consent.” Others, less wise and less friendly, have advised an abrogation by
legislative enactment.
In regard to the views which you have conveyed to me respecting the
removal of the Treaty of 1850, I need not say that I have never regarded them in
the light of official declarations. They have been expressed accidentally,
familiarly, as a matter of personal impression, not as the reflection of any resolu-
tion on the part of the President or Cabinet. I do not know that the Govern-
ment of the United States are debarred by any existing engagements from
preserving the Treaty, or offering or accepting any conditions which might be
attached to its revocation:
The impression that the Clayton-Bulwer Treaty has become generally
obnoxious prompted Her Majesty's Government to sanction an intimation to
the Cabinet of the United States that an overture for its dissolution would not
be declined. This intimation could not be made in the usual official forms
while the American Government had under consideration proposals of a different
character ; but it was supposed that in their reply to those proposals the
Cabinet of the United States might insert an offer for the abrogation, and I felt
myself justified in opening the matter to you, and in bringing the manner in
which the dissolution might be eventually effected under an informal and prelimi-
nary discussion.
I thought that, from the very first, I had made it perfectly clear that I could
only speak for Her Majesty's Government in so far as regarded their willingness
to give their attention to any suggestion which the United States might offer.
I certainly intended to convince you that such was the case. As the Govern-
ment of the United States do not consider the present occasion opportune for
entering upon this affair, I content myself with saying that the observations and
opinions conveyed by me, and of which the sense does not appear to have been
exactly understood, were entirely personal, were designed to be suggestive, and
introductory to an ampler discussion, and that they do not in any way commit
the Government which I represent.
I now take leave of this subject, with regret that I have found it necessary
to introduce a reference to the President more frequently than is usual in official
correspondence, though, I trust, in a manner due to his exalted station and
friendly intentions.
Her Majesty's Government will learn, by communications transmitted to
them, that the exposition of the powers entrusted to Sir William Ouseley offered
in my note of November 30th is not sufficiently explicit to enable the Govern-
ment of the United States to afford that Minister their assistance and co-opera-
tion in the prosecution of his negotiations. It remains with Her Majesty's
Government to determine whether they can afford the more perfect information
desired.
I can only add the expression of my hope that the decision of Her Majesty's
Government will conduce to a final adjustment of the Central American contro-
versy.
I have, &c.
(Signed) NAPIER.
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No. 61.
Consul Green to the Earl of Malmesbury.---(Received May 31.)
My Lord,
Greytown, May 4, 1858.
J BEG leave to forward to your Lordship copies of a communication which
I have felt it my duty to make to Her Majesty's Minister at Washington
relating to the attempt that has been made on the part of Colonel Kinney and
his associates to substitute the Nicaraguan flag for that of Mosquito at Greytown,
and appointing himself Civil and Military Governor.
I have, &c.
(Signed) JAMES GREEN.
Inclosure 1 in No. 61.
Consul Green to Lord Napier.
(Extract.)
Greytown, Mosquito, May 4, 1858.
I FORWARD, for your Lordship's information, some documents which
explain the circumstances of a disgraceful scene that has taken place' here within
the last few days, and which will give your Lordship further evidence of how
desirable it is that the question of territory, as regards Greytown, should be
arranged.
I have not myself been a witness of what has occurred here, as I have
been compelled to be absent for a few weeks to recruit my health, and returned
to my post only yesterday. The report, however, of Mr. Vice-Consul Paton,
with the accompanying documents, will explain to your Lordship all that has
transpired.
Inclosure 2 in No. 61. .
Vice-Consul Paton to Consul Green.
(Extract.)
Greytown, May 1, 1858.
I BEG leave to communicate to you that, during your absence, Colonel
Kinney and his associates have returned to Greytown, and have committed
outrages of a very serious character in attempting the overthrow of the Local
Government and substituting the Nicaraguan for the Mosquito flag, but I am
glad to say that their designs have been frustrated by the active and decided
measures of the Local authorities, and aided by the inhabitants generally.
9
No. 62.
Mr. Hammond to the Secretary to the Admiralty.
(Extract.)
Foreign Office, June 8, 1858.
. I AM directed by the Earl of Malmesbury to transmit to you herewith
a despatch and its inclosures from Her Majesty's Consul in Mosquito, *
containing an account of an attempt recently made by. Colonel Kinney to seize
Greytown, on a pretended delegation from the Republic of Nicaragua.
The attempt was defeated by the firmness of the local authorities. But as
these attempts may be renewed, and retard a settlement of the questions
relating to Greytown and Mosquito generally, which Her Majesty's Government
are most anxious to effect, Lord Malmesbury would recommend to the Lords
Commissioners of the Admiralty that when the other demands on the services
of the West India squadron will admit of such an arrangement, Greytown should
continually be visited by a ship-of-war of considerable force, whose presence
might deter such persons as Colonel Kinney from attempting to usurp authority
in Greytown, and might support and countenance the Local Government in
upholding their authority until such time as a definitive arrangement of the
Mosquito question, involving as that would do the fate of Greytown, can be
brought about.
TY
12
* No. 61.
99
· No. 63.
The Earl of Malmesbury to Lord Napier.
My Lord,
Foreign Office, June 9, 1858.
WITH reference to the recent attempt of Colonel Kinney to seize Greytown,
culars of which Mr. Green, Her Majesty's Consul at Greytown, states
that he has forwarded to your Lordship, I transmit to you herewith, for your
information, a copy of a letter which I have caused to be addressed to the
Board of Admiralty recommending that the port of Greytown should frequently
be visited by one of Her Majesty's ships of war. *
I am, &c.
(Signed) MALMESBURY.
No. 64.
The Earl of Malmesbury to Sir W. G. Ouseley.
(Extract.)
Foreign Office, July 15, 1858.
I HAVE to acquaint you that Her Majesty's Government have determined
that you should proceed forthirith to Central America, and you will accordingly
inake your preparations for leaving Washington on the receipt of your instruc-
tions, which will be sent to you by the mail of the 23rd instant.
Your business in Central America will be confined to effecting a settlement
with Guatemala, in regard to the boundaries of British Honduras, and an arrange-
ment with Nicaragua, and with the Republic of Honduras, in regard to the
Mosquito territory. But you will have no commission to treat with the Govern-
ment of Honduras in regard to the Bay Islands.
You will, to the best of your ability, encourage and support the views of
the Company of British capitalists now engaged in promoting the Interoceanic
Railway through Honduras.
A gentleman will be sent out to act as your secretary.
No. 65.
Lord Napier to the Earl of Malmesbury.
vy
(Extract.)
Washington, July 28, 1858.
ABOUT the time when M. Belly's proceedings in Central America were
attracting a great deal of attention in this country, General Cass, while comment-
ing upon that subject, took occasion also to make some remarks respecting the
terms on which the pending controversies between England and the United
States, in the same quarter, might be adjusted.
Referring to Sir William Ouseley's mission, and the means which it afforded
of settling the matters at issue, the Secretary of State remarked that the differ-
ence between the two Governments was very slight. If the Bay Islands were
frankly transferred to Honduras in full sovereignty, and if the Mosquito Protec-
torate were abandoned (which was contemplated by the Dallas-Clarendon Treaty),
it is not probable that the Government of the United States would make a
difficulty about the frontier of British Honduras.
So far I thought the language of General Cass satisfactory, and I hoped
that his declaration, though guarded, might be made the basis of a useful
communication to Her Majesty's Government. General Cass, however, unfor-
tunately added, After these arrangements were made, then the Clayton-Bulwer
Treaty might be dissolved.
These observations were reiterated on two occasions ; and, since my return
to Washington on the 25th instant, General Cass, on my referring to the subject,
has again spoken in the same sense.
I have stated to General Cass, in reply, that the concessions contemplated
by Her Majesty's Government to the Central American States, and committed
* No. 62,
100
to Sir William Ouseley's mission, were based on the supposition that the stipula-
tions of the Clayton-Bulwer Treaty were to remain, and be the future rule of the
relations of the two countries in Central America; that if we gave up our posses-
sions, we would keep the Treaty: it could not be expected we should give up
our possessions and our Treaty too. I was, therefore, much disappointed to
hear him propose the abrogation of the Treaty as a corollary to the concessions
conveyed by Sir W. Ouseley's mission.
General Cass replied, that the Treaty was obnoxious to the American
people, and an impediment to a cordial understanding between the two countries.
It ought to be got rid of, if possible.
On the last occasion referred to, I expressed a desire to know what he
proposed to substitute for the Treaty.
General Cass said that, until an answer more clearly explanatory of the
objects of Sir William Ouseley's mission should be obtained, he could not make
any declaration on that point, or enter into a discussion upon it.
Although I do not anticipate that these conversations can be of much service
to your Lordship in reviewing the posture of our affairs in Central America, as
they had nothing official or conclusive in them, still I have thought it right to
recapitulate the substance of them to your Lordship, at a time when an occasion
is offered for taking the whole subject into renewed consideration.
AUIC.
P.S.--I have read the preceding letter to General Cass this morning. He
states that the substance of our conversation is correctly reported; and I add,
under his dictation, the following paragraph :-
In case the arrangement indicated above be made by Her Majesty's Minister
with the Central American States, and the Clayton-Bulwer Treaty be abrogated
by mutual agreement, in a Convention, he foresaw no objection to a new Treaty-
stipulation providing for the unobstructed use of the transit routes to all the
world, on equal terms in every respect, into whosesover possession the adjacent
country might fall.
No. 66.
The Earl of Malmesbury to Sir W. G. Ouseley.
Sir,
Foreign Office, August 9, 1858.
I HAVE to convey to you the following instructions for the guidance of
your proceedings in Central America.
You will, at the earliest practicable moment, proceed to Nicaragua, with
regard to which Republic, and the Republic of Costa Rica, Her Majesty's
Government for the present confine their instructions.
After you shall have delivered your credentials to the President, and
explained in general terms the object of your mission, you will state that you are
directed to negotiate with the Republic two Treaties--the one a Treaty of
Friendship, Commerce, and Navigation; the other a Treaty relative to the
Mosquito Indians, and to the rights and claims of British subjects.
I transmit to you printed copies of the drafts which you will propose to the
Nicaraguan Government.
With regard to the Draft of Treaty of Friendship, Commerce, and Naviga-
tion, I may observe that Articles I to XIX contain the customary stipulations for
establishing, on a liberal basis, relations of friendship and commerce between the
two countries, and are, mutatis mutandis, identical with the corresponding
Articles of the Treaty concluded on the 27th of August, 1856, between Her
Majesty and the Republic of Honduras, of which I inclose some printed copies.
After Article XIX there follow seven Articles (XX to XXVI) relative to the
right of transit across the Isthmus. These Articles are, with one or two slight
additions, adopted, mutatis mutandis, from the Treaty signed at Washington on
the 16th of November last, by Mr. Yrissari and General Cass. The passages
added by Her Majesty's Government, are:-
Ist. A clause at the end of Article XX, stipulating that Great Britain shall,
in regard to the transit and the rates of transit, enjoy whatever rights and
privileges are, or may be, granted to, or allowed to be enjoyed by, the most
favoured nation. This provision seems necessary, because it may happen that on
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.
the Isthmus of Nicaragua, as is at present the case on the Isthmus of Panamá, a .
foreign nation may be suffered de facto to enjoy even greater privileges than are
granted by law to native citizens.
2ndly. A clause at the end of Article XXI, to secure the right of passage
with the British mails, of any messenger sent in charge of the same.
. Article XXVII prescribes seven years as the period of fixed duration of the
Treaty, but Her Majesty's Government would not object to extend that term if
an extension should be desired by the Nicaraguan Government. The term
should not, however, in any case exceed twenty years, which is the term fixed
for the duration of the Treaty between Nicaragua and the United States of the
16th of November last.
You will perceive that all that is promised in the Draft of Treaty on the
part of Her Majesty's Government, in regard to the interoceanic route, is to
extend protection thereto, and to guarantee its neutrality. You will on no
account entertain any proposition for extending the scope of these engagements ;,
for Her Majesty's Government could not, under any circumstances, undertake to!
guarantee the sovereignty and property of Nicaragua over the Isthmus.
The Draft of Treaty relative to the Mosquito Indians, and to the rights and
claims of British subjects, is in almost all respects to the same purport as the
arrangements contained in the Clarendon-Dallas Treaty. Though that Treaty
was not ratified, and consequently is not binding on Her Majesty's Government,
they have thought it convenient to adopt its arrangements. Some slight altera-
tions have, however, been made, which you will discover on comparing the
draft with the printed copy of the Clarendon-Dallas Treaty, which I inclose. In
some instances these alterations necessarily result from the conversion of the
Articles of the Clarendon-Dallas Treaty into a Treaty between Great Britain and
the Republic of Nicaragua; in other instances they appear to Her Majesty's
Government to be expedient for the sake of simplicity and clearness. One
important deviation from the Clarendon-Dallas Treaty has, however, been made
in the Draft, namely, the omission of the stipulation that Greytown shall be a
free city as well as a free port. The change has been made because Her
Majesty's Government believe that this arrangement will secure greater safety
for Central America against the establishment of filibusters at the extremities of
the transit route, and also with a view to render the proposed Treaty more
acceptable to the Government of Nicaragua; and Her Majesty's Government
trust that it will be duly appreciated, and that no difficulty will be made by the
Nicaraguan Government in regard to the municipal arrangements stipulated in
favour of the city by the paragraphs (a) to (c) of Article III of the Draft.
An Article has been inserted, binding Her Majesty's Government to use
their best exertions to induce the Mosquito King to accept the arrangements
made by the Treaty on his behalf.
While Her Majesty's Government must insist upon the maintenance of
those arrangements which stipulate for making Greytown a free port, for the
setting apart of a territory for the Mosquito Indians, and for their right of self-
government, in contradistinction to their being absorbed into the Republic of
Nicaragua, Her Majesty's Government would not go so far as absolutely to insist
upon every detail of arrangement contained in Articles II and III of the Draft,
the exact value or bearing of which upon the main questions it is not easy for
Her Majesty's Government to appreciate. They desire to see a territory secured
for the Mosquito Indians, and to have their freedom of internal government
effectually provided for, and guarded from foreign influence, leaving the question
of ultimate incorporation with the Republic of Nicaragua as a matter for
voluntary arrangement between the two parties hereafter; and they cannot
consent to any change in the arrangements of the Draft which should imperil
these main objects of the proposed Treaty.
Her Majesty's Government cannot doubt the desire of the Government of
Nicaragua to come to a fair and liberal arrangement in regard to the amount of
pecuniary compensation to be granted to the Mosquito Indians in consideration
of the relinquishnient of their interest in the territory heretofore claimed by
them, and which by the stipulations of the Treaty would be declared to be
within the limits of the Republic. Nor can Her Majesty's Government doubt
that the Government of the Republic will be desirous to co-operate with them in
the investigation and decision of all grants of lands lying beyond the territory to
be reserved to the Mosquito Indians; and the method proposed in the Draft of
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Treaty for determining these matters, as well as for setting out the limits of the
territory to be reserved for the Indians, appears to Her Majesty's Govern-
ment such as will secure a prompt and impartial decision in regard to these
matters.
I am, &c.
(Signed) MALMESBURY.
INT
Inclosure 1 in No. 66.
Draft Treaty of Friendship, Commerce, and Navigation, between Her Majesty and
the Republic of Nicaragua.
HER Majesty the Queen of the United Kingdom of Great Britain and
Ireland, and the Republic of Nicaragua, being desirous to maintain and improve
the relations of good understanding which happily subsist between them, and to
promote the commercial intercourse between their respective subjects and
citizens, have deemed it expedient to conclude a Treaty of Friendship, Commerce,
and Navigation, and have for that purpose named as their respective Plenipo-
tentiaries, that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Sir William Gore Ouseley, Knight Commander of the Most Honourable
Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister
Plenipotentiary on a special mission to the Republics of Central America;
And His Excellency the President of the Republic of Nicaragua,
Who, after having communicated to each other their respective full powers,
found in good and due form, have agreed upon and concluded t
Articles :
ARTICLE J.
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland recognizes the sovereignty and independence of the Republic of Nicaragua.
Consequently, there shall be a perfect, firm, and inviolable peace and sincere
friendship between Her Britannic Majesty and the Republic of Nicaragua, in all
the extent of their possessions and territories, and between their subjects and
citizens, respectively, without distinction of persons or places.
S.
ARTICLE II.
The two High Contracting Parties being desirous of placing the commerce
and navigation of their respective countries on the liberal basis of perfect equality
and reciprocity, mutually agree that the citizens of each may frequent all the
coasts and countries of the other, and reside therein, and shall have the power to
purchase and hold all kinds of property which the laws of the country may
permit any foreigners, of whatever nation, to hold, and to engage in all kinds of
trade, manufactures, and mining, upon the same terms with native subjects or
citizens. They shall enjoy all the privileges and concessions in these matters
which are or may be made to the subjects or citizens of any country; and shall
enjoy all the rights, privileges, and exemptions, in navigation, commerce, and
manufactures, which native subjects or citizens do or shall enjoy, submitting
themselves to the laws there established, to which native subjects or citizens are
subjected.
The ships of war and post office packets of each Contracting Party respec-
tively, shall have liberty to enter into all harbours, rivers, and places within the
territories of the other, to which the ships of war and packets of other nations
are or may be permitted to come; to anchor there, and to remain and refit ;
subject always to the laws of the two countries respectively.
The High Contracting Parties further engage that neither will grant any
favour to any other nation, in respect of commerce and navigation, which shall
not immediately become common to the other Contracting Party.
ARTICLE III.
The High Contracting Parties agree that, in regard to the coasting trade,
the ships, subjects, and citizens of each shall enjoy, in the dominions and terri-
103
tories of the other, the same privileges, and shall be treated in all respects in the
same manner, as national vessels, and as native subjects and citizens.
TOT
ARTICLE IV.
The Contracting Parties likewise agree, that whatever kind of produce,
manufacture, or merchandize can be, from time to time, lawfully imported into
the British dominions in British vessels, may also be imported in vessels of the
Republic of Nicaragua; and that no higher or other duties upon the vessel or
upon her cargo shall be levied and collected, whether the importation be made
in vessels of the one country or of the other; and in like manner, that whatever
kind of produce, manufacture, or merchandize can be from time to time lawfully
imported into the Republic of Nicaragua in its own vessels, may be also imported
in British vessels; and that no higher or other duties upon the vessel or upon her
cargo shall be levied or collected, whether the insportation be made in vessels of
the one country or of the other.
And they further agree, that whatever may be lawfully exported or re-exported
from the one country in its own vessels to any foreign country, may in like
manner be exported or re-exported in the vessels of the other country; and
that the same bounties, duties, and drawbacks shall be allowed and collected,
whether such exportation or re-exportation be made in British vessels or in
vessels of the Republic of Nicaragua.
ARTICLE V.
No higher or other duties shall be imposed on the importation into the
British dominions of any article the growth, produce, or manufacture of the
Republic of Nicaragua, and no higher or other duties shall be imposed on the
importation into the Republic of Nicaragua, of any article the growth, produce
or manufacture of the British dominions, than are or shall be payable on the
like article being the produce or manufacture of any other foreign country. Nor
shall any higher or other duties or charges be imposed, in either of the two
countries, on the exportation of any article to the territories of the other, than
such as are payable on the exportation of the like article to any other foreign
country.
. No prohibition shall be imposed upon the importation of any article
the growth, produce, or manufacture of the territories of either of the two
Contracting Parties into the territories of the other, which shall not equally
extend to the importation of the like article, being the growth, produce, or manu-
facture of any other country; nor shall any prohibition be imposed on the
exportation of any article from the territories of either of the two Contracting
Parties to the territories of the other, which shall not equally extend to the
exportation of the like article to the territories of all other nations.
V
ARTICLE VI.
No duties of tonnage, harbour, pilotage, lighthouse, quarantine, or other
similar or corresponding duties, of whatever nature, or under whatever denomi-
nation, levied in the name or for the profit of the Government, public func-
tionaries, corporations, or establishments of whatever kind, shall be imposed in
the ports of either country upon the vessels of the other country, which shall
not be equally imposed in the like cases on national vessels.
ARTICLE VII.
In order to prevent the possibility of any misunderstanding, it is hereby
declared that the stipulations contained in the preceding Articles are, to their
full extent, applicable to British vessels and their cargoes arriving in the ports
of Nicaragua, and reciprocally to the vessels of the said Republic and their
cargoes arriving in British ports, whether they proceed from the ports of the
country to which they respectively belong, or from the ports of any other foreign
country; and, in either case, no discriminating duty shall be imposed or collected
in the ports of either country, on the said vessels or upon their cargoes, whether
such cargoes shall consist of native or of foreign produce or manufacture.
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ARTICLE VIII.
All vessels which, according to the laws of Great Britain, are to be deemed
British vessels, and all vessels which, according to the laws of the Republic of
Nicaragua, are to be deemed vessels of that Republic, shall, for the purposes of
this Treaty, be deemed British vessels and vessels of Nicaragua respectively.
ARTICLE IX.
It is likewise agreed, that it shall be wholly free for all merchants,
commanders of ships, and other subjects or citizens of both countries, to manage,
by themselves or agents, their own business in all the ports and places subject
to the jurisdiction of each other, as well with respect to the consignments and
sale of their goods and merchandize, by wholesale or retail, as with respect to
the loading, unloading, and sending off their ships; they being, in all these cases,
to be treated as subjects or citizens of the country in which they reside or are
conducting their business, and to be subject to the laws of that country.
ARTICLE X.
Whenever the citizens of either of the Contracting Parties shall be forced
to seek refuge or asylum in the rivers, bays, ports, or dominions of the other,
with their vessels, whether merchant or of war, public or private, through stress
of weather, pursuit of pirates or enemies, or want of provisions or water, they
shall be received and treated with humanity, and all favour and protection shall
be given to them for repairing their ships, procuring provisions, and placing
themselves in a situation to continue their voyage without obstacle or hindrance
of any kind.
ARTICLE XI.
ny ship of war or merchant-vessel of either of the High Contracting
Parties should be wrecked on the coasts of the other, such ship or vessel, or
any parts thereof, and all furniture and appurtenances belonging thereunto, and
all goods and merchandize which shall be saved therefrom, or the produce
thereof, if sold, shall be faithfully restored to the owners, upon being claimed
by them or by their duly authorized agents; and if there are no such owners or
agents on the spot, then the said ships or parts of ships, furniture, appurtenances,
goods, and merchandize, or the proceeds thereof, if sold, as well as all the papers
found on board such wrecked ship or vessel, shall be delivered to the British
Consul or Vice-Consul, or to the Consul or Vice-Consul of the Republic of
Nicaragua in whose district the wreck may have taken place, upon being
claimed by him; and upon payment by such Consul, Vice-Consul, owners, or
agents, of only the expenses incurred in the preservation of the property, and of
the salvage or other expenses which would have been payable in the like case of
a wreck of a national vessel. The charge for such salvage or other expenses
shall be made and settled immediately, subject to such right of appeal on the
part of the person paying the same as may exist in the respective countries.
The goods and merchandize saved from the wreck shall not be subject to duties,
unless cleared for consumption; in which case they shall be liable only to the
same duties as if they had been imported in a national vessel.
ARTICLE XII.
The subjects and citizens of either of the two Contracting Parties in the
territories of the other shall be at full liberty to acquire, possess, and dispose of,
whether by purchase, sale, donation, exchange, marriage, testament, succession
ab intestato, or in any other manner whatever, every description of property
which the laws of the country may permit any foreigners, of whatsoever nation,
to hold. Their heirs and representatives may succeed to and take possession of
such property, either in person or by agents acting on their behalf, in the
ordinary form of law, in the same manner as subjects or citizens of the country ;
and in the absence of such heirs and representatives, the property shall be
treated in the sanie manner as the like property belonging to a subject or citizen
of the country under similar circumstances.
105
In none of these respects shall they pay upon the value of such property
any other or higher impost, duty, or charge, than is payable by subjects or
citizens of the country. In every case the subjects and citizens of the Contract-
ing Parties shall be permitted to export their property, or the proceeds thereof;
British subjects from the territory of Nicaragua, and Nicaraguan citizens from
the British territory, freely, and without being subjected on such exportation to
pay any duty as foreigners, and without having to pay any other or higher duties
than those to which subjects or citizens of the country are liable.
ARTICLE XIII.
Both Contracting Parties promise and engage formally to give their special
protection to the persons and property of the subjects or citizens of each other,
of all occupations, who may be in the territories subject to the jurisdiction of one
or the other, transient or dwelling therein, leaving open and free to them the
tribunals of justice, for their judicial recourse, on the same terms which are
usual and customary with the native subjects or citizens of the country; for
which purpose they may either appear in proper person, or employ, in the
prosecution or defence of their rights, such advocates, solicitors, notaries,
agents, and factors as they may judge proper, in all their trials at law; and such
citizens or agents shall have free opportunity to be present at the decisions or
sentences of the tribunals in all cases which may concern them, and shall enjoy
in such cases all the rights and privileges accorded to native subjects or citizens.
ARTICLE XIV.
In the event of any subject or citizen of either of the two Contracting
Parties dying without will or testament in the dominions or territories of the
other Contracting Party, or in the absence of lawful heirs or representatives, the
Consul-General, Consul, or Acting Consul of the nation to which the deceased
may belong, shall, so far as the laws of each country will permit, have the right
to take possession and charge of the property which the deceased may have left,
for the benefit of his lawful heirs and creditors, giving immediate notice of the
death to the authorities of the country.
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1
ARTICLE XV.
The subjects of Her Britannic Majesty residing in the Republic of
Nicaragua, and the citizens of the Republic of Nicaragua residing in the
dominions of Her Britannic Majesty, shall be exempted from all compulsory
military service whatsoever, whether by sea or land, and from all forced loans,
or military exactions or requisitions; and they shall not be compelled, under
any pretext whatsoever, to pay any ordinary or extraordinary charges, requisi-
tions, or taxes, other or higher than those that are or may be paid by native
subjects or citizens.
ARTICLE XVI.
It is agreed and covenanted that neither of the High Contracting Parties
shall knowingly receive into, or retain in, its service, any subjects or citizens of
the other Party who have deserted from the naval or military service of that
other Party ; but that, on the contrary, each of the Contracting Parties shall
respectively discharge from its service any such deserters, upon being required
by the other Party so to do.
And it is further agreed, that if any of the crew of any merchant-vessel of
either Contracting Party shall desert from such vessel within any port in the
territory of the other Party, the authorities of such port and territory shall be
bound to give every assistance in their power for the apprehension of such
deserters, on application to that effect being made by the Consul of the Party
concerned, or by the deputy or representative of the Consul: and any person
protecting or harbouring such deserters shall be liable to punishment.
ARTICLE XVII.
British subjects residing in the territories of the Republic of Nicaragua
shall enjoy the most perfect and entire liberty of conscience, without being
annoyed, molested, or disturbed on account of their religious belief. Neither
106
shall they be annoyed, molested, or disturbed, in the proper exercise of their
religion, in private houses, or in the chapels or places of worship appointed for
that purpose, provided that in so doing they observe the decorum due to Divine
worship, and the respect due to the laws of the country. Liberty shall also be
granted to bury British subjects who may die in the territories of the Republic
of Nicaragua, in convenient and adequate places, to be appointed and established
by themselves for that purpose, with the knowledge of the local authorities, or
in such other places of sepulture as may be chosen by the friends of the
deceased ; nor shall the funerals or sepulchres of the dead be disturbed in any
wise or upon any account.
In like manner, the citizens of Nicaragua shall enjoy within the dominions
of Her Britannic Majesty a perfect and unrestrained liberty of conscience, and
of exercising their religion publicly or privately, within their own dwelling-
houses, or in the chapels or places of worship appointed for that purpose,
agreeably to the laws of those dominions.
ARTICLE XVIII.
For the better security of commerce between the subjects and citizens of
the two High Contracting Parties, it is agreed that if at any time any rupture,
or any interruption of friendly intercourse, should unfortunately take place
between the two Contracting Parties, the subjects or citizens of either of them,
established in the territories of the other, who may reside upon the coasts, shall
be allowed six months, and those who may reside in the interior a whole year, to
wind up their accounts and to dispose of their property; and a safe-conduct shall
be given to them to embark at the port which they themselves shall select. The
subjects or citizens of either of the two Contracting Parties who may be estab-
lished in the dominions or territories of the other, in the exercise of any trade of
other occupation or employment, shall be allowed to remain and continue in the
exercise of the said trade or occupation, notwithstanding the interruption of
friendship between the two countries, in the free enjoyment of their personal
liberty and property, so long as they behave peaceably and observe the laws;
and their goods and effects, of whatever description they may be, whether in
their own custody or entrusted to individuals or to the State, shall not be liable
to seizure or sequestration, or to any other charges or demands than those which
may be made upon the like effects or property belonging to native subjects or
citizens. In the same case, debts between individuals, public funds, and the
shares of Companies, shall never be confiscated, sequestered, or detained.
ARTICLE XIX.
It shall be free for each of the two Contracting Parties to appoint Consuls
for the protection of trade, to reside in the dominions and territories of the
other Party ; but before any Consul shall act as such, he shall, in the usual
form, be approved and admitted by the Government to which he is sent; and
either of the Contracting Parties may except from the residence of Consuls such
particular places as either of them may judge fit to be excepted.
The Diplomatic Agents and Consuls of each of the two High Contracting
Parties in the dominions or territories of the other, shall enjoy whatever
privileges, exemptions, and immunities are or shall be granted there to Agents
of the same rank belonging to the most favoured nation.
ARTICLE XX.
The Republic of Nicaragua hereby grants to Great Britain, and to British
subjects and property, the right of transit between the Atlantic and Pacific
Oceans, through the territories of that Republic, on any route of communication,
natural or artificial, whether by land or water, which may now or hereafter exist
or be constructed under the authority of Nicaragua, to be used and enjoyed in
the same manner and upon equal terms by both parties, and their respective
subjects and citizens; the Republic of Nicaragua, however, reserving its right of
sovereignty over the same: and, generally, the Republic of Nicaragua engages
to grant to. Great Britain and to British subjects the same rights and privileges,
in all respects, in regard to the transit and the rates of transit, which are or may
be granted to, or allowed to be enjoyed by, the most favoured nation.
107
ARTICLE XXI.
:: Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland hereby agrees to extend her protection to all such routes of communica-
tion as aforesaid, and to guarantee the neutrality of the same. Her Britannic
Majesty also agrees to employ her influence with other nations to induce them
to guarantee such neutrality and protection.
And the Republic of Nicaragua, on its part, undertakes to establish two free
ports, one at each of the extremities of the communication aforesaid, on the
Atlantic and Pacific Oceans. At these ports no tonnage or other duties shall be
imposed or levied by the Government of Nicaragua on the vessels of Great Britain,
or on any effects or merchandize belonging to subjects of Great Britain, or of any
other country, intended bona fide for transit across the said route of communica-
tion, and not for consumption within the Republic of Nicaragua. Her Britannic
Majesty shall also be at liberty to carry troops and munitions of war, in her own
vessels or otherwise, to either of the said free ports, and shall be entitled to their
conveyance between them, without obstruction by the authorities of Nicaragua,
and without any charges or tolls whatever for their transportation, on any of the
said routes of communication. And no higher or other charges or tolls shall be
imposed on the conveyance or transit of the persons and property of subjects of
Great Britain, or of the subjects or citizens of any other country, across the said
routes of communication, than are or may be imposed on the persons or property
of citizens of Nicaragua.
And the Republic of Nicaragua recognizes the right of the Postmaster-
General of Great Britain to enter into contracts with any individuals or
Companies to transport the mails of Great Britain along the said routes of
communication, or along any other routes across the Isthmus, in closed bags, the
contents of which may not be intended for distribution within the said Republic,
free from the imposition of all taxes or duties by the Government of Nicaragua ;
but this liberty is not to be construed so as to permit such individuals or
Companies, by virtue of this right to transport the mails, to carry also passen-
gers or freight, except any messenger deputed by the British Post-office in
charge of mails.
ARTICLE XXII.
The Republic of Nicaragua agrees that, should it become necessary at any
time to employ military forces for the security and protection of persons and
property passing over any of the routes aforesaid, it will employ the requisite
force for that purpose; but upon failure to do this for any cause whatever, Her
Britannic Majesty may, after notice to the Government of Nicaragua, or to the
Minister thereof at London or Paris, employ such force for this and for no other
purpose; and when the necessity ceases, such force shall be immediately with-
drawn.
ARTICLE XXIII.
It is understood, however, that Her Britannic Majesty, in according protec-
tion to such routes of communication, and guaranteeing their neutrality and
security, always intends that the protection and guarantee are granted condi-
tionally, and may be withdrawn if Her Britannic Majesty should deem that the
persons or Company undertaking or managing the same, adopt or establish such
regulations concerning the traffic thereupon as are contrary to the spirit and
intention of this Treaty, either by making unfair discriminations in favour of the
· commerce of any other nation or nations, or by imposing oppressive exactions
or unreasonable tolls upon mails, passengers, vessels, goods, wares, merchandize,
or other articles. The aforesaid protection and guarantee shall not, however, be
withdrawn by Her Britannic Majesty witbout first giving six months' notice to
the Republic of Nicaragua.
ARTICLE XXIV.
And it is further understood and agreed that, in any grant or contract
which may hereafter be made or entered into by the Government of Nicaragua,
having reference to the interoceanic routes above referred to, or any of them, the
rights and privileges granted by this Convention to Her Britannic Majesty and
108
to British subjects shall be fully protected and reserved; and if any such grant
or contract now exist of a valid character, it is further understood that the
guarantee and protection of Her Britannic Majesty stipulated in Article XXI of
this Treaty shall be held inoperative and void, until the holders of such grant or
contract shall recognize the concessions made in this Treaty to Her Britannic
Majesty and to British subjects with respect to such interoceanic routes, or any
of them, and shall agree to observe, and be governed by, those concessions as
fully as if they had been embraced in their original grant or contract ; after
which recognition and agreement, the said guarantee and protection shall be in
full force ; provided that nothing herein contained shall be construed either to
affirm or deny the validity of any of the said contracts.
ARTICLE XXV.
After ten years from the completion of a canal, railroad, or any other route
of communication, through the territory of Nicaragua, from the Atlantic to the
Pacific Ocean, no Company which may have constructed or be in possession of
the same shall ever divide, directly or indirectly, by the issue of new stock,
the payment of dividends, or otherwise, more than fifteen per cent. per annum,
or at that rate, to its stockholders, from tolls collected thereupon; but whenever
the tolls shall be found to yield a larger profit than this, they shall be reduced
to the standard of fifteen per cent. per annum.
ARTICLE XXVI.
It is understood that nothing contained in this Treaty shall be construed to
affect the claim of the Government and citizens of the Republic of Costa Rica to
a free passage, by the San Juan river, for their persons and property, to and
from the ocean.
ARTICLE XXVII.
The present Treaty shall remain in force for the term of seven years from
the day of the exchange of ratifications, and if neither Party shall notify to the
other its intention of terminating the same, twelve months before the expiration
of the seven years stipulated above, the said Treaty shall continue binding on
both parties beyond the said seven years, until twelve months from the time that
one of the Parties may notify to the other its intention of terminating it.
ARTICLE XXVIII.
· The present Treaty of Friendship, Commerce, and Navigation shall be
ratified, and the ratifications shall be exchanged at
as soon as
possible within
from this date.
In witness whereof the respective Plenipotentiaries have signed the same,
and have affixed thereto their respective seals.
Done at
Inclosure 2 in No. 66.
Draft Treaty between Her Britannic Majesty and the Republic of Nicaragua,
relative to the Mosquito Indians, and to the Rights and Claims of British
Subjects.
TIVO
HER Majesty the Queen of the United Kingdom of Great Britain and
Ireland, and the Republic of Nicaragua, being desirous to settle in a friendly
manner certain questions in which they are mutually interested, have resolved to
conclude a Treaty for that purpose, and have named as their Plenipotentiaries,
that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Sir William Gore Ouseley, Knight Commander of the Most Honourable
Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister
Plenipotentiary on a Special Mission to the Republics of Central America;
And his Excellency the President of the Republic of Nicaragua, &c.;
109
.
. .
.
.
.,
Who, after having communicated to each other their respective full powers,
found in good and due form, have agreed upon and concluded the following
Articles :-
ARTICLE I. -
A territory comprised within the following limits shall be set apart for the
Mosquito Indians.
The boundary line shall begin at the mouth of the River Rama in the
Caribbean Sea ; thence it shall run up the midcourse of that river to its source,
and from such source proceed in a line due west to the meridian of 84° 15'
longitude west from Greenwich ; thence due north up the said ineridian until it
strikes the River Brachma, and down the midcourse of that river to its mouth in
the sea at about latitude from 14° to 150 north, and longitude 83° west, from the
meridian of Greenwich; and thence southerly along the shore of the Caribbean
Sea to the mouth of the River Rama, the point of commencement.
The inland boundary shall be designated and marked out by two Commis-
sioners, to be appointed, one by Her Britannic Majesty, and one by the President
of the Republic of Nicaragua.
If, in making the survey for this purpose, there should be discovered any
natural boundary within fifteen English miles of the above-mentioned meridian
line, on the western side of such meridian line, and extending the whole distance
from the River Brachma to the parallel of the River Rania, it shall be the duty
of the Commissioners to report the same ; and such natural boundary shall be
adopted instead of the astronomical one.
If, in making the survey, it should be found that the due north line on the
meridian of 84° 15' longitude west from Greenwich does not strike the River
Brachma, it is agreed that the boundary shall be completed by a line to be drawn
due west from the source of the said river to the said meridian ; and that if the
Commissioners should discover any natural boundary within five English miles
north of the line to be in such case drawn due west from the source of the River
Brachma to the meridian of 84° 15' longitude west from Greenwich, it shall be
their duty to report the same; and such natural boundary shall be adopted in
preference to the due west line.
ARTICLE II.
The Mosquito Indians, confining themselves within the territory designated
by the preceding Article, shall enjoy the right to make, by their national
Council or Councils, and to carry into effect, all such laws, not inconsistent with
the sovereign rights of the Republic of Nicaragua, as they may deem necessary
for the government and protection of all persons within the same, and of all
property therein, belonging to their people or to such persons as have connected
themselves with them, or reside, or hold property within the said territory.
Their rights of property and of local government within the territory defined, as
described in the preceding Article, are hereby recognized, affirmed, and
guaranteed by the Republic of Nicaragua, and the Republic of Nicaragua stipu-
lates and engages that it will enact laws to prevent the purchase of lands from
the Mosquito Indians, and that the Republic will protect them from all inroads,
intrusions, or aggressions, along the western and northern frontier.
The Mosquito Indians shall not be able to cede their territory or rights in
the said territory to any other State without the consent of Great Britain and of
Nicaragua, by each separately expressed; it being, however, understood that
nothing shall preclude the conclusion of such voluntary compact and arrange-
ments between the Republic of Nicaragua and the Mosquito Indians, by which
the latter may be admitted to be citizens, and definitively incorporated and united
with the former.
ARTICLE III.
All the territory south of the River Wanx or Segovia, not included within
the limits of the reservation set apart for the Mosquito Indians as described in
Article I, shall, without prejudice to the rights of the Republic of Honduras, or
to any question of boundary between that Republic and the Republic of Nica-
ragua, be recognized and declared to be within the limits and sovereignty of
the Republic of Nicaragua, on the following conditions ;-
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1. The Republic of Costa Rica shall retain for its citizens the freedom of
navigation up and down the River San Juan, from its mouth to the mouth of
the Serapiqui river, with liberty to enter and quit the port of San Juan or
Greytown with their vessels, and to store their cargoes in that port, and without
in
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or public charge whatever, except for light-money and other necessary port-
charges.
2. The Republics of Nicaragua and of Costa Rica shall allow the terri-
torial disputes between them, and the limits or extension to be given to the
town of San Juan or Greytown (if the same cannot be amicably adjusted
between themselves and that town), to be settled by the arbitration of Great
Britain and some other friendly Power, who in any doubtful point shall be able
to call for the decision of a third party.
3. All bona fide grants of land for due consideration made in the name and
by the authority of the Mosquito Indians, since the 1st of January, 1848, and
lying beyond the limits of the territory reserved for said Indians, shall be
confirmed, provided the same shall not exceed in any case the extent of one
hundred yards square, if within the limits of San Juan or Greytown, or one
league square if without the same, and provided that such grant shall not
interfere with other legal grants made previously to that date by Spain, the
Republic of Central America, or either of the present States of Central America;
and provided further, that no such grant within either of the said States shall
include territory desired by its Government for forts, arsenals, or other public
buildings. This stipulation is in no manner to affect the grants of land made
previously to the 1st of January, 1848.
In case, however, any of the grants referred to in the preceding paragraph
of this section should be found to exceed the stipulated extent, the Commis-
sioners hereinafter mentioned shall, if satisfied of the bona fides of any such
grants, award to the grantee or grantees, or to his or their representatives or
assigns, an area equal to the stipulated extent. .
And in case any bona fide grant, or any part thereof, should be desired by
the Government for forts, arsenals, or other public buildings, the Government
shall compensate the holders for the same, the amount of compensation to be
assessed and determined by the said Commissioners.
4. The Republic of Nicaragua shall constitute and declare the port of
Greytown, or San Juan, a free port under the sovereign authority of the Republic,
whose inhabitants shall enjoy the following rights and immunities :-
(a.) The right to govern themselves by means of their own Municipal
Government, to be administered by legislative, executive, and judicial officers of
their own election, according to their own regulations.
(h.) Trial by jury in their own Courts.
(c.) Perfect freedom of religious belief, and of worship, public and private.
(d.) The Municipal Government shall lay no duties on goods exported
which have been conveyed across the Isthmus in transit, nor any duties on goods
imported, intended for transit across the Isthmus, or for consumption without
the city, nor any duties of tonnage on vessels, except such as may be necessary
for the police of the port and the maintenance of the necessary lighthouses and
beacons. Provided that the present condition shall not interfere with, or
prevent the levy of, a temporary duty on imports destined for consumption
without the city, for the purpose of the payment to the Mosquito Indians as
stipulated in Article IV.
(e.) Exemption from military service, except for the defence of the city,
and within the bounds of the same.
ARTICLE IV.
The Republic of Nicaragua engages that it will make the grant of freedom
to the city of Greytown or San Juan, subject to the condition that the Munici-
pality of the said city shall, as soon as organized, pass laws and ordinances levying,
by tax or duty on imports, except those intended for transit across the Isthmus,
some reasonable sum to be paid half-yearly to the Mosquito Indians by way of
annuity for a limited period, as an indemnity and compensation for their interest
in the territory recognized and declared by the first clause of Article III to be
within the limits and sovereignty of the Republic of Nicaragua,
111
ARTICLE V.
Her Britannic Majesty engages to use her best offices with the King of the
Mosquito Indians, in order to induce him to accept the arrangements in his
behalf which are contained in the preceding Articles.
ARTICLE VI.
Her Britannic Majesty and the Republic of Nicaragua shall, within six
months after the exchange of the ratifications of the present Treaty, appoint
each a Commissioner for the purpose of designating and marking out the inland
boundary separating the territory to be set apart for the Mosquito Indians, as
described in Article I of the present Treaty, from the rest of the territory of the
Republic.
They shall also appoint within the same period, each a Commissioner for
the purpose of deciding upon the bona fides of all grants of land mentioned in
section 3 of Article III of the Treaty as having been made by the Mosquito
Indians of lands heretofore possessed by them, and lying beyond the limits of the
territory described in Article I.
They shall further appoint, within the same period, each a Commissioner
for the purpose of determining the amount, the period of duration, and the time,
place, and mode of payment of the annuity to be paid to the Mosquito Indians,
according to the stipulations of Article IV of the present Treaty..
Her Britannic Majesty and the Republic of Nicaragua shall be at liberty
either to name the same person to fulfil the duties of Commissioner for all three
or for any two of the purposes above described, or to name a separate and
distinct person to be Commissioner for each purpose, as they may see fit.
ARTICLE VII.
The Commissioners mentioned in the preceding Article shall meet at such
place or places as shall be hereafter fixed, at the earliest convenient period after
they shall have been respectively named ; and shall, before proceeding to any
business, make and subscribe a solemn declaration that they will impartially and
carefully examine and decide, to the best of their judgment, and according to
justice and equity, without fear, favour, or affection to their own country, upon
all the matters referred to them for their decision; and such declaration shall be
entered on the record of their proceedings.
The Commissioners shall then, and before proceeding to any other business,
name some third person to act as Arbitrator or Umpire in any case or cases in
which they may themselves differ in opinion. Each pair of Commissioners shall
separately name the persons so to act as their Arbitrator or Umpire. If they
should not be able to agree upon the selection of such a person, the Commissioner
on either side shall name a person, and in each and every case in which the
Commissioners may differ in opinion as to the decision which they ought to give,
it shall be determined by lot which of the two persons so named shall be Arbi-
trator or Umpire in that particular case. The person or persons so to be chosen
shall, before proceeding to act, make and subscribe a solemn declaration, in a
form similar to that which shall already have been made and subscribed by the
Commissioners, which declaration shall also be entered on the record of the
proceedings. In the event of the death, absence, or incapacity of such person
or persons, or of his or their omitting, or declining, or ceasing to act as such
Arbitrator or Umpire, another person or other persons shall be named as afore-
said to act in his or their place or stead, and shall make and subscribe such
declaration as aforesaid.
Her Britannic Majesty and the Republic of Nicaragua shall engage to
consider the decision of the two Commissioners conjointly, or of the Arbitrator
or Umpire, as the case may be, as final and conclusive on the matters to be
respectively referred to their decision, and forthwith to give full effect to the
same.
ARTICLE VIII.
The Commissioners and the Arbitrators or Umpires shall keep accurate
records and correct minutes or notes of all their proceedings, with the dates
thereof, and shall appoint and employ such clerk or clerks, or other persons, as
Q 2
112
they shall find necessary to assist them in the transaction of the business which
may come before them.
The salaries of the Commissioners shall be paid by their respective Govern-
ments. The contingent expenses of the Commissioners, including the salary of
the Arbitrators or Umpires, and of the clerk or clerks, shall be defrayed in equal
moieties by the two Governments.
ARTICLE IX.
The present Treaty shall be ratified by Her Britannic Majesty, and by the
President of the Republic of Nicaragua, and the ratifications shall be exchanged
at
as soon as possible within the space of
In witness whereof the respective Plenipotentiaries have signed the same,
and have affixed thereto their respective seals.
Done at
No. 67.
The Earl of Malmesbury to Sir W. G. Ouseley.
Sir,
Foreign Office, August 9, 1858.
IT is the desire of Her Majesty's Government to obtain the formal concur-
rence of the Republic of Costa Rica in the arrangements which, by my previous
despatch of this date, you are instructed to negotiate with the Republic of
Nicaragua; and from the good understanding which has now so happily and so
wisely been re-established between the two Republics, I trust that this object
may be accomplished without difficulty.
Her Majesty's Government would, in the first place, propose the conclusion
of a new Treaty of Friendship, Commerce, and Navigation between Great Britain
and Costa Rica similar, mutatis mutandis, to that which you are instructed to
propose to Nicaragua. This Treaty would extend to Costa Rica the benefit of
the additional relaxations in the British navigation laws, such as the opening of
the coasting trade, and the admission of foreign-built vessels to British register,
which have been made since the conclusion of the Treaty of the 27th November,
1849, of which I inclose a printed copy, and would, when ratified, be substituted
for that Treaty. It would, moreover, include Articles on the subject of the
transit across any interoceanic communication which may be established within
the territories of Costa Rica, similar to those contained in Articles XX to XXV
of the draft of Treaty with Nicaragua.
So small a part of the arrangements of the Draft of Treaty with Nicaragua
relative to the Mosquito Indians and to the rights and claims of British subjects
affects the Republic of Costa Rica, that it appears to Her Majesty's Government
that instead of concluding a similar Treaty with that Republic, it would be better
to sign with her a Treaty recording her accession to so much of the arrange-
ments of the Treaty with Nicaragua as concern her.
I transmit to you Drafts of two Treaties prepared in accordance with these
indications. The period of fixed duration of the Treaty of Friendship, Cominerce,
and Navigation is put in the draft at seven years; but you may, if it be desired,
extend that period to any number of years not exceeding twenty, so as to make
the Treaty with Costa Rica of equal duration with that to be concluded with
Nicaragua, in case the period of fixed duration of the latter should be extended
beyond seven years.
The Draft of Treaty of Accession is prepared as between Great Britain and
Costa Rica only; but there would be no objection to Nicaragua uniting in it if
she desired so to do, so that the Treaty might be concluded between Great
Britain and Nicaragua on the one part, and Costa Rica on the other. :
It is hardly necessary for me to add that no guarantee of the sovereignty
and property of the Isthinus could be given by Great Britain to Costa Rica any
more than it could be given to Nicaragua.
I am, &c.
(Signed) MALMESBURY.
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113
Inclosure 1 in No. 67.
Draft Convention between Her Majesty and the Republic of Costa Rica, containing
the Accession of the Republic to a Treaty between Her Majesty and the
Republic of Nicaragua.
HER Majesty the Queen of the United Kingdom of Great Britain and
Ireland, and the Republic of Costa Rica, being desirous to settle, by mea'is of a
Convention, certain matters in which they are mutually interested, have named
as their Plenipotentiaries for that purpose, that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Sir William Gore Ouseley, Knight Commander of the Most Honourable
Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister
Plenipotentiary on a Special Mission to the Republics of Central America;
And His Excellency the President of the Republic of Costa Rica,
Who, after having communicated to each other their respective full powers,
found in good and due form, have agreed upon and concluded the following
Articles :-
ARTICLE I.
The Republic of Costa Rica accedes to the Treaty concluded at
on the
between Her Britannic Majesty and the Republic of Nicaragua,
a copy of which is hereunto annexed. Her Britannic Majesty accepts such
accession; and it is consequently agreed that all the arrangements of the said
Treaty which may concern the Republic of Costa Rica shall be considered as if
they had been concluded and signed directly between Her Britannic Majesty and
that Republic.
ARTICLE II.
The present Convention shall be ratified, and the ratifications shall be
exchanged at
as soon as possible within
months from this
date.
In witness whereof, the respective Plenipotentiaries have signed the present
Convention, and have affixed thereto the seals of their arms.
Done at
Inclosure 2 in No. 67.
Draft Treaty of Friendship, Commerce, and Navigation, between Her Majesty and
the Republic of Costa Rica.
HER Majesty the Queen of the United Kingdom of Great Britain and
Ireland, and the Republic of Costa Rica, being desirous to maintain and improve
the relations of good understanding which happily subsist between them, and
to promote the commercial intercourse between their respective subjects and
citizens, have deemed it expedient to conclude a Treaty of Friendship, Cominerce,
and Navigation, and have, for that purpose, named as their respective Plenipo-
tentiaries, that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Sir William Gore Ouseley. Knight Commander of the Most Honourable
Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister
Plenipotentiary on a Special Mission to the Republics of Central America ;
And his Excellency the President of the Republic of Costa Rica,
Who, after having communicated to each other their l'espective full powers,
found in good and due form, have agreed upon and concluded the following
Articles:-
ARTICLE 1.
Tlcre shall be a perfect, firm, and inviolable peace, and sincere friendship
between Jiler Britannic Najcsty and the Republic of Costa Rica, in all the
extent of their possessions and territories, and between their subjects and citizens,
respectively, without distinction of persons or places.
114.7.
ARTICLE II.
The two High Contracting Parties being desirous of placing the commerce
and navigation of their respective countries on the liberal basis of perfect
equality and reciprocity, mutually agree that the citizens of each may frequent
all the coasts and countries of the other, and reside therein, and shall have the
power to purchase and hold all kinds of property which the laws of the country
may permit any foreigners, of whatsoever nation, to hold, and to engage in all
kinds of trade, manufactures, and mining, upon the same terms with native
subjects or citizens. They shall enjoy all the privileges and concessions in these
matters which are or may be made to the subjects or citizens of any country;
and shall enjoy all the rights, privileges and exemptions in navigation,
commerce, and manufactures, which native subjects or citizens do or shall enjoy,
submitting themselves to the laws there established, to which native subjects
or citizens are subjected.
The ships of war and post-office packets of each Contracting Party
respectively shall have liberty to enter into all harbours, rivers, and places,
within the territories of the other, to which the ships of war and packets of
other nations are or may be permitted to come; to anchor there, and to remain
and refit; subject always to the laws of the two countries respectively.
The High Contracting Parties further engages that neither will grant any
favour to any other nation, in respect of commerce and navigation, which shall
not immediately become common to the other Contracting Party.
f.
ARTICLE III.
The High Contracting Parties agree, that, in regard to the coasting trade,
the ships, subjects, and citizens of each shall enjoy, in the doininions and
territories of the other, the same privileges, and shall be treated in all respects
in the same manner, as national vessels, and as native subjects and citizens.
ARTICLE IV.
The Contracting Parties likewise agree, that, whatever kind of produce,
manufacture, or merchandize can be from time to time lawfully imported into
the British dominions in British vessels, may also be imported in vessels of the
Republic of Costa Rica; and that no higher or other duties upon the vessel or
upon her cargo shall be levied and collected, whether the importation be made
in vessels of the one country or of the other: and in like manner, that whatever
kind of produce, manufacture, or merchandize, can be from time to time lawfully
imported into the Republic of Costa Rica in its own vessels, may be also
imported in British vessels, and that no higher or other duties upon the vessel,
or upon her cargo, shall be levied or collected, whether the importation be made
in vessels of the one country or of the other.
And they further agree, that whatever may be lawfully exported or
re-exported from the one country in its own vessels to any foreign country, may
in like manner be exported or re-exported in the vessels of the other country
and that the same bounties, duties, and drawbacks, shall be allowed and collected,
whether such exportation or re-exportation be made in British vessels, or in
vessels of the Republic of Costa Rica.
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ARTICLE V.
No higher or other duties shall be imposed on the importation into the
British dominions of any article the growth, produce, or manufacture of the
Republic of Costa Rica, and no higher or other duties shall be imposed on the
importation into the Republic of Costa Rica of any article the growth, produce, or
manufacture of the British dominions, than are or shall be payable on the like
article being the produce or manufacture of any other foreign country. Nor
shall any higher or other duties or charges be imposed, in either of the two
countries, on the exportation of any articles to the territories of the other, than
such as are payable on the exportation of the like article to any other foreign
country.
No prohibition shall be imposed upon the importation of any article
the growth, produce, or manufacture of the territories of either of the two
Contracting Parties into the territories of the other, which shall not equally
115
extend to the importation of the like article being the growth, produce, or manu-
facture of any other country: nor shall any prohibition be imposed on the
exportation of any article from the territories of either of the two. Contracting
Parties to the territories of the other, which shall not equally extend to the
exportation of the like article to the territories of all other nations.
ARTICLE VI.
No duties of tonnage, pilotage, lighthouse, quarantine, or other similar or
corresponding duties, of whatever nature or under whatever denomination, levied
in the name or for the profit of the Government, public functionaries, corpo-
rations, or establishments of whatever kind, shall be imposed in the ports of
either country upon the vessels of the other country, which shall not be equally
imposed in the like cases on national vessels.
.. ARTICLE VII.
In order to prevent the possibility of any misunderstanding, it is hereby
declared that the stipulations contained in the preceding Articles are, to their
full extent, applicable to British vessels and their cargoes arriving in the ports
of Costa Rica, and reciprocally to the vessels of the said Republic and their
cargoes arriving in British ports, whether they proceed from the ports of the
country to which they respectively belong, or from the ports of any other foreign
country; and, in either case, no discriminating duty shall be imposed or collected
in the ports of either country on the said vessels or upon their cargoes, whether
such cargoes shall consist of native or of foreign produce or manufacture. :,
ARTICLE VIII.
All vessels which, according to the laws of Great Britain, are to be deemed
British vessels, and all vessels which, according to the laws of the Republic of
Costa Rica, are to be deemed vessels of that Republic, shall, for the purposes of
this Treaty, be deemed British vessels and vessels of Costa Rica respectively.
LV
ARTICLE IX.
It is likewise agreed, that it shall be wholly free for all merchants,
commanders of ships, and other subjects or citizens of both countries, to manage,
by themselves or agents, their own business in all the ports and places subject
to the jurisdiction of each other, as well with respect to the consignments
and sale of their goods and merchandize, by wholesale or retail, as with
respect to the loading, unloading, and sending off their ships; they being, in
all these cases, to be treated as subjects or citizens of the country in which
they reside or are conducting their business, and to be subject to the laws
of that country.
ARTICLE X.
Whenever the citizens of either of the Contracting Parties shall be forced
to seek refuge or asylum in the rivers, bays, ports, or dominions of the other,
with their vessels, whether merchant or of war, public or private, through stress
of weather, pursuit of pirates or enemies, or want of provisions or water, they
shall be received and treated with humanity, and all favour and protection shall
be given to them for repairing their ships, procuring provisions, and placing
themselves in a situation to continue their voyage without obstacle or hindrance
of any kind...
ARTICLE XI.
If any ship of war or merchant-vessel of either of the High Contracting
Parties should be wrecked on the coasts of the other, such ship or vessel, or any
parts thereof, and all furniture and appurtenances belonging thereunto, and ail
goods and merchandize which shall be saved therefrom, or the produce thereof,
if sold, shall be faithfully restored to the owners, upon being claimed by them or
by their duly-authorized agents; and if there are no such owners or agents on
the spot, then the said ships or parts of ships, furniture, appurtenances, goods,
and merchandize, or the proceeds thereof, if sold, as well as all the papers found
on board such wrecked ship or vessel, shall be delivered to the British Consul
Ta
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116
or Vice-Consul, or to the Consul or Vice-Consul of the Republic of Costa Rica,
in whose district the wreck may have taken place, upon being claimed by him ;
and upon payment by such Consul, Vice-Consul, owners, or agents, of only the
expenses incurred in the preservation of the property, and of the salvage or other
expenses which would have been payable in the like case of a wreck of a national
vessel. The charge for such salvage or other expenses shall be made and settled
immediately, subject to such right of appeal on the part of the person paying the
same as may exist in the respective countries. The goods and merchandize
saved from the wreck shall not be subject to duties, unless cleared for consump-
tion, in which case they shall be liable only to the same duties as if they had
been imported in a national vessel.
ARTICLE XII.
The subjects and citizens of either of the two Contracting Parties in the
territories of the other shall be at full liberty to acquire, possess, and dispose of,
whether by purchase, sale, donation, exchange, marriage, testament, succession
ab intestato, or in any other manner whatever, every description of property
which the laws of the country may permit any foreigners, of whatsoever nation,
to hold. Their heirs and representatives may succeed to, and take possession
of, such property, either in person or by agents acting on their behalf, in the
ordinary form of law, in the same manner as subjects or citizens of the country;
and in the absence of such heirs and representatives, the property shall be
treated in the same inanner as the like property belonging to a subject or citizen
of the country under similar circumstances.
In none of these respects shall they pay upon the value of such property
any other or higher impost, duty, or charge, than is payable by subjects or
citizens of the country. In every case the subjects or citizens of the Contracting
Parties shall be permitted to export their property, or the proceeds thereof;
British subjects from the territory of Costa Rica, and Costa Rican citizens from
the British territory, freely, and without being subjected on such exportation to
pay any duty as foreigners, and without having to pay any other or higher
duties than those to which subjects or citizens of the country are liable.
ARTICLL XIII.
Both Contracting Parties promise and engage formally to give their special
protection to the persons and property of the subjects or citizens of each other,
of all occupations, who may be in the territories subject to the jurisdiction of
one or the other, transient or dwelling therein, leaving open and free to them
the tribunals of justice, for their judicial recourse, on the same terms which are
usual and customary with the native subjects or citizens of the country; for
which purpose they may either appear in proper person, or employ, in the
prosecution or defence of their rights, such advocates, solicitors, notaries, agents,
and factors as they may judge proper, in all their trials at law; and such citizens
or agents shall have free opportunity to be present at the decisions or sentences
of the tribunals in all cases which may concern them, and shall enjoy in such
cases all the rights and privileges accorded to native subjects or citizens.
ARTICLE XIV.
In the event of any subject or citizen of either of the two Contracting Parties
dying without will or testament in the dominions or territories of the other
Contracting Party, or in the absence of lawful heirs or representatives, the
Consul-General, Consul, or Acting Consul of the nation to which the deceased
may belong, shall, so far as the laws of each country will permit, have the right
to take possession and charge of the property which the deceased may have left,
for the benefit of his lawful heirs and creditors, giving immediate notice of the
death to the authorities of the country,
ARTICLE XV.
. The subjects of Her Britannic Majesty residing in the Republic of Costa
Rica, and the citizens of the Republic of Costa Rica residing in the dominions
of Her Britannic Majesty, shall be exempted from all compulsory military
service whatsoever, whether by sea or land, and from all forced loans, or military
exactions or requisitions; and they shall not be compelled, under any pretext
117
whatsoever, to pay any ordinary or extraordinary cl'arges, requisitions, or taxes,
other or higher than those that are or may be paid by native subjects or
citizens,
ARTICLE XVI.
It is agreed and covenanted that neither of the High Contracting Parties
shall knowingly receive into, or retain in, its service, any subjects or citizens of
the other Party who have deşerted from the naval or military service of that
other Party ; but that, on the contrary, each of the Contracting Parties shall
respectively discharge from its service any such deserters, upon being required
by the other Party so to do.
And it is further agreed, that if any of the crew of any merchant-vessel of
either Contracting Party shall desert from such vessel within any port in the
territory of the other Party, the authorities of such port and territory shall be
bound to give every assistance in their power for the apprehension of such
deserters, on application to that effect being made by the Consul of the Party
concerned, or by the Deputy or Representative of the Consul: and any person
protecting or harbouring such deserters shall lie liable to punishment.
h deserter btracting Poice of that
T
ARTICLE XVII.
British subjects residing in the territories of the Republic of Costa Rica
shall enjoy the most perfect and entire liberty of conscience, without being
annoyed, molested, or disturbed on account of their religious belief. Neither
shall they be annoyed, molested, or disturbed in the proper exercise of their
religion, in private houses, or in the chapels or places of worship appointed for
that purpose, provided that in so doing they observe the decorum due to Divine
worship, and the respect due to the laws of the country. Liberty shall also be
granted to bury British subjects who may die in the territories of the Republic
of Costa Rica, in convenient and adequate places, to be appointed and established
by themselves for that purpose, with the knowledge of the local authorities, or
in such other places of sepulture as may be chosen by the friends of the deceased;
nor shall the funerals or sepulchres of the dead be disturbed in any wise or upon
any account.
In like manner, the citizens of Costa Rica shall enjoy within the dominions
of Her Britannic Majesty a perfect and unrestrained liberty of conscience, and
of exercising their religion publicly or privately, within their own dwelling-houses,
or in the chapels or places of worship appointed for that purpose, agreeably to
the laws of those dominions.
ARTICLE XVIII.
For the better security of commerce between the subjects and citizens of
the two High Contracting Parties, it is agreed that if at any time any rupture,
or any interruption of friendly intercourse, should unfortunately take place
between the two Contracting Parties, the subjects or citizens of either of them,
established in the territories of the other, who may reside upon the coasts, shall
be allowed six months, and those who may reside in the interior a whole year,
to wind up their accounts and to dispose of their property; and a safe-conduct
shall be given to them to embark at the port which they themselves shall select.
The subjects or citizens of either of the two Contracting Parties who may be
established in the dominions or territories of the other, in the exercise of any trade
or other occupation or employment, shall be allowed to remain and continue in
the exercise of the said trade or occupation, notwithstanding the interruption of
friendship between the two countries, in the free enjoyment of their personal
liberty and property, so long as they behave peaceably and observe the laws;
and their goods and effects, of whatever description they may be, whether in
their own custody or entrusted to individuals or to the State, shall not be liable
to seizure or sequestration, or to any other charges or demands than those which
may be made upon the like effects or property belonging to pative subjects or
citizens. In the same case, debts between individuals, public funds, and the
shares of companies, shall never be confiscated, sequestered, or detained.
Y
1
ARTICLE XIX.
It shall be free for each of the two Contracting Parties to appoint Consuls
for the protection of trade, to reside in the dominions and territories of the other
118
Party; but before any Consul shall act as such, he shall, in the usual form, be
approved and admitted by the Government to which he is sent; and either of
the Contracting Parties may except from the residence of Consuls such particular
places as either of them may judge fit to be excepted.
The Diplomatic Agents and Consuls of each of the two High Contracting
Parties in the dominions or territories of the other, shall enjoy whatever privi-
leges, exemptions, and immunities are or shall be granted there to Agents of the
same rank belonging to the most favoured nation.
1
ARTICLE XX.
The Republic of Costa Rica hereby engages to grant to Her Britannick
Majesty, and to British subjects and property, the right of transit between the
Atlantic and Pacific Oceans, through the territories of that Republic, on any
route of communication, natural or artificial, whether by land or water, which
may be constructed under the authority of Costa Rica, to be used and enjoyed in
the same manner, and upon equal terms, by both parties, and their respective
subjects and eitizens; the Republic of Costa Rica, however, reserving its right
of sovereignty over the same : and, generally, the Republic of Costa Rica engagés
to grant to Great Britain and to British subjects the same rights and privileges,
in all respects, in regard to the transit and the rates of transit, which are or may
be granted to, or allowed to be enjoyed by, the most favoured nation.
TA
ARTICLE XXI.
Her Britannic. Majesty hereby agrees to extend her protection to all such
routes of communication as aforesaid, and to guarantee the neutrality of the
same. Her Britannic Majesty also agrees to employ her influence with other
nations to induce them to guarantee such neutrality and protection.
And the Republic of Costa Rica, on its part, engages that any ports at the
extremities of the communication aforesaid, on the Atlantic and Pacific Oceans,
shall be free ports. At such ports no tonnage or other duties shall be imposed
or levied by the Government of Costa Rica on the vessels of Great Britain, or
on any effects or merchandize belonging to subjects of Great Britain, or to the
subjects or citizens of any other country, intended bona fide for transit across the
said route of communication, and not for consumption within the Republic of
Costa Rica. Her Britannic Majesty shall also be at liberty to carry troops and
munitions of war, in her own vessels or otherwise, to either of the said free ports,
and shall be entitled to their conveyance between them, without obstruction by
the authorities of Costa Rica, and without any charges or tolls whatever for their
transportation, on any of the said routes of communication. And no higher or
other charges or tolls shall be imposed on the conveyance or transit of the
persons and property of the subjects of Great Britain, or of any other country,
across the said routes of communication, than are or may be imposed on the
persons or property of citizens of Costa Rica.
And the Republic of Costa Rica recognizes the right of the Postmaster-
General of Her Britannic Majesty to enter into contracts with any individuals or
companies to transport the mails of Great Britain along the said routes of
communication, or along any other routes across the Isthmus, in closed bags,
the contents of which may not be intended for distribution within the said
Republic, free from the imposition of all taxes or duties by the Government of
Costa Rica; but this liberty is not to be construed so as to permit such indi-
viduals, or companies, by virtue of this right to transport the mails, to carry also
passengers or freight, except any messenger deputed by the British Post Office
in charge of mails.
ARTICLE XXII.
The Republic of Costa Rica agrees that should it becoine necessary at any
time to employ military forces for the security and protection of persons and
property passing over any of the routes aforesaid, it will employ the requisite
force for that purpose ; but upon failure to do this for any cause whatever, Her
Britannic Majesty may, after notice to the Government of Costa Rica, or to the
Minister thereof at London or Paris, employ such force for this and for no other
purpose; and when the necessity ceases, such force shall be immediately
withdrawn,
YN
119
ARTICLE XXIII.
It is understood, however, that Her Britannic Majesty, in according
protection to such routes of communication, and guaranteeing their neutrality
and security, always intends that the protection and guarantee are granted
conditionally, and may be withdrawn if Her Britannic Majesty should deem that
the persons or Company undertaking or managing the same, adopt or establish
such regulations concerning the traffic thereupon as are contrary to the spirit
and intention of this Treaty, either by making unfair discriminations in favour of
the commerce of any other nation or nations, or by imposing oppressive exactions
or unreasonable tolls upon mails, passengers, vessels, goods, wares, merchandise,
or other articles. The aforesaid protection and guarantee shall not, however, be
withdrawn by Her Britannic Majesty without first giving six months' notice to
the Republic of Costa Rica.
ARTICLE XXIV.
And it is further understood and agreed that, in any grant or contract which
may be made or entered into by the Government of Costa Rica, having reference
to the interoceanic routes above referred to, or any of them, the rights and
privileges granted by this Treaty to the Government and subjects of Her
Britannic Majesty shall be fully protected and reserved; and that the guarantee
and protection of Her Britannic Majesty stipulated in Article XXI of this
Treaty, shall be held inoperative and void, until the holders of such grant or
contract shall recognize the concessions made in this Treaty to the Government
and subjects of Her Britannic Majesty with respect to such interoceanic routes,
or any of them, and shall agree to observe, and be governed by, those con-
cessions as fully as if they had been embraced in their original grant or contract;
after which recognition and agreement, the said guarantee and protection shall
be in full force; provided that nothing herein contained shall be construed either
to affirm or deny the validity of any of the said contracts.
ARTICLE XXV.
After ten years from the completion of a canal, railroad, or any other route
of communication, through the territory of Costa Rica, from the Atlantic to the
Pacific Ocean, no Company which may have constructed or be in possession of
the same, shall ever divide, directly or indirectly, by the issue of new stock, the
payment of dividends, or otherwise, more than fifteen per cent. per annum, or
at that rate, to its stockholders, from tolls collected thereupon; but whenever
the tolls shall be found to yield a larger profit than this, they shall be reduced to
the standard of fifteen per cent. per annum.
ARTICLE XXVI.
The present Treaty shall remain in force for the term of seven years from
the day of the exchange of ratifications; and if neither party shall notify to the
other its intention of terminating the same, twelve months before the expiration
of the seven years stipulated above, the said Treaty shall continue binding on
both parties beyond the said seven years, until twelve months from the time that
one of the Parties may notify to the other its intention of terminating it.
ARTICLE XXVII.
The present Treaty of Friendship, Commerce, and Navigation, shall be
ratified, and the ratifications shall be exchanged at
, as soon as
possible within
months from this date.
When the ratifications shall have been exchanged, it shall be substituted for
the Treaty concluded at San José on the 27th of November, 1819.
In witness whereof the respective Plenipotentiaries have signed the same,
and have affixed thereto their respective seals. .
Done at
R
2
11
20
Sir,
No. 68.
The Earl of Malmesbury to Sir W. Gi Ouscley.
Foreign Ofice, August 9, 1858.
WITH reference to my previous despatches of this date, conveying to you
the instructions of Her Majesty's Government with regard to the negotiations
which you are charged to undertake with the Republics of Nicaragua and of
Costa Rica, I have to state to you that you are not at liberty to sign a Treaty
with either Republic which shall contain any alteration of the drafts not contem-
plated in the instructions now sent to you, unless such alteration be clearly of
a mere formal and inmaterial character. While, as I have already stated, Her
Majesty's Government would not go so far as to say that they would insist upon
every point of detail embraced in the drafts of Treaties with which they have
furnished you, they would, in case any alterations should be desired by the
Nicaraguan or the Costa Rican Government, prefer to know what those alterations
are, before any Treaty is signell. If, therefore, the two Governments, or either
of them, should decline to sign the Treaties without alterations, you will content
yourself with reporting the fact to me; and you will invite the Government or
Governments to send instructions to M. Marcoleta on the subject, and to authorize
hiin to continue the negotiations here, and to sign the Treaties with me.
Her Majesty's Government will be disappointed if you do not bring this
matter to a conclusion before Christmas.
I am, &c.
(Signed) MALMESBURY.
navodaros p
rstowed
VOI
marian
maanwaervoucure-
No. 69.
The Earl of Malmesbury to Sir W. G. Ouseley.
Sir,
Foreign Office, August 9, 1858.
ON your arrival in Central America, you will take measures for apprizing
the King of the Mosquito Indians of the nature of the arrangement which Her
Majesty's Government are endeavouring to make with the Republic of Nica-
lagua on his behalf. You will also inform him that it is the intention of Her
Majesty's Government to endeavour, at the earliest opportunity, to obtain for
him from the Republic of Honduras some pecuniary compensation for the
relinquishment of his claims over the territory to the north of the River Wanx,
or Segovia.
You will endeavour to obtain, through Consul Green or otherwise, the
formal consent of the King to the arrangements in question ; giving him, if
necessary, clearly to understand that if he refuses to accept them, he must not
look to Her Majesty's Government for support in any more extended claims,
and that his position and independence will be in danger of becoming more and
more precarious every day.
I am, &c.
(Signed) MALMESBURY.
Sir,
No. 70.
The Earl of Malmesbury to Mr. Wyke.
Foreign Office, August 9, 1858.
I HAVE to acquaint you that Sir William Gore Ouseley, whose Special
Mission to Central America has hitherto been deferred for causes which it is
not necessary for me to explain, will now proceed without further delay to
Nicaragua ; but his commission has been limited to negotiating with the
Republics of Nicaragua and Costa Rica, and will not embrace the more extended
objects originally contemplated.
You will of course afford to Sir William Gore Ouseley all the information
and assistance which he may require of you, and which you may be able to
furn'sh, for the execution of the duties entrusted to him.
You will ascertain from hin the time of his departure, and will not until
thien cɔmmunicate the fact to any one.
I am, &c.
(Signed) MALMESBURY.
121
Sir,
No. 71.
The Earl of Malmesbury to Sir W. G. Ouseley.
Toreign Office, August 9, 1858.
I TRANSMIT to you herewith, for your information, a copy of my
instruction to Mr. Wyke, &c., upon the subject of your Special Mission to
Central America.*
I am, &c.
(Signed) MALMESBURY.
No. 72.
The Secretary to the Admiralty to Mr. Fitzgerald.-(Received August 10.)
(Extract.)
Admiralty, August 9, 1858.
I AM commanded by my Lords Commissioners of the Admiralty to send
you herewith, for the information of Her Majesty's Secretary of State for Foreign
Affairs, an extract of a letter dated the 26th July, from Vice-Admiral Sir
Houston Stewart, relating to the state of affairs at Greytown.
Inclosure 1 in No. 72.
Vice-Admiral Sir H. Stewart to the Secretary to the Admiralty.
(Extract.)
“ Indus," at Halifax, July 26, 1858.
I INCLOSE, to be laid before the Lords Commissioners of the Admiralty,
copy of a letter from Captain Wainwright, of Her Majesty's ship " Leopard,”
reporting the state of affairs at Greytown to the 17th nitimo.
In justice to the officer who may be detached to and in charge of the
Greytown station, I submit that he should be furnished with some precise and
confidential instructions to meet possible contingencies.
Sir,
A
MI
Inclosure 2 in No. 72.
Captain Wainwright to Vice-Admiral Sir H. Stewart.
" Leopard,” Grcytown, June 17, 1858.
I HAVE the honour to inclose the copy of a paper with which I was
furnished on my arrival here, by a M. Belly, a French gentleman engaged in
the effort to form a Canal between the oceans viâ the River San Juan and the
Lake of Nicaragua.
I reached this port on the 9th instant, having left Colon on the 5th. An
American squadron, consisting of the “Merimac," Saranac,” “ Vandalia,” and
“Decatur," was lying at Panamá, under the command of Flag Cfficer Long.
The “ Jamestown” was lying here on my arrival, but sailed on the 1 tih on
a cruize.
All is at present quiet at Greytown, although the people seem to be appre-
hensive lest another attack, such as Colonel Kinney's, should be made upon
them. As, however, I think the services of this ship can be better dispensed
with now than a few weeks later on, and as I hear that the Commandant of
Truxillo has shown a disposition to molest the woodcutters in the territory of
the King of Mosquito, it is my intention to sail for Belize, agreeably to the
Commodore's orders, touching at Patook and, if necessary, Trusillo, on my way
thither.
I shall receive the mail at Belize on the 12th July; after which, unless I
am ordered to the contrary, I shall hurry back to this place with all dispatch.
I have, &c.
(Signed) J. F. B. WAINWRIGHT.
P.S.-The ship was this afternoon struck by lightning, but, except a slight
injury to the fore-topgallantmast, it did no harm.
* No. 70
122
Inclosure 3 in No. 72.
Decree.
Rivas, le 1 Mai, 1858.
NOUS, Présidents des deux Républiques de Nicaragua et de Costa Rica: .
Considérant qu'une nouvelle invasion de filibustiers Américaines menace de
nouveau l'Amérique Centrale au préjuis de toutes les lois divines et humaines;
Considérant que l'Ainérique Centrale épuisée par trois ans de guerre, et
dans l'impuissance de se défendre sans le concours de l'Europe ;
Considérant qu’une délibération commencée des deux Gouvernements de
Nicaragua et Costa Rica a mis solennellement les deux Républiques sous la
protection de la France, de l'Angleterre, et de la Sardaigne;
Considérant, enfin, que le péril est imminent, et qu'il est urgent de la
conjurer sans attendre l'effet des mesures que ces trois Puissances Protectrices
jugeront à propos de prendre;
Donnons pleins pouvoirs à M. Félix Belly de réclamer en notre nom le
concours immédiat de tous les bâtiments de guerre Eurapéens qu'il pourra
rencontrer.
Le chargeons spécialement de solliciter l'envoi à San Juan del Norte d'un
ou de deux batiments de la station Française des Antilles.
Et mettons les deux Républiques de Costa Rica et de Nicaragua en
et de la législation spéciale édictée contre les pirates et les boucaniers.
(Signé)
TOMAS MARTINEZ.
Contresigné:
Le Ministre des Affaires Etrangères,
(Signé) GREGORIO JUARES.
(Signé) JUAN R. MORA.
Le Ministre des Affaires Etrangères,
(Signé) NAGORIO TOLEDO.
(Translation.)
Y
C
Rivas, May 1, 1858.
WE, Presidents of the two Republics of Nicaragua and Costa Rica ;
Considering that Central America is again menaced by a fresh invasion of
American filibusters, to the prejudice of all laws, divine and human ;
Considering that Central America is exhausted by three years of war, and
is unable to defend herself without the aid of Europe ;
Considering that the two Governments of Nicaragua and Costa Rica have,
after deliberation, solemnly placed the two Republics under the protection of
France, England, and Sardinia ;
Considering, in conclusion, that the peril is imminent, and that it is neces-
sary to avert it without waiting for the effect of the measures which these
three Protecting Powers may think fit to adopt ;
Give full powers to M. Felix Belly to request, in our name, the immediate
assistance of all the European vessels of war that he may be able to meet
with.
We charge him specially to solicit the dispatch to San Juan del Norte of
one or two vessels from the French Station at the Antilles.
And we place the two Republics of Costa Rica and Nicaragua in Central
America altogether under the guarantee of European Law, and of the special
enactments against pirates and buccaneers.
(Signed) TOMAS MARTINEZ.
Countersigned :
The Minister for Foreign Affairs,
(Signed? GREGORIO JUARES.
(Signed) JUAN R. MORA...
The Minister for Foreign Affairs,
(Signed) Nagorio TOLEDO.
.
hand
123
X
11
T1
No. 73.
The Earl of Malmesbury to the Lords Commissioners of the Admiralty.
(Extract.)
Potsdam, August 14, 1858.
I HAVE to inform you that I consider the orders which vour Lordships
should give to Sir H. Stewart are as follow :---
1. That a powerful ship of war should be sent to Greytown, to remain
there as much as possible during the pending negotiations.
2. That her commanding officer should be informed that Greytown and
the Mosquito coast are under the protection of Great Britain; and that he is to
prevent by force, if necessary, any descent upon them by filibusters of any
country whatever. That as against filibusters attempting to go up the River
San Juan, he is not to act independently, nor unless required to do so by a
document signed by the proper authorities of the Nicaraguan and Costa Rican
Governments, and then not alone, but solely in conjunction with the forces of
those States. These forces are to be permitted to enter Greytown, if necessary,
for its defence, or for carrying on operations, but on the condition that they
shall evacuate it when the British Commander considers their presence no longer
expedient. ' :
These orders apply to filibusters only,
With respect to any threatened outrage on the part of an United States'
ship of war on Greytown or Mosquito, similar to that by the “Cyane," the
officer will confine himself to a written protest against it in the name of Her
Majesty's Government, and to the protection of British subjects from its
effects.
Whatever may be the result, he will immediately represent the case to the
British Minister at Washington, and to Her Majesty's Government.
It will be evident to your Lordships that the officer who should be sent to
this most important station should possess both intelligence and discretion.
No. 74.
The Earl of Malmesbury to Lord Napier.
My Lord,
Foreign Office, August 16, 1858.
I TRANSMIT, for your Lordship’s information, a copy of a letter which
I have addressed to the Lords Commissioners of the Admiralty, containing the
substance of the instructions which are to be given to Admiral Sir Houston
Stewart in regard to his proceedings during the pending negotiations between
Great Britain and the Republic of Nicaragua ;* and I have to instruct your
Lordship to communicate to the United States' Government that part of the
instructions which refers to filibusters.
I am, &c.
(Signed) MALMESBURY,
No. 75.
The Earl of Malmesbury to Lord Napier'.
My Lord,
Potsdam, August 18, 1858
HER MAJESTY'S Government having received, on the 6th of April last,
a note from General Cass, in which his Excellency asks for a more exact
definition of the objects of Sir William Ouseley's Mission, your Lordship will
state to General Cass that it was from no want of respect for his communication
that they have not replied to it before, but because they have, in fact, nothing
to add to the explanations given by Sir William and by your Lordship upon the
subject.
After the several proposals made on the part of Her Majesty's Government
to the Government of the United States, involving the principles of modification
and arbitration upon the several points of difference between them, and the
subsequent refusal of the United States to entertain either the one or the other,
Her Majesty's Government had entertained the hope that the Government of
* No. 73.
,
124
I must obhich it appears your Lonited States' Government vour Lordship's
having madajesty's Govers of the Unitship had touchajesty's Golemand which
the United States would have thought it advisable to initiate some suggestions
of their own.
This expectation was increased by the declarations of General Cass, in his
note of the 6th of April, that the Government of the United States would
not agree to the abrogation of the Clayton-Bulwer Treaty, a demand which,
I must observe, has never been made by Her Majesty's Government, but
a subject which it appears your Lordship had touched upon in a non-official
conversation with members of the United States' Government.
Her Majesty's Government would have disapproved of your Lordship's
having made it the topic even of private discourse with a Minister of the United
States, were they not aware that it had been treated by the President, in his
Message, as one far from repulsive to his sentiments, and that you had therefore
good reason to believe that the United States' Government might look upon
such a contingency with favour.
But the declaration of General Cass against any such abrogation appears to
Her Majesty's Government completely to exhaust all the means of arrangement
at their disposal, and to leave them no alternative but that of leaving it to the
Cabinet of Washington to originate any further overtures for an adjustment of
these controversies.
Your Lordship will read this despatch to General Cass and leave a copy of
it with his Excellency.
am, &c.
(Signed) MALMESBURY.
.
No. 76.
The Earl of Malmesbury to Lord Napier.
My Lord,
Potsdam, August 18, 1858.
YOU will make yourself master of the contents of my despatches, and
drafts of Treaties with Nicaragua and Costa Rica, sent to Sir W. Ouseley, and of
which copies are inclosed herewith, and you will, at a convenient season, inform
the Government of the United States of the intentions and object of Her
Majesty's Government.
In doing this, you will not ask either advice or assistance from the United
States' Government, such requests being, under present circumstances, derogatory
to the dignity of the Crown.
The United States' Government have successively refused every solution
which Her Majesty's Government have offered of these tedious controversies.
Modification, arbitration, and abrogation of the Clayton-Bulwer Treaty have
been flatly rejected. Great Britain and Nicaragua are now about to treat as
independent States, and your Lordship will therefore give the information to the
Govern:nent of the United States that such is the case, as merely an act of
courtesy and friendship to the Cabinet of Washington.
I am, &c.
(Signed) MALMESBURY.
No. 77.
The Eurl of Malmesbury to Sir W. G. Ouseley.
Sir,
Foreign Office, August 18, 1858.
WITH reference to the instructions for your negotiations with the Republic
of Nicaragua, which are contained in my despatch of the 9th instant, I have
to acquaint you that, in case the Nicaraguan Government should press for
an arrangement by which they should be allowed temporarily to suspend the
exercise of the privileges and immunities stipulated in favour of Greytown by
Article Ill of the Draft of Treaty relative to the Mosquito territory, you are at
liberty to insert the paragraph of which a draft is inclosed, at the end of that
Article.
I am, &c.
(Signed) MALMESBURY,
125
Inclosure in No. 77..
Draft of Paragraph to be added, if requisite, to Article III of the Nicaraguan.
Treaty.
IT is, nevertheless, agreed that the Republic of Nicaragua shall have the
power to suspend the exercise of the rights and iinmunities specified in the
preceding clauses (a to c) of this Article for so long time only as such a measure
shall be indispensably necessary for the safety of the Republic, or of the States
of Central America, as in case of invasion or of any revolutionary movement,
with the view of transferring the town and port to foreign dominion.
-
No. 78.
Sir,
The Earl of Malmesbury to Sir W. G. Ouseley.
Foreign Office, August 18, 1858.
I TRANSMIT for your information, copy of a letter which I have addressed
to the Lords Commissioners of the Admiralty, * containing the substance of
the instructions which are to be given to Admiral Sir Houston Stewart in regard
to his proceedings during the pending negotiations between Great Britain and
the Republic of Nicaragua.
I am, &c.
(Signed) MALMESBURY.
.
.
.
.
.
.
No. 79.
The Earl of Malmesbury to Sir W. G. Ouseley.
Sir,
Foreign Office, August 25, 1858.
WITH reference to the instructions given to you to proceed immediately to
Central America, I have now to state to you that it is deemed by Her Majesty's
Government to be essential that your negotiations with Nicaragua and Costa Rica
for the conclusion of Treaties with this country should be terminated not later
than the end of November next.
Any delay in commencing these negotiations would frustrate the object
which Her Majesty's Government have in view, and would render the continu-
ance of your Mission unnecessary.
Her Majesty's ship - Valorous ” will be sent froin this country to New
York to convey you to Greytown, and you will be prepared to embark in that
ship immediately on her arrival, which it is expected will be on or before the 1st
of October next.
I am, &c.
(Signed) MALMESBURY.
No. 80.
Lord Napier to the Earl of Malmesbury.-(Received September 27.)
Web:
My Lord,
Washington, September 9, 1858.
IN obedience to your Lordship's orders, I have imparted to General Cass
the substance of that portion of your despatch of the 16th ultimo, which refers
to the intentions of Her Majesty's Government in stationing a vessel of war at
Greytown during the negotiations intrusted to Sir William Gore Ouseley with
the Republic of Nicaragua.
I informed the Secretary of State that the port of Greytown and the Coast
of Mosquitia being under the protectorate of Great Britain, the officer in
command of the vessel selected for this duty would be instructed to repel any
attempt of filibusters, from any quarter, upon those localities.
* No. 73.
.
u
126
In regard to any piratical expedition directed up the River San Juan,
Her Majesty's forces would not act independently, but would only do so on
receiving a requisition to that effect from Nicaragua and Costa Rica; and then
not separately, but in conjunction with the forces of those Governments.
Under certain contingencies the troops of the States above-mentioned
would, for defensive purposes, be permitted to enter Greytown, upon an
understanding, however, that they should evacuate it when the Commander of
Her Majesty's forces considered their presence to be no longer required.
The Secretary of State did not offer any remarks upon your Lordship's
communication.
I have, &c.
(Signed) NAPIER.
No. 81.
Lord Napier to the Earl of Malmesbury.—(Received September 27.)
Y
My Lord,
Washington, September 9, 1858.
IN conformity with your Lordship's instructions I waited upon the
Secretary of State this forenoon, and read aloud to him your despatch
of the 18th ultimo, stating that Her Majesty's Government had no further
explanations to offer respecting the Mission of Sir William Gore Ouseley to
Central America, and intimating that any further overtures for the adjustment
of the matters under controversy in that quarter, must proceed from the Cabinet
of Washington.
General Cass remarked that up to the last moment he had entertained the
hope that Her Majesty's Government would have communicated to him a more
distinct account of the terms on which Her Majesty's Envoy to Central
America was empowered to negotiate. He did not at present see what proposals
could be made on the side of the Government of the United States for the
settlement of these affairs; but your Lordship’s communication would obtain
the consideration of the Cabinet.
After some desultory conversation reflecting on the course of this
discussion during the past year, I took leave of General Cass, having assured
him that if he could offer any suggestions for the regulation of the points in
dispute, I felt confident Her Majesty's Government would receive his views in
that friendly spirit which animated them in all their relations with the United
States.
A copy of your Lordship's despatch was left in the hands of the Secretary
of State.
I have, &c.
(Signed) NAPIER.
No. 82.
Lord Napier to the Earl of Malmesbury.—(Received October 4.)
My Lord,
Baltimore, September 17, 1858.
YOUR Lordship having given me a discretionary power to communicate to
General Cass, on a seasonable occasion, and as a mark of courtesy and goodwill,
the object of Sir William Ouseley's mission to Nicaragua, I thought it would be
desirable not to defer doing so for the following reasons :
1st. The destination of Her Majesty's Commissioner is already known, and
is already the object of discussion in the newspapers. By imparting to the Cabinet
of the United States a correct though general impression of the basis of the
projected negotiation, all ground for unfavourable commentary, on the part of the
organs of Government at least, would be removed.
2ndly. The Government of the United States having now been informed by
Her Majesty's Government that any future overture for the adjustment of our
difficulties in Central America must proceed from the Cabinet at Washington, it
appeared expedient that the latter, before making such overtures, should be
127
O
1
informed of the intentions of Sir William Ouseley, for on his proceedings their
resolution might in part depend.
I accordingly waited upon General Cass yesterday, and offered him, verbally,
an outline of the powers committed to Sir William Ouseley. I stated that,
although Her Majesty's Government had no official explanations to offer on this
subject in addition to those formerly given, which had been thought unsatis-
factory by the Government of the United States, yet I was enabled to make him
a friendly communication which, as far as it went, could not fail to be agreeable
to the sentiments of his Government.
Sir William Ouseley was authorized to negotiate two Treaties with the
Government of Nicaragua: one, of Commerce, Navigation, and Transit; the
other, regarding the Mosquito Protectorate and the rights of British subjects.
The stipulations of the former, in so far as commercial privileges were
concerned, resembled other Conventions of the same nature elsewhere, and were
particularly conformable to the recent Treaty between Great Britain and Honduras.
In regard to transit rights; the provisions of the Treaty would closely resemble
the Articles consigned to the Treaty negotiated between General Cass and Señor
Yrissari, and would secure for Great Britain, in every respect, the rights of
transit enjoyed by citizens of Nicaragua and the subjects of the most favoured
nation, as well as the rights of protection accorded now, or hereafter granted, to
any other Power.
The Treaty for the regulation of Mosquitia contemplated the cession of the
British Protectorate over that region and people to the Republic of Nicaragua,
with stipulations generally similar to those embodied in the Dallas-Clarendon
Treaty of 1856. A deviation from the terms of that Treaty was, however,
designed in regard to Greytown. That port by the former Treaty was destined to
be a free city ; by the present settlement it would be attached to Nicaragua,
under the sovereignty of that State, but with provisions for an independent
Municipal Government, and for the franchises of a free port. A moderate duty
would be temporarily imposed, but not on goods in transit, for the benefit of the
King of Mosquitia, from whose territory the port would be alienated. .
In addition to these Conventions with Nicaragua Sir William Ouseley would
negotiate with Costa Rica two Treaties; one of Commerce, Navigation, and
Transit, resembling that with Nicaragua, already described; the other, a decla-
ratory Convention by which Costa Rica would adhere to the provisions of the
Treaty respecting the settlement of the Mosquito territory.
In remarking upon my communication General Cass observed that he could
not, as he had already told me, enter upon the discussion of those modifications
of the Yrissari Treaty desired by the Government of Nicaragua, until an apology
had been made for the offensive Manifesto which had emanated from the
Presidents of that Republic and Costa Rica; there was, however, one point on
which the Government of the United States would accede, eventually, to the
wishes of Nicaragua. That Government desired to stipulate that the United
States' troops, transported across the transit route, should not be engaged in
hostilities against any Power with which Nicaragua was at peace. That pro-
vision, said General Cass, was so plainly consistent with justice that it would be
accepted by the United States. In regard to the other matter under discussion,
viz., whether the United States should have the power of sending troops to
maintain the peace and security of the route ex proprio motu, or whether a
preliminary demand should be made by Nicaragua, General Cass stated that his
Government would insist on the power of initiation, which was a main Article
of the Treaty, at least such was the present view of the Government. He did
not, however, state this as the absolute and unalterable resolution of the
Cabinet.
I remarked, in reference to the former point, that although I had no
instructions on the subject, I felt no difficulty in declaring my opinion that Her
Majesty's Government would accede to a stipulation engaging that the troops
sent in transit across the Isthmus should not be directed against a Power with
which Nicaragua was at peace, for that proviso was, as he stated, consistent
with reason and justice. I might have added that it was almost involved in the
stipulation for the neutrality of the route, for the route could scarcely be termed
neutral if made use of as the channel of hostile operations.
I also declared to the Secretary of State, in general terms, that while Her
Majesty's Government would insist on being placed on the footing of the most
S 2
128
favoured nation in reference to the transit of merchandize, troops, and munitions
of war, as well as in regard to intervention and the protection of the transit, that
they certainly did not desire to obtain any exclusive or separate privileges
other than those accorded to the United States or to other Governments.
The Secretary of State appeared to learn with some surprise that Costa
Rica was called upon to sign a Treaty recognizing that with Nicaragua, which
provided for the cession of the Mosquito Protectorate and Greytown. He said
that Costa Rica had no pretension to Greytown.
I answered that she had pretensions to Puntas Arenas, the opposite side of
the river, and that as there had been so much dispute about the frontier of the
two countries, it was thought desirable to draw in Costa Rica as a party to the
settlement, and thus avoid future misunderstanding.
General Cass did not make any reflections upon the tenour of my commu-
nication which would justify me in saying that he received it with satisfaction,
but he stated that the whole question of the Central American controversy
would obtain the consideration of his Government.
I have, &c.
(Signed) NAPIER.
IN
.
.
No. 83.
Lord Napier to the Earl of Malmesbury.----(Received October 4.)
My Lord,
New York, September 20, 1858.
I HAD yesterday an opportunity of conversing with M. Xeres, the new
Envoy from Nicaragua, respecting those modifications of the Treaty signed
between General Cass and Mr. Yrissari, which he is instructed to press upon the
Cabinet of the United States.
M. Xeres informed me that his Government earnestly desired to obtain
substantially the two amendments adverted to my despatch of the 17th
istant, viz:-
1. That the troops dispatched across the transit route should not be
directed against a country at peace with Nicaragua ; and,
2. That in case of disturbance on the route, the force destined for its
protection should be solicited by Nicaragua in the first instance, or, at least,
that it should not be employed without the consent of that Government. I
asked M. Xeres whether he thought the Government of the United States
would yield upon those points. He replied that the language of General Cass
had been of a vague character, the Secretary of State had not absolutely repelled
his representations; on the first point, indeed, a favourable prospect had been
held out, the other was left uncertain, but he thought it probable that General
Cass might there also accede to the wishes of the Nicaraguan Government.
I am, myself, under the same iinpression from the tone adopted by General
Cass in his conversation with me on the 16th instant. It is possible, therefore,
that the Secretary of State may moderate his demands and consent to the
alterations indicated above.
Should such prove to be the case, Her Majesty's Envoy in Nicaragua might,
under bis present instructions, be requiring concessions at Managua, which would
no longer be insisted on at Washington, and either delay might ensue, or an
inconsistency would occur in the terms of the English and American Treaties,
which would have to be rectified afterwards.
I consequently venture to submit to Her Majesty's Government whether
it might not be expedient to give Sir William Ouseley a discretionary power to
accede to the wishes of the Nicaraguan Government on the two points above-
meniioned, with a particular declaration, however, inserted in the modified
Articles, that any privileges of military transit or of protection over the route
which should be accorded to any Power, should by that very act be granted in
an equal degree to Great Britain.
This course might be recommended by several considerations. It would be
consistent with the rights of Nicaragua as an independent and friendly Govern-
ment. It would offer an example of moderation to the United States. It would
be conformable in spirit to the stipulations of the Honduras Treaty which,
though not very distinct, appear to indicate that any assistance given to that
129
Government for the protection of the railway, projected there by English
capitalists, should be in the way of cooperation with the forces of the country.
It is, in my opinion, to be hoped that the American Treaty now remitted to
Washington may be returned hereafter, with the desired modifications, for
eventual settlement to Nicaragua, where, without co-operation, the Ministers of
England and the United States might yet have the means of unofficially
comparing their proceedings. I have not, however, spoken in this sense to,
General. Cass, as I understand that Her Majesty's Government desires to avoid
all appearance, under present circumstances, of consultation or combined action
with the Government of the United States in this matter.
I have, &c.
(Signed) NAPIER.
U
No. 84.
Lord Napier to the Earl of Malmesbury.—(Received October 4.)
(Extract.)
New York, September 20, 1858.
I TAKE the liberty of remarking that it would be desirable for the
Governments of Nicaragua and Costa Rica to station some garrison at Puntas
Arenas without delay, with an authoritative officer, who should call on Hor
Majesty's ships for assistance in case of an attack by filibusters.
It will not be prudent to keep less than two vessels of war in that vicinity,
and it would be highly expedient to have the co-operation of French ships,
with corresponding instructions, in case the Imperial Government should embark
in a cotemporaneous negotiation.
I regret to have to report to your Lordship that, since my arrival in New
York, I have learned from good authority that the filibusters are again astir.
No. 85.
The Earl of Malmesbury to Lord Napier.
My Lord,
Achnacarry, October 5, 1858.
I HAVE received your despatches of the 9th ultimo, and I approve of your
Lordship’s communications to General Cass.
There is no reason at present that you should not inform him of all the
objects which Her Majesty's Government hope to obtain by this negotiation
with Nicaragua.
Should General Cass question you as to the other points which were
involved in the Clarendon-Dallas Convention, and which Sir William Ouseley
has no instructions now to entertain, you will state that the opinion of Her
Majesty's Government is, that it is desirable to enter into the various subjects in
detail, and not confound them in one transaction.
I am, &c.
(Signed) MALMESBURY.
1
No, 86.
The Earl of Malmesbury to Lord Napier.
(Extract.)
Achnacarry, October 5, 1858.
HAVING received from Sir William Ouseley an account of a conversation
he has had with the President of the United States, in which the latter stated
that your Lordship promised, on the part of Her Majesty's Government, that
they were prepared to surrender their claim to the possession of the Bay Islands
and other Honduras territory, or words to that effect, an assertion which Sir
William Ouseley repudiated on your part, I have to instruct your Lordship to
take an early opportunity of representing to the Government of the United
States exactly what have ever been your instructions on this subject.
130
No. 87.
The Earl of Malmesbury to Earl Cowley.
My Lord,
Achnacarry, October 8, 1858.
HER Majesty's Government have received intelligence from Lord Napier
and Sir William Ouseley (who is just leaving Washington to proceed on his
mission to Central America), that the filibusters are preparing for another descent
upon those States.
Her Majesty's Government fear that no doubt can be entertained of the
truth of their reports.
It would appear that the United States' Government, will offer no opposition
to prevent these iniquitous proceedings, and that the horrible scenes of blood-
shed and rapine which took place in Nicaragua in 1856 will probably be renewed.
Your Lordship is aware how unparalleled in atrocity these were, and how a harmless
and effeminate people saw whole towns and districts devastated by a band of
pirates, who recognized no divine or human law; and it must be remembered
that these bandits were finally destroyed or expelled more by the effects of the
climate than by the feeble hands of the natives.
Her Majesty's Government believe it to be a duty they owe to States with
whom they are in relations of peace and amity to assist them against a repetition
of such undeserved calamities, and have determined, in the event of the Nica-
raguan and Costa Rican Governments demanding their assistance, to grant their
request.
Your Lordship is of course aware that Greytown and the Mosquito coast is
already under British protection, and would be, at all events, defended by Her
Majesty's ships. But Her Majesty's Government have thought it expedient, for
the further protection of the Nicaraguan coast from the attacks of pirates, to send
another man-of-war to Punta d'Arenas, on the opposite and Nicaraguan bank
of the river, which is the point most open to aggression.
Your Lordship is aware of the object of Sir W. Ouseley's mission, and you
have imparted it to the French Government.
Her Majesty's Government have reason to believe that the intended expe-
dition of filibusters is partly fostered by the Panamá Railway Company, to
prevent any new line being made across Nicaragua.
Your Lordship will therefore lay before the French Government the facts as
I have stated them, showing that Her Majesty's Government wish for no
monopoly or special advantage for Great Britain, but are anxious to obtain for
the whole world what they seek for their own country.
But Her Majesty's Government cannot tolerate the possibility that Her
Majesty's Envoy, in the act of negotiating with an independent State, should
be harassed, or perhaps driven from his post and his purpose, by the anarchy
which a descent of pirates would again cause in Central America, removing for
an indefinite period all hope of securing the long-desired route across that
continent.
Your Lordship will therefore express to the French Government the earnest
hope that, both in a moral point of view as a great civilized nation, and for
political grounds on which European interests are at stake, the French Govern-
ment will join that of Her Majesty in repelling any attacks which may be made
on the States of Central America by the buccaneers who are threatening its
shores.
If the French Government should agree in opinion with Her Majesty's
Government on this subject, your Lordship will point out that no time should
be lost in sending one or two French men-of-war to Punta d'Arenas.
I am, &c.
(Signed) MALMESBURY.
1
No. 88.
The Earl of Malmesbury to M. Marcoleta.
Foreign Office, October 11, 1858.
I HAVE the honour to acquaint you that, in consequence of the accounts
which have reached Her Majesty's Government of some fresh projects being
Sir,
1
1.0
131
in agitation for a descent on the coast of Nicaragua by a party of filibusters, Her
Majesty's naval forces at Greytown have been authorized, if the Nicaraguan
Government should apply to them for assistance in repelling the attack of any
such parties, to co-operate for that purpose with the Nicaraguan forces.
I am, &c.
(Signed) MALMESBURY.
C
.
girected by the Earl of Malmoch.
.
No. 89.
Mr. Hammond to the Secretary to the Admiralty.
(Extract.)
Foreign Office, October 11, 1858.
I AM directed by the Earl of Malmesbury to request that you will acquaint
the Lords Commissioners of the Admiralty that it appears from the reports
received from Lord Napier and from Sir William (useley previous to the latter's
departure from Washington, that another expedition of filibusters is preparing
to proceed from the United States to Central America; and that Lord Malmes-
bury thinks it desirable that, in addition to Her Majesty's ship “Valorous,"
which has been placed at Sir William Ouseley's disposal, another of Her Majesty's
ships of war of considerable force should be sent at once to Greytown in order to
defend Punta Arenas and the Nicaraguan coast from filibusters.
Lord Malmesbury would suggest that the order to be given to the
Commander of Her Majesty's ships in that quarter should be
1. To defend, at all events, Greytown and the Mosquito coast froin any
descent whatever of brigands.
2. Upon the written demand of the Nicaraguan and Costa Rican Govern-
ments that Her Majesty's naval forces should repel by force filibusters on their
coast, so to repel them by force of arms, giving notice in the first instance to
the said filibusters that it is the intention of Her Majesty's naval Commander
to do so.
No. 90.
The Earl of Malmesbury to Consul Green.
(Extract.)
Foreign Office, October 11, 1858.
I TRANSMIT to you herewith, a copy of a letter which I have directed
to be addressed to the Board of Admiralty, and also a copy of a letter which I
have addressed to M. Marcoleta,* respecting the instructions given to Her
Majesty's naval forces at Greytown to co-operate, if applied to by the Nicaraguan
Government, with the forces of the Republic in repelling the attacks of
filibusters.
You will urge the Nicaraguan Government at Punta Arenas, should there
be reason to expect an attack, to occupy Punta Arenas with a strong garrison,
although Her Majesty's Government consider it under their protection : but you
will, at the same time, suggest to them not to apprize the garrison of the nature
of the instructions given to the British Naval Commander, inasmuch as the
knowledge that the British naval forces were authorized to protect the place
would probably induce the garrison not to exert itself; whereas such exertion
on its part is a condition of the assistance to be given by the British force.
I am, &c.
(Signed) MALMESBURY.
.
No. 91.
The Earl of Malmesbury to Lord Napier.
My Lord,
Foreign Office, October 13, 1858.
I HAVE to acquaint your Lordship that Her Majesty's Government agree
in the opinion expressed in your despatch of the 20th ultimo, as to the necessity
of protecting Costa Rica and Nicaragua against the attacks of filibusters; and I
inclose, for your Lordship’s information, a copy of a letter which I have directed
to be addressed to the Board of Admiralty on the subject.t
* Nos. 88 and 89.
† No. 89.
132
I inclose a copy of a despatch to Earl Cowley and one of a letter to
M. Marcoleta on the same subject.*
I am, &c.
(Signed) MALMESBURY.
No. 92.
1
.
The Earl of Malmesbury to Lord Napier.
My Lord,
Foreign Office, October 14, 1858.
I HAVE received your despatch of the 20th of September, reporting
a conversation with the Nicaraguan Envoy, from which it appears that his Govern-
ment desires to obtain from that of the United States such a modification of the
Treaty signed by M. Yrissari, as would provide, first, that American troops
dispatched across the transit route should not be directed against a country at
peace with Nicaragua ; and, secondly, that, in case of disturbance on the route,
the force destined for its protection should be solicited by Nicaragua in the first
instance, or, at least, should not be employed without the consent of that Govern-
ment.
I have to state to your Lordship, in reply, that Sir William Ouseley will be
authorized to accede to the wishes of Nicaragua in these respects, if they should
be preferred.
I have at the same time to repeat to your Lordship, with reference to the
concluding passage of your despatch, that you must not consult or appear to
ask the advice of the Government of the United States with reference to these
matters. Her Majesty's Government are dealing independently with independent
States, and do not require permission from any one to negotiate with Nicaragua
and Costa Rica.
I am, &c.
(Signed) MALMESBURY.
-
No. 93.
The Earl of Malmesbury to Sir W. G. Ouseley,
Sir,
Foreiyn Office, October 14, 1858.
I TRANSMIT to you herewith a copy of a despatch from Lord Napier,
reporting a conversation with the Nicaraguan Envoy respecting the modification
which his Government desires to bring about in the Treaty signed by M. Yrissari.
These modifications, as you will perceive, refer to the passage of troops across the
transit route, and to the protection, in case of disturbance, of the route itself.
The Nicaraguan Government desires that it should be provided, first, that troops
dispatched across the Isthmus should not be directed against a country at peace
with Nicaragua; secondly, that in case of disturbance on the route, the force
destined for its protection should be solicited by Nicaragua in the first instance,
or at least that it should not be employed without the consent of that Govern-
ment.
I have to state to you that you are authorized to accede to the wishes of the
Government of Nicaragua in these respects if they should be pressed upon you
in the course of your negotiation.
I inclose a copy of a despatch which I have addressed to Lord Napier on
this matter.
I am, &c.
(Signed) MALMESBURY.
P.S.-You will of course consider yourself authorized to make similar altera-
tions (if they should be desired) in the corresponding Articles of the draft of
Treaty of Friendship, Commerce, and Navigation with Costa Rica.
* Nos. 87 and 88.
† No. 83.
I No. 92.
133
Sir,
No. 94.
The Earl of Malmesbury to Sir W. G. Ouseley.
Foreign Office, October 16, 1858.
I HAVE to state to you, with reference to Articles XXI and XXII of the
Draft of Treaty with Nicaragua inclosed in my, despatch of the 9th of
August, that, although Her Majesty's Government have, in the latter Article,
made provision for the protection by British troops, in case of need, of the
transit route, they have no desire to witness a state of things in that quarter which
would call for their armed interposition, but would much prefer that Nicaragua
should be able to protect the passage by its own means. But as regards Article
XXI, which provides for the passage of British troops, I have to state to you that
this is a point of vital importance to this country, now that we have established
a new and important Colony on the north-west coast of America. Her Majesty's
Government have no reason to apprehend that any objection will be made to the
stipulation by the Government of Nicaragua, but it is one which Her Majesty's
Government cannot give up. They do not, as I have said, wish to protect the
route, neither have they any desire to attack the allies of Nicaragua with British
troops passing by the route, but they wish to secure the safe and rapid transit
of those troops; and you will take care that the clause in the Treaty provides
for that object.
I am, &c.
(Signed) MALMESBURY.
Sir,
No. 95.
Mr. Hammond to the Secretary to the Admiralty.
Foreign Office, October 19, 1858.
WITH reference to my letter of the 11th instant, relative to the instruc-
tions to be given to Her Majesty's naval forces at Greytown to co-operate, if
applied to by the Nicaraguan Government, with the forces of the Republic in
repelling the attacks of the filibusters, I am directed by the Earl of Malmesbury
to transmit to you, for the information of the Lords Commissioners of the
Admiralty, a copy of an instruction which his Lordship has addressed to Her
Majesty's Consul at Greytown upon that subject.*
I am, &c.
(Signed) E. HAMMOND.
No. 96.
The Earl of Malmesbury to Lord Napier.
My Lord,
Foreign Office, October 20, 1858.
WITH reference to my despatch of the 14th instant, relative to the
modifications which the Nicaraguan Government desire to bring about in the
Treaty signed with the said States by M. Yrissari, I inclose herewith, for your
Lordship's information, copies of two instructions which I have addressed to
Sir W. G. Ouseley for his guidance in case these inodifications are pressed upon
him by the Nicaraguan Government..
I am, &c.
(Signed) MALMESBURY.
No. 97.
The Earl of Malmesbury to Sir W. G. Ouseley.
(Extract.)
Foreign Office, October 26, 1858.
I HAVE to observe to you that, of course, we must, if we agree to modify
now the Article of the Treaty relating to the landing of troops on the transit
route, stand on the same footing as the most favoured nation hereafter, upon
this and any other point.
* No, 90.
of Nos. 93 and 94..
134
No. 98.
The Earl of Malmesbury to Sir W. G. vuseley..
(Extract.)
Foreign Office, October 26, 1858.
I HAVE to instruct you to proceed at once and without delay to conclude
the Treaties with Nicaragua and Costa Rica.
I have also to impress upon you the importance of bringing your negotia-
tions to a conclusion before Christmas.
No. 99.
The Earl of Malmesbury to Lord Napier.
My Lord,
Foreign Office, October 27, 1858. '
I HAVE to state to your Lordship that, in the course of a conversation
which I had with the American Minister the day before yesterday, I took
occasion to observe that two of Her Majesty's ships of war had lately been
dispatched to Greytown with the view of preventing any descent on that place,
or on the Mosquito coast, by parties of filibusters who, I said, Her Majesty's
Government had heard with great regret were meditating a renewal of their
nefarious attacks on Central America.
I further said that Her Majesty's Government having, as he was aware,
sent a Special Envoy to Central America to negotiate with the Governments of
Nicaragua and Costa Rica for a settlement of the question relating to Mosquito,
and generally of other matters in which this country had an interest, including
those relating to the transit across the Isthmus, they were determined not to
allow those negotiations to be impeded or rendered nugatory by the irruption of
bands of filibusters into Nicaragua or Costa Rica ; and that, consequently, Her
Majesty's naval forces would co-operate, if invited to do so, with the forces of
those Republics to repel any such inroads : and I added, that Her Majesty's
Government, knowing that a considerable naval force of the United States was
at present in that quarter, sincerely trusted that the officer in command of that
force would be instructed to contribute, to the utmost of his means, to defeat
the schemes of marauders who, in defiance of all principle, might seek to renew
in Central America the scenes of devastation and bloodshed which had on a
previous occasion excited the disgust of the civilized world, and which, Her
Majesty's Government were glad to acknowledge, had been branded with the
strongest disapprobation by the Government of the United States.
The language of Mr. Dallas, in reply, was highly satisfactory. He did not
question the propriety of the course which Her Majesty's Government had
marked out for themselves in these matters; and he assured me that the
Government of the United States viewed with the strongest feelings of abhor-
rence the attempts on the part of filibusters to produce confusion in Central
America, and was determined not only to discountenance, but to repress to the
utmost of their ability, the prosecution of such attempts.
Your Lordship will state to General Cass the satisfaction with which Her
Majesty's Government have received these assurances; and Her Majesty's
Government do not doubt that if the filibusters acquire the conviction that on
both sides of the Isthmus they will have to encounter the arınęd opposition of
the naval forces of England and of the United States, and very possibly of other
maritime Powers, they will, however reluctantly, abandon their nefarious schemes,
and allow the Republics of Central America to enjoy that internal tranquillity
which is so essential for their consolidation, and for the security of the inter-
oceanic communication in which all commercial nations have so deep an
interest.
I am, &c.
(Signed) MALMESBURY.
No. 100.
: Lord Napier to the Earl of Malmesbury.-(Received November 8 )
My Lord, .
Washington, October 25, 1858.
M. JEREZ has been received by the President as Minister of Nicaragua,
and, though his powers have not enabled him to make those concessions to the
135.
11
Government of the United States which are deemed by the latter essential to an
accommodation, he is not dismissed, as was reported in the newspapers, but
remains in the country, and is recognized in his diplomatic capacity.
The controversy turns, as your Lordship is aware, upon certain Articles in
the Cass-Yrissari Treaty.
M. Jerez is instructed to insist on the sense, if not on the exact text, of
the alterations made by the Nicaraguan Legislature. General Cass is, as I have
previously stated, willing to concede one point, viz., that the United States'
troops sent across the route shall not be employed against a Power with which
Nicaragua is at peace; but he insists on the right, as yet repudiated by Nicaragua,
of dispatching forces, without invitation, to maintain the security of the transito
The Secretary of State has informed me that, unless the Government of
Nicaragua, either by communication to General Lamar or by orders to M. Jerez,
made the required concession, 'the President would be obliged to appeal to
Congress for powers to proceed against that Republic by force of arms.
Under these circumstances, it certainly appears desirable that the Govern-
ment of Nicaragua should accede to the demands of the United States, and
should grant, as soon as possible, to France and England, the same rights of
intervention.
It appears that M. Jerez has been enabled to satisfy the Government of the
United States in reference to the offensive Manifesto signed by the Presidents of
Nicaragua and Costa Rica.
In the course of my conversation with General Cass, he intimated that the
Government of the United States was by no means wedded to the system of
monopoly, but might desire to see the use of the transit thrown open to the
whole world, without the intervention of a single chartered Company. I have
reason to believe that M. Jerez may make a proposition, in this sense, to the
American Cabinet.
I have, &c.
(Signed) NAPIER.
No. 101.
The Earl of Malmesbury to Sir W. G. Ouseley.
(Extract.)
Foreign Office, November 10, 1858.
I INCLOSE herewith, for your information, a copy of a despatch from
Her Majesty's Minister at Washington,* upon the subject of the alterations made
by the Nicaraguan Legislature in the Treaty signed by M. Yrissari with General
Cass; and I have to state to you that, if the same power of landing troops to
maintain the security of the transit route be granted to England and France as
is insisted on by the United States, the danger apprehended by Nicaragua will
be greatly lessened, if not entirely removed : and you will accordingly urge on
the Government of Nicaragua the policy of conceding that power to all three
States.
A contrary course on the part of Nicaragua will, by a rupture with the
United States, upset the whole negotiation with which you are charged.
The case may be shortly stated thus: We have no wish, for English objects,
to possess the power under Treaty to land and employ troops for the protection
of the transit route without the consent of Nicaragua; but, if the United States'
Government will not give way on this point, then not only will Her Majesty's
Government require to be placed, in that respect, upon the same footing as the
Government of the United States, but it would be advantageous to Nicaragua
that the British Government and France should be equally entitled to claim,
under Treaty, such a privilege. It would appear to be the best course at once
to grant the privilege desired by the United States to the three Powers.
1
No. 102.
The Earl of Malmesbury to Sir W. G. Ouseley.
(Extract.)
Foreign Office, November 16, 1858.
IN the drafts of Treaties which you have been instructed to propose to the
Republics of Nicaragua and Costa Rica, Her Majesty's Government do not offer
* No. 100.
T 2
136
to those Republics any territorial guarantee, that is, a guarantee of sovereignty,
but only a guarantee of the neutrality of the interoceanic communication; and
you will be careful to cause it to be clearly understood, in all your coinmunications
on this subject with the Ministers of the Republics, that Her Majesty's Government
do not intend to give a territorial guarantee.
No. 103.
The Earl of Malmesbury to Lord Napier.
(Extract.)
Foreign Office, November 18, 1858.
I HAVE to instruct you to take an opportunity, in your communications
with the United States' Government, to make them clearly understand that, in
the Drafts of Treaties which Sir W. Ouseley has been instructed to propose to
the Governments of Nicaragua and Costa Rica, Her Majesty's Government do
not offer to those Republics any territorial guarantee that is, a guarantee of
sovereignty,—but only a guarantee of the neutrality of the interoceanic commu-
nication.
No. 104.
Lord Napier to the Earl of Malmesbury.-(Received November 22.)
(Extract.)
Washington, November 7, 1858.
I HAVE the honour to inclose herewith copy of a Proclamation issued by
the President of the United States against the parties who are at present meditat-
ing a piratical enterprise in Central America, under the disguise of peaceful
emigration.
The principles laid down in this document are praiseworthy, and it may be
hoped that the measures of the Federal authorities in the outports will be more
commensurate to the orders of the Central Government than proved to be the
case last year.
Inclosure in No. 104.
Proclamation.
By James Buchanan, President of the United States of America.
..WHEREAS information has reached me from sources which I cannot
disregard, that certain persons, in violation of the Neutrality Laws of the United
States, are making a third attempt to set on foot a military expedition within
their territory against Nicaragua, a foreign State, with which they are at peace.
In order to raise money for equipping and maintaining this expedition, persons
connected therewith, as I have reason to believe, have issued and sold bonds
and other contracts pledging the public lands of Nicaragua and the transit
route through its territory as a security for their redemption and fulfilment.
The hostile design of this expedition is rendered manifest by the fact
that these bonds and contracts can be of no possible value to their holders
unless the present Government of Nicaragua shall be overthrown by
force. Besides, the Envoy Extraordinary and Minister Plenipotentiary of
that Government in the United States has issued a notice, in pursuance
of his instructions, dated on the 27th instant, forbidding the citizens or
subjects of any nation, except passengers intending to proceed through Nica-
ragua over the transit route from ocean to ocean, to enter its territory
without a regular passport, signed by the proper Minister or Consul-
General of the Republic resident in the country from whence they shall have
departed. Such persons, with this exception, "will be stopped and compelled
to return by the same conveyance that took them to the country.” From these
circumstances the inference is irresistible that persons engaged in this expedition
will leave the United States with hostile purposes against Nicaragua. They
cannot, under the guise which they have assumed that they are peaceful
emigrants, conceal their real intentions, and especially when they know, in
advance, that their landing will be resisted, and can only be accomplished by an
overpowering force. This expedient was successfully resorted to previous to
the last expedition, and the vessel in which those composing it were conveyed
137
to Nicaragua obtained a clearance from the Collector of the port of Mobile.
Although, after a careful examination, no arms or munitions of war were disco-
vered, yet, when they arrived in Nicaragua, they were found to be armed and
equipped, and immediately commenced hostilities.
The leaders of former illegal expeditions of the same character have openly
expressed their intention to renew hostilities against Nicaragua. One of them, who
has already been twice expelled frorn Nicaragua, has invited, through the public
newspapers, American citizens to emigrate to that Republic, and has designated
Mobile as the place of rendezvous and departure, and San Juan del Norte as the
port to which they are bound. This person, who has renounced his allegiance
to the United States, and claims to be President of Nicaragua, has given notice
to the Collector of the port of Mobile that 200 or 300 of these emigrants will be
prepared to embark from that port about the middle of November.
For these and other good reasons, and for the purpose of saving American
citizens who may have been honestly deluded into the belief that they are about
to proceed to Nicaragua as peaceful emigrants, if any such there be, from the
disastrous consequences to which they will be exposed, I, James Buchanan,
President of the United States, have thought it fit to issue this my Proclama-
tion, enjoining upon all officers of the Government, civil and military, in their
respective spheres, to be vigilant, active, and faithful in suppressing these illegal
enterprises, and in carrying out their standing instructions to that effect; exhort-
ing all good citizens, by their respect for the laws, and their regard for the peace
and welfare of the country, to aid the efforts of the public authorities in the
discharge of their duties.
In testimony whereof, I have hereunto set my hand, and caused the seal of
the United States to be affixed to these presents.
Done at the city of Washington the 30th day of October, 1858, and of the
independence of the United States the 83rd.
(Signed) JAMES BUCHANAN.
By the President :
(Signed) Lewis Cass, Secretary of State.
No. 105.
Lord Napier to the Earl of Malmesbury.----(Received November 22.)
My Lord,
Washington, November 8, 1858.
IN referring to the proposed modifications of the Cass-Yrissari Treaty,
General Cass stated to me this forenoon, that the Government of the United
States were irrevocably resolved never to recede from that stipulation which
secured to them the right of sending forces at their discretion to protect the
freedom of the transit.
He was, however, ready to accept a modification, prescribing that the forces
dispatched in transit across the Isthmus should not be directed against a Power
at peace with Nicaragua.
I have, &c.
(Signed) NAPIER.
No. 106.
Lord Napier to the Earl of Malmesbury.--(Received November 22.)
My Lord,
Washington, November 9, 1858.
GENERAL CASS invited me to the Department of State this morning,
and informed me that having had under his consideration my communication
relative to the contemplated interference of Her Majesty's forces in Central
America against the incursions of filibusters, it was his duty to acquaint me that,
in the opinion of the Government of the United States, such intervention would,
be a violation of the terms of the Clayton-Bulwer Treaty.
I contended, in reply, that the temporary occupation of Central American
territory, on the demand of the lawful Governments for a limited time and
specified purpose by Her Majesty's forces, did not constitute such an occupa-
tion as that which was prohibited by the Treaty, and involved no exercise of
sovereignty or dominion. The Government of the United States had repeatedly
declared their intention, în case of necessity, to occupy the transit route with
· 138
out; but the order to lay his views espectable portion
armed forces for a useful and temporary purpose, namely, in order to keep the
route open, and secure the freedom of the traffic. They argued, and I believed
with justice, that such an 'intervention did not infringe the stipulations of the
Treaty. In like manner, the intended intervention of Her Majesty's forces to
protect the Government of Nicaragua during the progress of a negotiation the
objects of which were useful to the interests of commerce, and particularly
agreeable to the United States, could not be regarded as an infraction of the
Treaty.
The Secretary of State remarked that the usefulness of the negotiation
entrusted to Sir William Ouseley did not affect the question of right, and drew
a distinction in favour of the interference of the United States on the transit
route, which would be merely for the purpose of keeping the transit open.
I argued that the occupation of the transit route might involve the exercise
of police, and might even draw the forces of the United States into collision
with those of the Central American Governments; but, considering the salutary,
restricted, and temporary purpose of that intervention, it would not be construed
as an infraction of the Treaty of 1850. The same arguments applied to the
intervention meditated in certain contingencies by Her Majesty's Government..
General Cass, however, emphatically requested me state to your Lordship
that he deprecated the interference of Her Majesty's forces on two grounds:
1st. Because it would be, in the deliberate opinion of his Government, an
infraction of the Treaty of 1850; and,
2ndly. Because that interference, if it occurred, would tend to inflame the
spirit of unlawful aggression in this country, and might lead to serious embar-
rassments in the relations of our respective countries.
I stated, in reply, that I was aware that the intervention of Her Majesty's
forces might create some excitement here, which I should regret; but when the
purpose of our action was properly explained, I believed the respectable portion
of the community would be satisfied. I would lay his views immediately before
Her Majesty's Government; but the orders had gone out to our officers, and
would, no doubt, be carried into effect. I conceived that the Earl of Derby and
your Lordship had definitively resolved on the measure which I had indicated ;
and that it would be put in operation with the determination characteristic of
the Head of Her Majesty's Government.
Her Majesty's Government had distinctly resolved to protect Sir William
Ouseley and the Government to which he is accredited during the progress of
the negotiation. If they had not done so, Her Majesty's Representative would
be exposed to disturbance, and, perhaps, even to capture, at the hands of .
pirates, which could not possibly be permitted. I trusted that the partizans of
Walker would not embark on their enterprise ; but if they did, and blood were
shed, it would rest on the head of the aggressors.
General Cass assured me that the Government of the United States were
endeavouring to prevent the departure of Walker by every possible means, and
even more energetically than the public were aware of, and he believed that the
efforts of the President would be successful.
I concurred with General Cass in his hope that all the unhappy consequences
contingent on the escape of Walker's band from the ports of the United States
might be prevented; but I am bound to state to your Lordship that past
experience demonstrates that all the admonitions and menaces of the President,
and all the vigilance prescribed to the Federal authorities, may not prove
effectual in preventing the embarkation of an unlawful expedition in the Southern
States.
It is, therefore, my intention to apprize the Commander of Her Majesty's
forces of the impending danger, and to advise him to place himself in communi-
cation with the Governments of Nicaragua and Costa Rica without delay, though
I trust that, under the orders of Her Majesty's Government, he has already
done so.
It may be right for me to remark to your Lordship that the intentions of
Her Majesty's Government, in regard to the protection of the Government of
Nicaragua and Her Majesty's Minister, were distinctly intimated to General
Cass two months ago; but it was not until to-day that any objection was
expressed by the Secretary of State.
I have, &c.
(Signed) NAPIER.
ove unterprise ; but if thev did amin
139
No. 107. .
The Earl of Malmesbury to Lord Napier.
My Lord,
Foreign Office, November 19, 1858.
I HAVE to instruct your Lordship to express to the President the satisfac-
tion with which Her Majesty's Government have read his recent Proclamation
against the projects now in agitation in the United States for a fresh attempt to
disturb the peace of Central America.
Her Majesty's Government look upon this denunciation by the President,
at this particular juncture, of the nefarious projects of unprincipled adventurers
as an additional proof of his determination conscientiously to act up to the
enlightened policy which he has announced, and to check by every means which
the Constitution of the United States places at the disposal of the Executive the
enlistment of American citizens in expeditions directed against friendly States,
and the departure from the shores of the United States of adventurers of any
nation who may seek to make the territory of the United States a basis of
operations for carrying out their evil purposes.
I am, &c.
(Signed) MALMESBURY.
No. 108.
Mr. Wyke to the Earl of Malmesbury.—(Received November 20.)
My Lord,
Guatemala, September 26, 1858.
I HAVE the honour to acknowledge the receipt of your Lordship's despatch
of the 9th ultimo, informing me that Sir William Gore Ouseley will now
proceed, without further delay, to Nicaragua, but that his commission has been
limited to negotiating with the Republics of Nicaragua and Costa Rica, and will
not embrace the more extended objects originally contemplated.
Until I ascertain from him the time of his departure, I will, in obedience to
your Lordship's commands, not communicate the fact to any one.
I shall, of course, be most happy to afford to Sir William Gore Ouseley all
the information and assistance which he may require of me, and which I may be
able to furnish, for the execution of the duties entrusted to him.
I have, &c.
(Signed) CHARLES LENNOX WYKE.
.
No. 109.
The Earl of Malmesbury to Lord Napier.
My Lord,
Foreign Office, November 26, 1858.
I HAVE to acquaint your Lordship that Her Majesty's Government
entirely approve the language which you held to General Cass in the conversa-
tion reported in your despatch of the 9th instant.
In that conversation General Cass adverted to the communication which
your Lordship had made to him that Her Majesty's Government would interfere,
if required by Nicaragua to do so, to protect that State from an attack on the
part of the filibusters, pending the negotiations in which Sir William Ouseley
was engaged. His Exceğlency proceeded to announce to your Lordship that the
Government of the United States would consider such interference as an infringe-
ment of the stipulation of the Clayton-Bulwer Treaty, which provides that
neither Great Britain nor the United States shall “occupy, fortify, colonize,
assume, or exercise any dominion over Nicaragua, Costa Rica, the Mosquito
Coast, or any part of Central America."
Her Majesty's Government cannot but consider this objection unsound, as
it is in every respect also singularly ill-timed, at a moment when the Govern-
ment of the United States is insisting with the Government of Nicaragua upon
the privilege of occupying with American troops, even without the consent of
Nicaragua, the whole or any portion of the transit route to be established through
its territory. To such occupation there might be no limit in point of time, for
the very circumstance would tend to unsettle all the countries of Central
America, while even a temporary occupation for purposes specified would involve
the assumption and exercise of dominion, against which the provisions of the
Treaty are pointedly directed,
IT
140
Notwithstanding this general view of the case, Her Majesty's Government
are not prepared to maintain that circumstances might not occur in which it
would be desirable that the transit line should have the protection of foreign
troops on the neutral territory. It is, therefore, not with the object of arguing
against such eventualities, but to show the anomalous language held by the
United States' Government, that I make these observations to your Lordship.
But the possible occupation, if, indeed, it can be so called, which, in a
certain contingency, might be made by Her Majesty's forces of a portion of the
Coast of Nicaragua, would be of a very different character. It would take effect
only at the request of the Government of Nicaragua, would be carried out in
conjunction with the forces of that Republic, would involve no assumption or
exercise of dominion, and would be strictly limited in point of duration.
Her Majesty's Government cannot, however, suppose that the Government
of the United States will seriously contend that assistance temporarily rendered
to one of the Republics of Central America, at the request of that Republic, and
determinable at its pleasure, to enable it to repel the inroads of lawless men,
seeking, as they have done before, to spread devastation throughout the country,
amounts to an occupation of territory such as it was the object of the Treaty of
1850 to prevent.
Still less can the United States, in the opinion of Her Majesty's Government,
assume, with any show of reason, that Her Majesty's Government have not a
right to take effectual measures to prevent an important negotiation in which
they are about to enter with an independent State, and the free action, and even
the personal safety, of the British Envoy from being imperilled, by the descent
on the shores of Nicaragua of the hostile bands which, there is too much reason
to suppose, are now in course of organization.
Her Majesty's Government are firmly resolved to defeat any such attacks
'by every means at their disposal. They do not require the assent of Nicaragua
to authorize them to defend Greytown or its dependency Punta Arenas.
Pending the result of the negotiations with Nicaragua, those two places will
continue, as they have been for many years past, under the immediate protec-
torate of Great Britain, as forming part of the Mosquito territory. By holding
these points, and with a powerful naval force in the immediate neighbourhood,
Her Majesty's Government feel persuaded that the evil-minded men whose
designs have been justly and so energetically denounced by the President of the
United States wili hesitate before they undertake a hopless adventure. If
unfortunately they should attempt to do so, the consequences will be on their
own heads; and Her Majesty's Government do not doubt that in such a
contingency the naval forces of the United States will carry out the intentions
of the President, and zealously cooperate with those of Her Majesty to repel
the marauders from the points through which they might gain access to the
territory of Nicaragua.
Her Majesty's Government have, indeed, little reason to suppose that
occasion will arise for Her Majesty's forces to land for the protection of the
Mosquitian or Nicaraguan territory, and they have no hesitation in saying that
they anxiously desire that that necessity should not occur. The most effectual
means of obviating it rest with the Government of the United States themselves,
for it is only from that quarter, directly or indirectly, that attacks are likely to
be made on Nicaragua, and Her Majesty's Government do not doubt that those
attacks can be averted or repelled by the strenuous and vigilant co-operation of
the authorities of the United States with the naval forces of Her Majesty.
General Cass seems to have endeavoured to impress upon your Lordship
that the knowledge of the intention of Her Majesty's Government to protect
Nicaragua from the inroads of filibusters, would give an impulse to the schemes
of such adventurers and so embarrass the relations between the two countries.
Her Majesty's Government trust that your Lordship did not rightly seize
the purport of General Cass's observations, for they can hardly anticipate that
the fact of Her Majesty's forces interfering to prevent crimes by unprincipled
adventurers whose objects and proceedings the Government of the United
States have branded with reprobation and expressed their determination to
frustrate, should at once produce a change in the policy of the United States,
and enlist the sympathy of the Government in favour of the aggressors.
The objects which Her Majesty's Government seek to obtain by negotia-
tion with Nicaragua have not been concealed from the Government of the
United States, for they were announced and explained to the United States
un
141:
-
Government two months ago. They involve the facility of the transit through
Nicaragua, in which, more than any other country, the United States have a
deep interest, while they entertain no preference whatever for any particular
contractor or company for carrying out the operations. They, furthermore,
contemplate a settlement in regard to Mosquito, which the United States have
always expressed a great anxiety to see effected.
Her Majesty's Government feel, therefore, that on these grounds alone the
Government of the United States must desire to promote rather than to
embarrass the course of the negotiations; but be that as it may, Her Majesty's
Government cannot allow their right to negotiate with an independent State to
be questioned, their negotiations to be impeded, or the personal safety of the
British Envoy to be imperilled by attempts on the part of marauders whose
schemes of anarchy and bloodshed would for many years retard the peaceful
settlement of a country whose tranquillity is a primary object with all the
commercial nations of the world.
The Government of the United States have long since been apprized by
your Lordship that such was the determination of Her Majesty's Government,
and the manner in which that communication was received by General Cass,
as reported in your despatch of the 9th of September, was certainly not
calculated to lead Her Majesty's Government to expect the remonstrances
which, on the occasion referred to in your despatch of the 9th of November,
General Cass addressed to your Lordship. Her Majesty's Government trust,
however, that the remarks which I have now made, and the substance of which
your Lordship will impart to General Cass, will satisfy that Minister that no viola- .
tion of the Clayton-Bulwer Treaty is contemplated, or likely to be involved, in any
operations which, under any circumstances, Her Majesty's naval forces may be
compelled to adopt for the purposes specified in this despatch, and that the
Government of the United States will act up to its repeated declarations, that it
will frustrate, by all legal means, the departure from the shores of the Union, or .
the descent upon Nicaragua, of the piratical expeditions which threaten Central
America.
I am, &c.
(Signed) MALMESBURY.
n
No. 110.
The Earl of Malmesbury to Lord Napier.
TL
n
n
.
(Extract.)
Foreign Office, November 26, 1858.
ALTHOUGH I have not received the note from General Cass of which
your Lordship promises the arrival, I understood enough of its spirit, from your
Lordship's last communications, to render it desirable that I should see Mr. Dallas
before the departure of this mail.
The American Minister called upon me, by invitation, yesterday, and I at
once entered into the subject of General Cass' objections to the possible landing
of our forces in Nicaragua for the purpose of repelling any descent of filibusters.
My language to Mr. Dallas I need not repeat, inasmuch as it was strictly
conformable to that which I have expressed to your Lordship in my despatch
No. 182 of this day's date.
Mr. Dallas, having heard me with attention, attempted to show that the
orders given to Her Majesty's naval officers might produce complications because
the Governments of Nicaragua were constantly changing, and that there being a
party there in favour of Walker, we might be interfering with the will of the
Nicaraguan people.
I replied that in no case should our forces land unless invited to do so by
the de facto Government of Nicaragua; and that, of course, if the Walker party
were in power they would not invite us to repel Walker.
Mr. Dallas went on to observe that it would be difficult to distinguish
between emigrants and filibusters; to which I said that I had too much confi-
dence in the intelligence of Her Majesty's officer in command to fear such a
misapprehension.
Mr. Dallas attempted to show that the privilege of landing troops to protect
the transit route, now being pressed by the United States? Government in their
142
negotiations with Nicaragua, was not a breach of the Clayton-Bulwer Treaty, as
our act of landing a force to repel filibusters might be considered.
1, of course, showed him that before the route was made it was necessary to
protect the country through which it was to pass, and the negotiator who was
to prepare the way for its success, and that to protect the route in embryo was
as legal and necessary as to secure it when finished; and I informed him that
Her Majesty's Government did not object to the American demand, and had
instructed Sir William Ouseley to support it. I must state that Mr. Dallas did
not press this untenable argument.
VV
.
t
.
UN
No. 111.
Lord Napier to the Earl of Malmesbury.—(Received December 1.)
(Extract.)
Washington, November 12, 1858.
YOUR Lordship's despatch of the 27th of October communicated to
me the substance of a conversation between Mr. Dallas and your Lordship on
the subject of the meditated intervention of Her Majesty's forces, in certain
contingencies, in Central America. It appears by the tenor of your Lordship's
statement that Mr. Dallas concurred in the views expressed by your Lordship, or,
at least, that he did not dispute the propriety of the course contemplated by Her
Majesty's Government in resolving to protect the territory of Nicaragua and
Costa Rica from the invasion of foreign adventurers during the period of Sir
William Gore Ouseley's negotiations.
On the other hand, I have learnt from the Secretary of State that the
Government of the United States would regard the occupation of any portion of
the territory of Central America, for the purpose above-mentioned, as an infrac-
tion of the terms of the Treaty of 1850.
Apprehending, therefore, that some greater discrepancy might arise between
the language of General Cass and that of the Representative of the United
States in London, I thought myself justified in reading aloud to the Secretary of
State your Lordship's despatch, and in requesting that the opinion of the American
Cabinet might be fully imparted to Mr. Dallas, in order that all misapprehension
of their meaning might be prevented.
I also stated to General Cass that I intended to submit to Her Majesty's
Government some remarks respecting the bearing of the Clayton-Bulwer Treaty
upon the question now under discussion, and I asked him on what provision in
that instrument he founded his opinion that the armed interference of Her
Majesty's Government was prohibited.
General Cass having first informed me that he had received no report from
Mr. Dallas of the conversation alluded to above, or, at least, that he had observed
none, up to that moment, in the despatches of the American Minister, which he
had not had time to read through, stated that as he was obliged to attend a
Cabinet meeting he could not go fully into this controversy, but that he based
bis opinion on the terms of Article I of the Treaty of 1850, which bound the
Contracting Parties not to “occupy” or exercise "dominion” in Central America.
Now, he said, you cannot land forces without “occupation” and exercising
“ dominion.” He added that the President would witness the intervention of
Her Majesty's forces in Central America with great regret.
I venture, however, to lay before your Lordship the following reflections in
regard to the arguments derived by the Secretary of State from the Clayton-
Bulwer Treaty.
The Treaty unquestionably debars the Contracting Parties from “occupy-
ing" the territory of Central America or exercising “ dominion” there ; and at
an earlier period it is possible that Her Majesty's Government might have
construed this language in the most stringent manner, and ruled that every sort
of occupation and dominion were thus absolutely prescribed.
The Government of the United States have, however, led the way, in
introducing a mitigated and liheral interpretation of the terms referred to. They
have negotiated a Treaty with Nicaragua, by which they stipulate for the right.
of sending their forces, spontaneously, on their own judgment, to preserve the
use and freedom of the transit route, engaging to withdraw them when the
necessity for their presence shall no longer exist. Nay more, the Secretary of
: 143
1
-
State has over and over again assured me that with or without a Treaty, with
the consent or against the will of the Nicaraguan Government, the forces of the
United States would go up the river, force the passage, and protect the freedom
of the route. Recently General Cass has added that the Minister of the United
States in Nicaragua has authority to call in the assistance of the American
squadron to protect the rights of American citizens.
General Cass has admitted to me that the course of action thus indicated
may not be strictly consistent with the principles of international law as com-
monly laid down, or with the rights of Nicaragua as a Sovereign State; but he
pleads a high expediency and necessity. He has observed to me that inter-
national law is “not a stationary law,” intimating that it must be expanded and
accommodated to the increasing necessities and altered views of the civilized
· world. He contends that all nations have a kind of natural right to avail them-
selves of the interoceanic passages—the necessary avenues of emigration and
traffic; and that the United States stand here on the strongest ground, as those
routes are the channel of communication between their eastern and western
territories. The Government of the United States will, therefore, vindicate the
claims of their citizens in this matter, and, if necessary, even by force of arms,
It is clear that the policy thus defined by the Secretary of State would
involve the “ occupation” of Central American soil, and the exercise of a kind
of temporary “ dominion” there. It might, moreover, bring the forces of the
United States into direct collision with the forces of the Powers having sove-
reignty and jurisdiction over the passages. General Cass, however, argues that
this is not the "occupation” and “ dominion” prohibited by the Clayton-Bulwer
Treaty. The contemplated action of the United States' forces would be limited
in purpose and duration, and would be directed to the very object for which
the Treaty was framed, viz., to secure the formation and free use of the inter-
oceanic route.
Her Majesty's Government, whatever might have been their original views
on this subject, have, in a great measure, assented to those of the United States.
They have not protested against the interpretation thus placed upon the Treaty
of 1850, and they have instructed Sir William Ouseley to negotiate with Nicaragua
for the same rights of protection and enjoyment in the transit route which are or
may be accorded to the Government of the United States.
If the occupation of Central American territory for the purpose of protecting
the transit route, and the exercise of the authority or “ dominion” there necessary
for such a purpose, does not constitute an infraction of the Clayton-Bulwer
Treaty, neither does, for the very same reasons, the projected intervention of
Her Majesty's forces against unlawful aggression, during the period of Sir William
Gore Ouseley's mission, constitute such an infraction.
The contemplated intervention of Her Majesty's forces is limited in purpose
and duration. It is for the protection of the pending negotiations, and the object
of those negotiations is the security and regulation of the transit ronte.
For this purpose, Her Majesty's Government are not only prepared, like
the Government of the United States, to employ their forces on the river, but
they are disposed, with due regard to existing interests, to make a cession of
those rights of Protectorate in Mosquitia which might be thought to embarrass
the perfect neutrality of the passage, and which seem to stand in the way of an
harmonious adjustment of prolonged dissensions.
The object of the intervention contemplated by the United States, and the
object of that designed by Her Majesty's Government, are identical ; and if the
former can be practised under the stipulations of the Clayton-Bulwer Treaty,
the latter can be exercised with equal freedom.
In addition, however, to these arguments, which justify the resolutions of
Her Majesty's Government, there are others which strongly recommend an
energetic interference on this occasion. Her Majesty's Government have
sent out to Central America a special Minister empowered to make certain
concessions to the Government of Nicaragua, which have been much invoked
by the Government of the United States, and which are thought advisable in the
interest of general commerce. I need not remark to Her Majesty's Government
that if their Representative were exposed to indignity and disturbance from a
piracical invasion, not only would the character of Her Majesty's Government
suffer before the Central American people and that of the United States, but
the salutary purposes to which his efforts are directed would be frustrated, and
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144
the arrangement of the Central American difficulties might be indefinitely
protracted.
No. 112.
Lord Napier to the Earl of Malmesbury.- (Received December 1.)
(Extract.)
Washington, November 14, 1858.
I HAVE the honour to transmit to your Lordship herewith copy of a note
which I have received from General Cass, under date of the 8th instant, in
reply to your Lordship's despatch of the 18th August last, of which I was
instructed to place a copy in his hands, and by which the Government of the
United States was informed that any further overtures for the adjustment of the
controversies in Central America must proceed froin the Cabinet of the United
States.
I regret that I was unable to forward this communication to your Lordship
by the mail of the 9th instant.
The Secretary of State offers to your Lordship, in his present letter, an
ample recapitulation of the negotiations which have taken place with a view to
the reconciliation of the adverse constructions placed upon the Clayton-Bulwer
Treaty by the Contracting Parties. He refers with great minuteness to the
various communications, confidential or official, which have passed with regard
to the mission of Sir William Ouseley, He expresses the desire of his Govern-
ment that this mission, under more distinct explanations, may be conducive to
an arrangement of our difficulties; and he desires to be informed whether the
overtures contained in my note of November 30, 1857, in which the scope
of Sir William Ouseley's mission was, with the approval of Her Majesty's
Government, delineated, are to be considered as withdrawn.
I have not considered myself justified in giving an official reply to this
inquiry of the Secretary of State ; for, while the new instructions committed to
Sir William Ouseley at present merely provide for the cession of the Mosquito
Protectorate and Greytown, I am not distinctly informed what are the intentions
of Her Majesty's Government, eventually, in regard to the other two questions
dealt with in the Dallas-Clarendon Treaty, and the first instructions delivered to
Sir William Ouseley, viz., the transfer of the Bay Islands, and the regulation of
the Belize frontiers.
I have, therefore, merely acknowledged the receipt of General Cass' note,
leaving it to Her Majesty's Government to explain themselves fully on the
subject.
In abstaining from any further correspondence on the subject, I also
conceive that I conform myself to the general sense of your Lordship's
instructions, which prescribe a great reserve upon these matters.
I avail myself, however, of this occasion to submit to your Lordship some
explanations of the personal part which I have taken in the proceedings of the
past year, which are rendered necessary, not only by General Cass' note, but by
Sir William Ouseleğ's reports to your Lordship, and by your despatch dated
Achnacarry, October 5.
These explanations refer to my private conversations with the President ;
to the language I have held to General Cass; to that particular question of the
surrender of the Bay Islands, which has been the stumbling-block throughout
these negotiations; and to the dissolution of the Clayton-Bulwer Treaty, as
adverted to in my conferences with the Secretary of State.
1. I have had no conversation whatever with the President of the United
States on Central American affairs since the month of October 1857. Those
conversations, which were prompted by permission from the Earl of Clarendon,
were, properly speaking, of an unofficial character.
Your Lordship possesses an accurate report of what passed in my despatches
of the 22nd and 24th of October, 1857, and reinarks on the same in my despatch
of the 27th of the same month.
I then imparted to the President what I believed would prove to be the
object and scope of Sir William Ouseley's mission; aud among other statements
I declared that I conceived that Her Majesty's Minister would be empowered to
1
145
.
surrender to Honduras the Bay Islands on less onerous terms to that Republic
than those consigned to the Dallas-Clarendon Treaty
My intimation was strictly borne out by the event. After Sir William
Ouseley's arrival, I addressed, on the 30th November, 1857, an official note to
the Secretary of State, giving an outline of his powers and purposes; and I
stated that he was charged to pede the Bay Islands to Honduras under certain
conditions there expressed in general terms. My note was conformable to Sir
William Ouseley's instructions; it was submitted to Sir William Ouseley's
corrrction; he altered a portion of it, and assented to the rest ; it was sent in as
it received his sanction ; it was approved of by Her Majesty's Government in an
official despatch dated December 24, 1857, and remained the official record
of the intentions of Her Majesty's Government until your Lordship issued the
new instructions to Her Majesty's Minister under which he is now acting.
Since the date referred to, I have had, as before stated, no communication
with the President on the subject. It was, therefore, probably to those conver-
sations of October 1857 that the President adverted; and, as in reference to the
Bay Islands, my language was consistent with the policy of Her Majesty's
Government at that time, and as it was confirmed by an official note to the
Government of the United States, I experience some difficulty in recalling my
statement, in conformity with your Lordship's orders contained in your despatch
from Achnacarry, dated the 5th ultimo, without a more accurate instruction on
the part of Her Majesty's Government in regard to the motives which I am to
allege for a change of sentiments, for which there are, no doubt, valid reasons.
Your Lordship will observe that, in General Cass's present note, my conver- -
sations with the President in October 1857 are copiously cited, and it is affirmed
that the President, showed himself very favourably inclined to the settlement of
the Central American controversy, by the instrumentality of Sir William Ouse-
ley's mission. The basis of that mission, as originally defined in my conversa-
tions, and in my note of November 30th, was the execution of the Clayton-
Bulwer Treaty in essential points, according to American construction of it, and
the subsequent retention of the Treaty as the rule of our relations in that
quarter.
Now I cannot measure the degree of approval with which the President
regarded this project. He used very courteous and cautious language. He may
have sincerely desired the success of Sir. William Ouseley's mission, but I
certainly entertained a different impression. I thought the President seemed to
insist on an execution of the Treaty so literally and closely conformable to the
American construction of it, that Her Majesty's Government could hardly
sanction it; and I remained of the opinion, which I still entertain, that the
President then really aimed at the revocation of the Treaty, not its retention in
any form, and that he had some scheme of his own for the subsequent adjust-
ment of Central American affairs, to which, indeed, he has more than once
lightly referred.
My opinion certainly obtained great countenance from the language of the
Presidential Message of December 1857, which expressed a strong preference for
the revocation of the Treaty, while it feebly intimated the prospect of the Treaty
being retained by its execution in a sense practically conformable to the
American interpretation of its provisions. Nay, further, your Lordship has
learned, by my letter of July 28th, that, according to General Cass's statement,
the President then still contemplated the revocation of the Treaty after the
concessions projected by Sir William Ouseley's mission had been carried out-
a course incompatible with the objects of that mission, which was designed to
make the Treaty acceptable and permanent.
It may be, however, that the President was better disposed towards Sir
William Ouseley's mission than I imagined, or that he has seen cause for
modifying his former opinions.
2. Having thus submitted to your Lordship that my language to the
President, in the conversations referred to respecting the Bay Islands, was
essentially conformable to the subsequent official statement of the intentions
of Her Majesty's Government, I proceed to refer to my later discussions with
General Cass, to which allusion is made in his note, and in which my expecta-
tions were not corroborated by the decision of Her Majesty's Government.
After my note of November 30, 1857, a long period of suspension occurred.
The circumstances of the time appeared very unfavourable to the prosecution of
146
Sir William Ouseley's mission. The Secretary of State informed me verbally
that the explanations offered respecting the Bay Islands were not sufficiently
explicit. I hesitated for some time, during the movements of the filibusters
and the negotiation of the Cass-Yrissari Treaty, which threatened to conflict with
that of 1850; but I nevertheless, in my despatch of the 13th of December,
urged upon the Earl of Clarendon the propriety of giving to the Government of
the United States a more distinct expression of their intentions in reference to
the Bay Islands, and of dispatching Sir William Ouseley at once on his
mission.
Pending the decision of Her Majesty's Government, the question was often
brought under discussion between myself and the Secretary of State ; and I have
avowed to Her Majesty's Government that I frequently expressed to General
Cass my hope that Her Majesty's Government would see fit to give the addi-
tional explanations required. It was an expression of my private opinion, and
was received as such. The event did not fulfil my expectation. I was, there-
fore, wrong; but I find some excuse in referring to what had gone before. Her
Majesty's Government had distinctly and officially stated to the United States
their intention to transfer the Bay Islands to Honduras. That was a thing
settled and accepted on both sides ; but the terms on which the cession was to
made were not accurately defined. I thought Her Majesty's Government would
not stand upon this matter. It was determined otherwise by Her Majesty's
Government, in their better judgment; further explanations were refused; the
design of obtaining the expressed assent and co-operation of the United States
was apparently abandoned ; and it was decided to treat independently with the
Central American Republics.
In my conversations with General Cass I undoubtedly erred in expressing
my impression that Her Majesty's Government would afford additional explana-
tion of the terms under which the Bay Islands were to be ceded; but I did not
err in alluding to the cession itself as a thing conditionally resolved on, for that
had been officially stated to the Government of the United States, and that
statement remains, as far as I know, unrevoked by any communication in the
same form.
3. I have observed, in the conversation of Sir William Ouseley, an impres-
sion that the cession of the Bay Islands was a measure only contemplated by
myself, and, as it were, reposing entirely on my private assurances-unsup
ported by the resolutions of Her Majesty's Government; and I learn from
your Lordship's despatch of the 5th ultimo, that he “had repudiated on my
part” a supposed promise that the Islands should be given up. Your Lordship
is aware, from my preceding statement, of what nature my statements were on
this subject; but I take the liberty of briefly recalling the occasions on which
the cession of the Bay Islands has been conditionally offered :-
Ist. Her Majesty's Government proposed to surrender the Bay Islands by
the stipulations of the Treaty of October 1856, commonly called the Dallas-
Clarendon Treaty.
2ndly. They repeated this proposal in the new Treaty of May 1857, which
I was instructed to sign with the Government of the United States.
3rdly. They reiterated the same design in the original instructions to
Sir William Ouseley, and by my note to General Cass of November 30, 1857.
The Dallas:Clarendon Treaty fell to the ground, as it were, between the
Contracting Parties.
The projected Treaty of May 1857 was rejected by the Cabinet of the
United States.
The reply of General Cass to my note of the 30th of November, under
date of April 6, 1858, was conceived in such terms that Her Majesty's Govern-
ment might well consider that the spirit of their overtures was not appreciated
by the Government of the United States, and that all hope of amicable assent
and mutual assistance was out of the question.
The note of the Secretary of State was followed by conversations originating
with him, and reported to your Lordship in my letter of July 28, alluded to above.
In these conversations it transpired that the President and the Secretary of State
looked forward to the dissolution of the Clayton-Bulwer Treaty after the cession of
Mosquitia and the Islands, a course entirely inconsistent with the spirit and
object of Sir William Ouseley's mission, and, indeed, subversive of it. These
views were privately and unofficially expressed : they did not embody any
144
IT
Cabinet resolution, but they clearly indicated the secret wishes of the Adminis-
tration, and might well discourage Her Majesty's Government from continuing
the mission of Sir William Ouseley under the instructions originally given
to him.
4. Your Lordship is aware that in certain conversations with General Cass
I touched upon the amicable dissolution of the Clayton-Bulwer Treaty. An
accurate relation of what passed, is contained in my two despatches dated the
22nd of March last. I am informed by your Lordship that I would not have
been justified in initiating such an overture unless the subject had been so
pointedly alluded to in the previous Presidential Message of December 1857.
I think it right, therefore, to submit to your Lordship, in explanation of my
conduct, that I was directed in a letter from the Earl of Clarendon to make
a friendly suggestion in the sense referred to.
In those conversations I expressed a belief that an arrangement might still
be made in regard to Mosquitia, but that the Bay Islands would certainly be
retained. My language in regard to the Bay Islands was approved of by your
Lordship's despatch of the 8th of April last; and I think it right to add,
that what I said about Mosquitia was entirely suggestive, and calculated to
provoke the Secretary of State to some counter-proposal, which, however, did
not ensue.
Inclosure 1 in No. 112.
General Cass to Lord Napier.
My Lord,
Department of State, Washington, November 8, 1858.
I HAVE had the honour to receive the copy which your Lordship did me
the favour to send me of Lord Malmesbury's despatch to your Lordship of
August 18th, in reference to Sir William Ouseley's mission, and have submitted
it to the consideration of the President. From the statement of Lord Malmes-
bury, that the British Government has no remaining alternative but that of
“ leaving to the Cabinet of Washington to originate any further overtures for
an adjustment of these controversies," it is quite obvious that the position of the
President on this subject is not correctly understood by Her Majesty's Govern-
ment.
Since the announcement by your Lordship, in October 1857, of Sir William
Ouseley's special mission, the President has awaited, not so much any new
proposition for the adjustment of the Central American questions, as the state-
ment in detail, which he had been led to expect, of the method by which
Sir William Ouseley was to carry into effect the previous proposition of the
British Government. To make this plain, your Lordship will pardon me for
making a brief reference to what has occurred between the two Governments
in respect to Central America since the ratification of the Clayton-Bulwer Treaty
of 1850.
While the declared object of that Convention had reference to the construc-
tion of a ship canal by the way of San Juan and the Lakes of Nicaragua and
Managua, from the Atlantic to the Pacific Oceans, yet it avowed none the less
plainly a general principle in reference to all practicable communications across
the Isthmus, and laid down a distinct policy by which the practical operation of
this principle was likely to be kept free from all embarrassment. The principle
was, that the interoceanic routes should remain under the sovereignty of the
States through which they ran, and should be neutral and free to all nations
alike. The policy was that, in order to prevent any Government outside of
those States from obtaining undue control or influence over those interoceanic
transits, no such nation should erect or maintain any fortifications commanding
the same, or in the vicinity thereof, or should “occupy, or fortify, or colonize, or
assume, or exercise, any dominion over Nicaragua, Costa Rica, the Mosquito
coast, or any part of Central America.” So far as the United States and Great
Britain were concerned, those stipulations were expressed in unmistakeable
terms; and, in reference to other nations, it was declared that the “ Contracting
Parties in this Convention engage to invite every State with which both or
either have friendly intercourse, to enter into stipulations with them similar to
those which they have entered into with each other.”
148
At that time the United States had no possessions whatever in Central
America, and exercised no dominion there. In respect to this Government,
therefore, the provisions of Article I of the Treaty could operate only as a
restriction for the future; but Great Britain was in the actual exercise of
dominion over nearly the whole eastern coast of that country, and, in relation
to her, this Article had a present as well as a prospective operation. She was
to abandon the occupancy which she already had in Central America, and
was neither to make acquisitions, or erect fortifications, or exercise dominion
there in the future. In other words, she was to place herself in the same
position with respect to possessions and dominion in Central America, which was
to be occupied by the United States, and which both of the Contracting Parties
to the Treaty engaged that they would endeavour to induce other nations to
occupy.
This was the Treaty as it was understood and consented to by the United
States, and this is the Treaty as it is still understood by this Government.
Instead, however, of giving effect to it in this sense, the British Government
proceeded in 1851, only a few months after the signature of the Treaty, to
establish a new British Colony in Central America, under the naine of the “ Bay
Islands,” and when this Government expressed its great surprise at this proceed-
ing, and at the failure of Great Britain to comply with the terms of the Conven.
tion, Her Majesty's Government replied that the islands already belonged to
Great Britain at the date of the Treaty, and that the Convention, in their view
of it, interfered with none of their existing possessions in Central America, but
was wholly prospective in its character, and only prevented them from making V
new acquisitions. It is unnecessary to do more than simply refer to the earnest
and able discussions which followed this avowal, and which showed more and
more plainly, the opposite constructions, which were placed upon the Treaty by:
the two Governments.
In 1854 it was sought to reconcile these constructions, and to terminate
the Central American questions by the Convention which was signed at London
by the American Minister and Lord Clarendon, usually designated as the
Dallas-Clarendon Treaty. The terms of this Treaty are doubtless familiar
to your Lordship. It provided, first, for the withdrawal of the British
Protectorate over the Mosquito Indians, and for an arrangement on their
behalf, upon principles which were quite acceptable to the United States.
Secondly, it regulated the boundaries of the Belize Settlements within which
Great Britain claimed to exercise certain possessory rights, upon terms which,
although not wholly acceptable to this Government, were yet, in a spirit of
generous concession, ratified by the United States' Senate. Thirdly, it provided
for a cession of the Bay Islands to Honduras (in the opinion of this Government
their rightful proprietor); but this concession was made dependent upon an
unratified Treaty between Great Britain and Honduras, whose terms were not
officially known to this Government, but which, so far as they had unofficially
appeared, were not of a satisfactory character. The Senate, therefore, in ratifying
the Dallas-Clarendon Treaty, felt obliged to amend it by striking out all that
part of it which contemplated the concurrence of this Government in the Treaty
with Honduras, and simply providing for a recognition by the two Governments
of the sovereign right of Honduras to the islands in question. Great Britain
found itself unable to concur in this amendment, and the Dallas-Clarendon
Treaty therefore fell to the ground.
It was clear, however, that the objections of the Senate to the Honduras
Treaty were not deemned unreasonable by Her Majesty's Government, because
in your Lordship’s interview with the President on the 23rd October, 1857,
your Lordship “allowed that the Articles establishing the administrative inde-
pendence of the islands might have been larger than was necessary.” “I had
observed,” you added, "the same expression in the correspondence of Mr. Wyke,
Her Majesty's Chargé d'Affaires at Guatemala, who seemed to admit that a
greater participation in the internal government might be granted to the autho-
rities of Honduras ;' and you “made no doubt that Her Majesty's Government
would entertain any reasonable suggestions which might be afforded to them in
that sense.” And, again, in your Lordship's note to this Department of
November 30, 1857, you recognized the same probability “that the inter-
vention of the Honduras Government in the administration of the islands may
have been more limited than was necessary or even advisable.” Such was
ma',
MYA
doubtless the opinion of Honduras ; for, as long ago as May 10, 1857, I was
informed by your Lordship that the Treaty remained unratified, “ owing to some
objections on the part of the Government of Honduras ;" and that Her Majesty's
Government does not expect that the Treaty, in its present shape, will be
definitely sanctioned by that Republic."
In view of the objectionable provisions of the Convention with Honduras, and
of its failure to be sanctioned by that Republic, your Lordship, by the authority
of Lord Clarendon, informed me on the 6th of May, 1857, that Her Majesty's
Government was prepared to sanction a new Treaty in respect to the Central
American questions, which should in all respects conform to the Dallas-
Clarendon Treaty as ratified by the Senate, except that to the simple recognition
in the Senate's substitute for the second separate Article of the sovereignty of
Honduras over the Bay Islands, there was to be added the following passage :-
“ 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 ceded,
and the Republic of Honduras shall have accepted, the said islands, subject to
the provisions and conditions contained in the said Treaty." While this condition
contemplated a new Treaty with Honduras which might possibly avoid the
objectionable provisions'of the old one, yet it was quite impossible for the United
States to become a party, either directly or indirectly, to a Convention which
was not in existence, and whose terms and conditions it could neither know nor
control. For this reason, I informed your Lordship, in my communication of
May 17th, that your Lordship's proposition was declined by this Government.
The attenipts to adjust the Central American questions by means of a
Supplementary Treaty having thus failed of success, and the subject not being
of a character, in the opinion of the United States, to admit of their reference
to arbitration, the two Governments were thrown back upon their respective
rights under the Clayton-Bulwer Treaty.
.
While each Government, however, had continued to insist upon its own
construction of this Treaty, there was reason to believe that the embarrassments
growing out of their conflicting views of its provisions might be practically
relieved by direct negotiation between Her Majesty's Government and the States
of Central America. In this way, it seemed possible that, without any injustice
to these States, the Treaty might be "rendered acceptable to both countries, as
well as operative for the disinterested and useful purposes which it had been
designed to serve.”
The President, therefore, was glad to learn from your Lordship, on the 19th
of October, 1857, that Her Majesty's Government had“ resolved to despatch a
Representative of authority and experience to Central America, to make a
definitive settlement of all the matters with regard to which the United States
and England were still at variance," and who would be instructed, as your
Lordship believed, “ to carry the Clayton-Bulwer Treaty into execution, accord-
ing to the general tenour of the interpretation put upon it by the United States,
but to do so by separate negotiation with the Central American Republics, in
lieu of a direct engagement with the Federal Government:" ..
This arrangement could not fail to be received with satisfaction by the
President, because it contemplated the substantial accomplishment of the very
purposes in respect to the Treaty which the United States had always had in
view; and so long as these were accomplished, he assured your Lordship that
Government were consigned to a direct engagement between England and the
United States, or to Treaties between the former and the Central American
Republics. The latter method might, in some respects, he added, be even more
agreeable to him, and he thought it would be more convenient to Her Majesty's
Government, who might with greater facility accede to the claims of the weaker
party.” :
. It is unnecessary to refer at length to what was said in this conversation, of
to a second one on the same subject which your Lordship had with the President
on the evening of the 23rd October ; but there can be no doubt that in both
interviews the expected mission of Sir William Ouseley (who, it was understood;
had been selected as the. Plenipotentiary referred to), in connection with what
your Lordship indicated as his probable instructions, was favourably regarded by
the President. So much was this the case, that he gave your Lordship his full
TTY
150
TI
assurance that should your Lordship's announcement be confirmed by any
official information such as he could use, he would change that part of his
Message which related to Great Britain, would encourage no attempt in Congress
to annul the Treaty while the mission was in progress, and nothing would give
him greater pleasure, he said, “ than to add the expression of his sincere and
ardent wish for the maintenance of friendly relations between the two
countries."
At the close of the second interview he even went so far as to remark, in
reference to the extended boundary claimed by Great Britain for the Belize (to
which he had ever objected), that he could take no absolute engagement in this v
matter, but he would say this much, that if the Bay Islands were fairly and
handsomely evacuated, such a measure would have a great effect with him and
with the American people in regard to the settlement of the other points at
issue."
Sir William Ouseley arrived in Washington about the middle of November,
and on the 30th of November I received from your Lordship an official state-
ment in outline of the purposes of his mission.
On the 5th of December your Lordship inclosed to me a copy of Lord
Clarendon's despatch of the 20th November, in which your Lordship's previous
statement was substantially confirmed, and in which it was further stated that
Sir William Ouseley, during his visit to Washington, will, in pursuance of his
instructions, have explained with the utmost frankness to the Government of
the United States the nature of the instructions with which he is furnished ; and
your Lordship, as the duly accredited organ of Her Majesty's Government, will
have given similar explanations.
The objects of Sir William Ouseley's Mission, as thus made known to the
United States, were :-
1. To provide for the transfer, by Great Britain, of the Bay Islands to the
Government of Honduras; and in this transfer, it was especially declared that
the stipulations in the British Treaty with Honduras were not to be rigidly
adhered to. Sir William Ouseley, on the contrary, while requiring provisions to
secure the vested rights of British subjects in the Bay Islands, was to be left
at liberty to contract engagements with Honduras which should embody not
only an unmistakeable recognition of its sovereignty over these islands, but
should allow of a more direct government, and a more efficient protection over
them by that Republic than had been contained in the Convention of 1856.
2. The second object of Sir William Ouseley's Mission was the settlement
of the question of the Mosquito Protectorate with Nicaragua and Honduras.
Whilst he was to provide for the compensation, the government, and the protec-
tion of the Mosquito Indiane, under the sovereignty of Nicaragua, this was to
be done upon terms not less favourable than those which had received the
approbation of the Senate in the Dallas-Clarendon Treaty. In no degree was
the Indian reserve to trespass on the territory applicable to transit purposes.
3. The regulation of the frontier of British Honduras was to be effected
by negotiation with the Government of Guatemala. Her Majesty's Govern-
ment trusted to obtain from this Republic a recognition of limits, “ which, if we
may judge from previous communications on the subject, may be accepted in a
spirit of conciliation, if not with absolute approval by the President."
Such were the overtures communicated by your Lordship's note to this
Department, of November 30th, and which were again referred to in Lord
Clarendon's note to your Lordship of November 20th, of which you inclosed
to me a copy in your Lordship's note of December 5th. Inasmuch as the
announcement of Sir William Ouseley's Mission, with the explanations by your
Lordship of its general purposes, had been received with much satisfaction by
the President, there were some expressions in this note of Lord Clarendon which
it was not easy to understand, but which, nevertheless, did not materially change
the general character of the overtures. It was still stated in that despatch
" that the objections entertained in the United States to the construction placed
upon that Treaty by the British Government are, as every impartial person must
admit, in a fair way to be removed by the voluntary act of the latter;" and
while the objects of Sir William Ouseley's Mission continued to be mentioned in
only general terms, it was yet added that, during his visit to Washington, he will,
in pursuance of his instructions, have explained with the utmost frankness the
of its s
it Republice direct eo
151
O
ce at a practical
of your Lords
Indeed, it
nature of the instructions with which he is furnished, and your Lordship, as the
duly accredited organ of Her Majesty in the United States, will have given similar
explanations."
The President did not hesitate, therefore, in his Message to Congress, to
refer to these overtures as having recently been made by the British Govern-
ment, in a friendly spirit, which he cordially reciprocated. He could do no more
than this, whatever might be his hopes for the success of Sir William's mission,
until he bad received the further explanations concerning it which he had been
led to expect, and which he was prepared to consider in the kindest and most
respectful manner.
The general remarks contained in the outline of November 30th must
have been moulded into some specific form in order to enable this Government
to arrive at a practical decision upon the questions presented to it. This I
understood to be the view of your Lordship and Sir William Ouseley, as well as
that of the President and this Department. Indeed, it was wholly in conformity L
with this view that Sir William Ouseley was understood to have called at
Washington on his way to Central America. Had he proceeded directly to his
destination, and there, by separate Treaties with the Central American Republics,
given substantial effect to the Clayton-Bulwer Convention, according to the
general tenour of the American construction of that instrument, the Central
American controversy would then have been fortunately terminated to the
satisfaction of both Governments. But since this Government, in a spirit of
comity which the President fully appreciates, was asked to co-operate in
accomplishing this result, it was surely not unreasonable that it should know
specifically the arrangements which it was expected to sanction.
The general objects in view we were acquainted with and approved; but
there was no draft of a Treaty, no form of a separate Article, no definition of
measures. The Bay Islands were to be surrendered; but under what restrictions ?
The Dallas-Clarendon Treaty was to be modified; but what were the modifica-
tions ? The rights of British subjects and the interests of British trade were to
be protected in Ruatan; but to what extent and by what conditions? Honduras
was to participate more largely in the Government of the Bay Islands than she
was allowed to do by the Convention of 1856 ; but how far was she to be
restrained, and what was to be her power? These and other similar questions
naturally arose upon the general overtures contained in your Lordship's note of
November 30th, and seemed naturally enough to justify the hope which was
entertained of some further explanation of those overtures. In all my conversa-
tions with your Lordship on the subject of Sir William Ouseley's mission,
subsequent to the meeting of Congress, this expectation of some further and
more definite communication concerning it was certainly taken for granted, and
until time was given to receive such a communication you did not press for any
answer to your Lordship's note of November 30th. In the beginning, your
Lordship seemed to think that some embarrassment or delay in prosecuting the
mission might be occasioned by the expedition to Nicaragua, which had been
undertaken by General Walker, and by the Cass-Yrissari Treaty, which had
then been negotiated with that Republic by the United States. But the Treaty
was not disapproved by Her Majesty's Government, and the expedition of
Walker was promptly repressed, so that no embarrassment from these sources
could be further apprehended. As the delay still continued, it was suggested by
your Lordship, and fully appreciated by me, that Her Majesty's Government was
necessarily occupied with the affairs of Her Majesty's possessions in India, which
then claimed its immediate attention, to the exclusion naturally of business
which was less pressing, and hence I awaited the expected instructions without
any anxiety whatever. All this is precisely what your Lordship very frankly
describes in your Lordship's communication to this Department of April 12,
1858: “I addressed my Government,” your Lordship says, “with a view to
obtaining further explanations and instructions, and I informed you that it was
not my desire to press for an official reply to the overtures of the Earl of
Clarendon, pending an answer from London.”
The explanations, however, anticipated by your Lordship and by myself
were not received, and about three months after the arrival of Sir William
at Washington you expressed to me your regret that you “had held out
expectations which proved unfounded, and which had prompted delay;" and then
for the first time requested an answer to the proposals of Her Majesty's Govern-
X 2
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27
ment, and “ especially to that part of them relating to the arbitration.” It was
even then suggested that the answer was desired because it was thought to be
appropriate as a matter of form, and not because the explanations which had
been waited for were deemed wholly unnecessary. “I overlooked something
due to forms," is your Lordship’s. language in the note of April 12th, “in my
anxiety to promote a clear understanding, and I eventually learned in an official
shape that Her Majesty's Government, following their better judgment, desired,
before making any further communication, a reply to their overtures, and
especially to that part of them referring to arbitration.” Should the new
proffer of arbitration be declined, it was clearly not supposed in your note of
February 15th that this result would have any tendency to interrupt Sir
William's efforts; but, in that event, “it was hoped,” you informed me, that
these efforts would result in a settlement agreeable to the United States,
inasmuch as, in essential points, it would carry the Treaty of 1850 into
operation, in a manner practically conformable to the American interpretation of
that instrument.”
:: On the 6th of April I replied to your Lordship's note of February 15th with
a very frank and full statement of the views of this Government -upon all the
points to which your Lordship had referred. The renewed offer of arbitration,
mentioned in the despatch of Lord Clarendon, was explicitly declined, for the
same reasons which had occasioned its rejection before; but an earnest hope was
expressed for the success of Sir William Ouseley's Mission, and I was instructed,
formally, to request from your Lordship those further explanations concerning
it which had been promised in Lord Clarendon's note of November 20th, for
which both your Lordship and myself had waited for three months in vain, and
which, up to this time, have never been furnished to the American Government.
The disappointment which the President felt at some portions of the corres-
pondence which had occurred, and especially at the failure of Her Majesty's
Government to inform him more fully than it had done on the subject of the
Mission, was communicated to your Lordship without the least reserve; but in
the purposes of that Mission, so far as he understood them, I was authorized to
say that he fully concurred, and to add his sincere hope that they might be
successfully accomplished. “The President," I informed you, “has expressed
his entire concurrence in the proposal for an adjustment of the Central American
questions which was made to him by your Lordship last October, and he does
not wish that any delay or defeat of that adjustment shall be justly chargeable
to this Government. Since, however, he is asked to co-operate in the arrange-
ment by which it is expected to accomplish it, it is essential that he should know,
with reasonable accuracy, what those arrangements are." It was in the hope of
this adjustment, as well as with a view to the serious consequences which might
flow from a naked repeal of the Clayton-Bulwer Treaty, that I made the observa-
tions on that subject which are contained in my letter to your Lordship of
April 6th. No demand for this abrogation, your Lordship is well aware, had
then been made by Her Majesty's Government, but your Lordship had several
times suggested to me that such an alternative, if proposed by the United States,
would be respectfully considered by Great Britain, and, in your Lordship's belief,
might, in some form or other, be finally adopted. You informed me, however,
at the same time, that, in that event, Great Britain would not be inclined to
surrender its possessions in Central America and would certainly continue to
occupy the Bay Islands.
In reply to this announcement I informed your Lordship that " since
it is well known that the views of this Government are wholly inconsistent
with these pretensions, and that it can never willingly, therefore, acquiesce in
their maintenance by Great Britain, your Lordship will readily perceive what
serious consequences might follow a dissolution of the Treaty, if no provision
should be made at the same time for adjusting the questions which led to it.”
“If, therefore," I added, “the President does not hasten to consider now the
alternative of repealing the Treaty of 1850, it is because he does not wish,
prematurely, to anticipate the failure of Sir William Ouseley's Mission, and is
disposed to give a new proof to Her Majesty's Government of his sincere desire
to preserve the amicable relations which now happily subsist between the two
countries."
Having thus complied with your Lordship's request and given that formal
reply to the overtures embraced in Sir William Ouseley's Mission which was
II
153
77
desired by Her Majesty's Government, I confidently expected to receive, within
a reasonable time, those additional instructions which appeared to have been
delayed for this reply. Such, doubtless, was the hope, also, of your Lordship.
“ The discussion has been deferred,” you informed me in your note of April 12th,
"but the interests at stake have, probably, not suffered; the l'esults of the
negotiation between Nicaragua and the United States are not yet disclosed,
and it is probable that Sir William Ouseley may proceed to his destination with
more advantage when the nature of there engagements is fully defined.” “If
the American Cabinet,” you also said, “ as may be inferred from your expressions,
be well disposed towards Sir William Ouseley's Mission and will meet Her
Majesty's Government in a liberal spirit on matters of secondary nioment, that
Mission may still conduct us to a happy termination.” In further informing me
that my communication . would be transmitted to Her Majesty's Government,
you added, “it remains with Her Majesty's Government to determine whether
they can afford the more perfect information desired."
This was the state of the negotiation in April 1858. The purposes of
Sir William Ouseley's mission had been announced to the American Govern-
ment and approved ; reference had been made by Lord Clarendon to your Lord.
ship and Sir William Ouseley for further explanations; these explanations had
been asked for from your Lordship in repeated interviews, but your Lordship
had not received the necessary instructions to make them. At length I had
been informed that it was deemed informal to make them until a reply had been
received to the general overtures embraced in your previous notes, and especially
to that part of them relating to arbitration ; this reply had been given, still
approving the mission, and rejecting the arbitration, and it had been sent to
London for the consideration of Her Majesty's Government.
Under these circumstances I need not describe to your Lordship the
surprise with which I received the copy of Lord Malmesbury's despatch to
your Lordship dated at Potsdam, 18th August, which you were good enough
to inclose to me. In this despatch, instead of affording any more exact
definition of the objects of Sir William Ouseley's mission, your Lordship is
directed to inform me that Her Majesty's Government “have, in fact, nothing
to add to the explanations given by Sir William and your Lordship upon the
subject.”
As no explanations whatever had been received from either Sir William
or yourself since the communication of the 30th November, it is obvious that
his Lordship must labour under some misapprehension on this subject, and
equally clear is it that when his Lordship represents me as having declared, in
my note of the 6th of April, that the Government of the United States would
not agree to the abrogation of the Clayton-Bulwer Treaty, that he has failed to
appreciate fully the views of the United States in reference to that abrogation.
The declaration in my note of the 6th April was certainly not against any
abrogation of the Treaty, but against considering the expediency of abrogating it
at that particular time, and until hopes were at an end of a successful termina-
tion of Sir William Ouseley's efforts. Yet even these efforts Lord Malmesbury
seems to regard as having been rejected by the United States, and Her Majesty's
Government, he concludes, have “no alternative but that of leaving to the
Cabinet of Washington to originate any further overtures for an adjustment of
these controversies.”
Surely, my Lord, there must be some grave misapprehension in all this
of the views entertained and expressed by this Government upon the proposal
embraced in your Lordship's note of the 30th November, or else this Govern-
ment has laboured under an equally serious error as to what was intended by
Sir William (useley's mission. It is under this impression, and in order to
prevent two great nations from failing in their attempts to adjust an important
controversy from mere questions of form, or mere misunderstanding of each
other's views, that I have entered into this extended narrative. It is of no small
consequence either to the United States or Great Britain that these Central
American controversies between the two countries should be for ever closed.
On some points of them, and, I have been led to hope, on the general policy
which ought to apply to the whole Isthmian region, they have reached a
common ground of agreement. The neutrality of the interoceanic routes, and their
freedom from the superior and controlling influence of any one Government; the
principles upon which the Mosquito Protectorate may be arranged, with justice
TY
.
154
alike to the sovereignty of Nicaragua and the Indian tribes; the surrender of
the Bay Islands, under certain stipulations for the benefit of trade and the protec-
tion of their British occupants; and the definition of the boundaries of British
Belize ;-about all these points there is no apparent disagreement, except as to
the conditions which shall be annexed to the Bay Islands' surrender, and as to
the limits which shall be fixed to the Settlements of Belize. Is it possible that,
if approached in a spirit of conciliation and good feeling, these two points of
difference are not susceptible of a friendly adjustment? To believe this would
be to underestimate the importance of the adjustment, and the intelligent
appreciation of this importance which must be entertained by both nations.
What the United States want in Central America, next to the happiness of its
people, is the security and neutrality of the interoceanic routes which lead
through it. This is equally the desire of Great Britain, of France, and of
the whole commercial world. If the principles and policy of the Clayton-Bulwer
Treaty are carried into effect, this object is accomplished. When, therefore, Lord
Malmesbury invites new overtures from this Government upon the idea that it has
rejected the proposal embraced in Sir William Ouseley's mission for an adjust-
ment of the Central American questions by separate Treaties with Honduras,
Nicaragua, and Guatemala, upon terms substantially according with the general
tenour of the American interpretation of the Treaty, I have to reply to his
Lordship that this very adjustment is all that the President has ever desired, and
that instead of having rejected that proposal, he had expressed his cordial
acceptance of it, so far as he understood it, and had anticipated from it the most
gratifying consequences.
Nothing now remains for me but to inquire of your Lordship whether the
overtures contained in your Lordship's note of the 30th November are to be
considered as withdrawn by Her Majesty's Government, or whether the good
results expected in the beginning from Sir William Ouseley's mission may not
yet be happily accomplished.
I have, &c.
(Signed) LEWIS CASS.
Inclosure 2 in No. 112.
Lord Napier to General Cass.
Sir,
Washington; November 14, 1858.
I HAVE the honour to acknowledge the receipt of your note of the
8th instant respecting Central American affairs, in reply to a despatch from the
Earl of Malmesbury of August 18, which I read and delivered to you on the
9th of September.
I regret that I was unable to forward your present communication to Her
Majesty's Government by the messenger of the 9th instant, as it could not be
copied in time for that mail. It will be transmitted to Her Majesty's Govern-
ment, for their consideration, by the messenger who will leave Washington
to-morrow.
I have, &c.
(Signed) NAPIER.
No. 113.
The Earl of Malmesbury to Lord Napier.
My Lord,
Foreign Office, December 3, 1858.
YOUR Lordship has ably stated in your despatch of the 12th of
November the grounds on which the pretensions of the Government of the
United States to employ their forces for the protection of the transit route
through Nicaragua, and the intention of Her Majesty's Government, if
necessary, to employ British forces, in conjunction with those of Nicaragua, to
protect the territory of that Republic from filibusters, may be considered as
substantially identical, and it would be no more inconsistent with the provisions
155
of the Clayton-Bulwer Treaty that Her Majesty's Government should carry out
their intentions than that the United States should insist on their pretensions.
You will, accordingly, in your further communications with General Cass
on this point, pursue the line of argument set forth in your despatch.
Her Majesty's Government have instructed Sir William Ouseley to support
the demands of the United States with the Government of Nicaragua, and they
trust that, on their side, the Government of the United States will see the
propriety of abstaining from any further objections to the view which Her
Majesty's Government consider essential to the safety of Her Majesty's Envoy,
and the success of a Treaty the conclusion of which would remove at once one
of the points of dispute which have so long been argued between Great Britain
and the United States.
I am, &c.
(Signed) MALMESBURY.
No. 114.
Lord Napier to the Earl of Malmesbury.--(Received December 1.)
My Lord,
Washington, November 15, 1858.
ALTHOUGH I have not thought myself justified in making any reply to
the note which has been addressed to me on Central American affairs by
General Cass, under date of the 8th instant, I conceived that I might act upon
your Lordship's instruction of the 5th of October. I have, therefore, verbally
informed General Cars this forenoon that, having given him an outline of
Sir William Quseley's instructions in regard to Mosquito and the transit route,
I was only enabled to add that, as to the other points which were involved in
the Dallas-Clarendon Convention, the opinion of Her Majesty's Government was
that it was desirable to enter into the various subjects in detail and not confound
them in one transaction.
General Cass replied that he learned with some surprise that these questions
were to be dealt with separately; he had, hitherto, understood that they were
to be treated of in connection with each other. If presented to the Cabinet of
the United States together as one comprehensive settlement of difficulties
which had all grown out of a single difputed instrument, it would be more
agreeable to the Government of the United States, which would thus be better
able to meet Her Majesty's Government in a spirit of concession.
I have, &c.
(Signed) NAPIER.
No. 115.
The Earl of Malmesbury to Lord Napier.
TT
My Lord,
Foreign Office, December 8, 1858.
I HAVE to inform your Lordship that Her Majesty's Government have
received with lively satisfaction the note which General Cass addressed to your
Lordship on the 8th of November.
The friendly tone in which it is written, and the high appreciation which it
displays of the importance of terminating the irritating discussions in which both
our countries have been so long involved, cannot but tend to render that termi-
nation near at hand and permanent.
I feel it to be a duty to do justice to the accuracy with which General Cass
has recapitulated the circumstances under which the controversy has been
sustained, and the efforts hitherto employed to settle it have failed.
This acknowledgment appears to me sufficient as regards the historical
portion of his Excellency's note, extending from the signature of the Clayton-
Bulwer Treaty in 1850 to my despatch of the 18th of August, 1858. I shall
therefore remark only upon the inferences and observations founded by General
Cass upon the summary of events. In doing so it will be superfluous to revert
further back than the 28th of February, 1858, at which date the Earl of Derby's
Administration succeeded that of Viscount Palmerston.
)
156
I
Her Majesty's Government at that time found the question of their Treaties
with Central America in this position :-The modification proposed by Lord
Clarendon by a Supplementary Treaty with Honduras had been declined by the
United States, and his Lordship had lastly proposed arbitration ; but he had
received no reply to that suggestion. Her Majesty's present Government, there-
fore, considered it proper and respectful to the United States to wait for that
answer, which they accordingly obtained in General Cass's note of the 6th of
April.
His Excellency therein declined any reference to arbitration, and although
not invited by Her Majesty's late or present Government to give an opinion on
the point of abrogating the Clayton-Bulwer Treaty, he informed your Lordship
that he should object to that course.
The motives of the President for so objecting, as explained by General Cass
in the note to which I have now the honour to reply, cannot but be appreciated
by Her Majesty's Government.
But on the receipt of the note of April 6th, it undoubtedly appeared to Her
Majesty's Government that, inasmuch as all the proposals for a settlement of
the dispute had originated on this side of the Atlantic, and had invariably found a
premature end on the other, it might be just and desirable that the initiative in
any further course should come from America. Modifications had failed,
arbitration had been refused, abrogation of the long-vexed Treaty was deprecated,
and Her Majesty's Government with reason expected that, having exhausted
their principles upon which a settlement might be obtained, the United States
themselves might probably propose a new solution.
It was with this view, and not from any indifference or indisposition to
discover one themselves, that Her Majesty's Government remained silent, and
left your Lordship and Sir William Ouseley without any further instructions
from April till August--a season during which the climate of Central America
would have been dangerous to an European mission.
At that time Her Majesty's Government, convinced that the United States'
Government had no further communication to make by which an arrangement
in Central America could be effected, determined to take advantage of Sir
William Ouselev's position to employ him in the same cause, but with different
instructions as to the detail of his operations. i.
They considered that, by an exhaustive process, the Clayton-Bulwer Treaty
might be relieved of its controversial elements, so that its main intention would
remain embodied in its stipulations, but no longer encumbered with those
themes of contention, namely, the British Possessions and Protectorate in
Central America. They believed that this could more easily and effectively be
carried out by negotiating independently with each State, and separately on
each point.
It is with great satisfaction that I observe by the statement of General Cass
in his note of November 8 that the President is also of that opinion..
With this conviction Her Majesty's Government instructed Sir W. Ouseley,
on the 9th of August last, to proceed to Nicaragua, and to negotiate with that
independent State a Treaty of Commerce, by which, also, a passage should be
secured to Her Majesty's subjects across the Isthmus; and a further Treaty by
which the sovereignty of Mosquito would be ceded to Nicaragua on certain
conditions.
Although Her Majesty's Government had adopted a course of independent
action, I notwithstanding instructed your Lordship to communicate these facts
to the President and General Cass, as a proof of our friendly feeling to the
Government of the United States, on the first convenient occasion; and these
instructions your Lordship appears to have obeyed on the 16th of September
last, and to have explained with great frankness and lucidity to General Cašs the
present Mission of Sir William Ouseley and its objects. .
It is, therefore, on this account that I am unable to explain why General
Cass, in his very accurate note signed on the 8th of November, has been pleased
to stop short in its historical recapitulations at the date of the 18th of August,
and to complain that he has been altogether left in ignorance of the details of
Sir William Ouseley's negotiations.:
"If he were so kept in the dark by the late Government in regard to Sir
William Ouseley's original instructions of October 30, 1857, I am, of course,
unable to state the reasons; but even in such a case they appear to me to be no.
157
longer of any consequence, inasmuch as the course to be pursued by Sir William
Ouseley has been subsequently altered, and subsequently explained to General
Cass.
But if, from misapprehension on the part of your Lordship or of General
Cass, his Excellency should not entirely understand and appreciate the present
Mission of Sir William Ouseley to Nicaragua, your Lordship will lose no time
in giving his Excellency the fullest information on the subject.
Your Lordship will show that Her Majesty's Government are not technically
bound by engagements made, or stipulations designed, by the projected Treaty of
October 1857, commonly called the Clarendon-Dallas Treaty, or that of May
1857, which your Lordship was instructed to sign with the United States, seeing
that they fell to the ground between the Contracting Parties, or were rejected by
the United States. But your Lordship will add, notwithstanding, that Her
Majesty's Government consider themselves as morally obliged to carry out the
political views of their predecessors in office, as embodied in your note to General
Cass of November 30, 1857, in respect of the Bay Islands; they amounting, in
the opinion of Her Majesty's Government, after so much reiteration, almost to a
national promise to cede that territory to Honduras, provided such cession can
be made with honour to the Crown, and upon terms compatible with the security
of the inhabitants.
It is, therefore, the intention of Her Majesty's Government, as soon as Sir
William Ouseley shall have signed a Treaty with Nicaragua, by which the
Mosquito territory shall have been transferred to Nicaragua, the status of Grey-
town established, and Great Britain relieved from its Protectorate, to instruct
Her Majesty's Commissioner to enter as speedily as possible into communication
with Honduras on the subject of the Bay Islands; and after the receipt of General
Cass' note of the 8th of November, Her Majesty's Government cannot allow
themselves to foresee any serious impediments to the happy result of such a
negotiation.
As soon as Sir William Ouseley shall have accomplished the task on which
he is now employed, your Lordship shall immediately be enabled to state to
General Cass the details of this second Mission, and the conditions with
Honduras on which the cession of the Bay Islands to that State is contem-
plated.
On the other hand, Her Majesty's Government now understand from
General Cass' note of the 8th of November, that if the principles of the Mosquito
territory are arranged, the Bay Islands ceded to Honduras, and the boundaries of
British Honduras established, the Clayton-Bulwer Treaty will remain as the
acceptable and practical rule for the relations of England and the United States
in Central America, and will thereafter be recognized and respected as such by
the United States.
It is with this explicit construction that Her Majesty's Government have
understood and reciprocate the following sentiment expressed by his Excellency
towards the end of his note: “ What the United States want in Central America,
next to the happiness of the people, is the security and neutrality of the inter-
oceanic routes which lead through it. This is equally the desire of Great
Britain, of France, and of the whole commercial world. If the principles and
policy of the Clayton-Bulwer Treaty are carried into effect, this object is
accomplished.”
Her Majesty's Government cordially subscribe to this statement, and can
find no more appropriate language to express their own policy and their anxious
hope that, in the concluding words of General Cass himself, "" the good results
expected in the beginning from Sir William Ouseley's Mission may yet be
happily accomplished.”
I am, &c.
(Signed) MALMESBURY.
P.S.-Your Lordship will read this note to General Cass, and give his
Excellency a copy.
158
No. 116.
The Earl of Malmesbury to Lord Napier.
(Extract.)
Foreign Office, December 8, 1858.
IN my preceding despatch of this date I have touched upon the several
points in General Cass's letter of the 8th ultimo, inclosed in your despatch
of the 14th, to which I felt it incumbent on me to advert, and I have
explained the course which, after the successive refusals of the United States'
Government to act in concert with that of Her Majesty for the adjustment of
the Central American difficulties, Her Majesty's present Advisers have thought
proper to adopt.
It has no longer been judged expedient by them to attempt by a Treaty
with the United States at once a comprehensive settlement which should set all
pending questions at rest. The inexpediency of such a course was sufficiently
clear from what had gone before, when the entire arrangement which had been
contemplated by the two countries had fallen to the ground because they were
unable to come to an understanding on one particular point; and it, therefore,
seemed best to Her Majesty's Government to attempt to settle what could be
settled, and thus by degrees to narrow the ground of future discussions.
Deprived of the co-operation of the Government of the United States in
what appeared to them to be the only course still open to the two countries,
Her Majesty's late Government determined to address themselves to the Govern-
ments of Central America alone, and Sir William Ouseley's mission originated in
this determination. It was hoped, indeed, that when made acquainted with
the general objects for which that mission was intended to provide, the Govern-
ment of the United States, though not a party to the negotiation, would have
looked upon it with favour, and would have been eager to contribute to its
success. But this hope was not realized : and in adopting the views of their
predecessors as to separate negotiation with the Central American States, Her
Majesty's present Government only so far modified those views as to eschew a
comprehensive scheme of settlement, and to endeavour to accomplish the same
objects in detail.
If the negotiation in which Sir William Ouseley is at present engaged should
be successful, then Her Majesty's Government will, as I have stated in my other
despatch, be prepared to follow it up by negotiations with the Republic of
Honduras for the future settlement of the questions touching the Bay Islands,
and of those relating to the claims of British subjects arising out of grants or
agreements into which they have entered with Mosquito, in regard to lands
north of the Wanx or Segovia river; and with the Republic of Guatemala for a
definition of the limits of British Honduras. .
But Her Majesty's Government, acquiescing in the position taken up by the
Government of the United States, intend to carry on these negotiations, as that
with Nicaragua, independently. They feel that after the repeated failure of
attempts to induce the Government of the United States to lend their aid to
the settlement of these various matters on terms consistent with the honour of
their country, it would not be becoming in Great Britain again to have recourse
to new proposals, to be met by repeated objections ; and, therefore, beyond fully
informing the Government of the United States of the general objects they have
in view, Her Majesty's Government do not feel called upon to make any further
communication to that Government, or to take counsel with it as to the mode
of carrying out their proposed negotiations.
It only remains for me to advert to the explanations which you have given
in your despatch of your own proceedings in this matter, and, although under
other circumstances I might have felt it unnecessary to comment on the course
which you pursued under instructions, the execution of which you had reported
to my predecessor, yet, as you seem to invite an expression of my opinion, I will
frankly tell your Lordship that I think you would have done better if you had
not too pointedly brought before the United States' Government the notion that
the British Government might view with favour a proposal to abrogate the
Clayton-Bulwer Treaty, and thus given them to perceive that such a proposal, if
coming from themselves, would be received in a different spirit from that which
they evidently anticipated, and, consequently, afforded them an opportunity to
disclaim an intention to do that which, at one time, they clearly contemplated
159
doing, but which, they found from your Lordship’s communication, would, if
done, recoil upon themselves.
No. 117.
Lord Napier to the Earl of Malmesbury.—(Received December 13.) .
My Lord,
Washington, November 27, 1858.
I CALLED at the Department of Sfate this forenoon with the view of
making some inquiries respecting the proceedings of the Federal Authorities at
Mobile for the prevention of the unlawful enterprise projected from that part by
Walker and his confederates.
I did not find General Cass at his office, but the Assistant-Secretary of
State informed me that clearance papers having been refused by the port
authorities to the vessel "Alice Painter," which had been chartered for the
transport of the emigrants or adventurers, the enterprise had been broken up
and abandoned in the form lately contemplated. He added, however, that the
filibusters showed a great tenacity in their purpose to proceed to Central
America, and he did not know how soon the attempt might be renewed in
another shape.
I have, &c.
(Signed) NAPIER.
No. 118.
Lord Napier to the Earl of Malmesbury.-(Received December 13.)
(Extract.)
Washington, November 28, 1858.
THE French Minister after a short excursion to New York returned to
Washington yesterday afternoon. I called on him in the course of the evening,
and inquired whether he had made any communication to General Cass relative
to the intentions of his Government regarding Central America.
Count de Sartiges informed me, in reply, that he had received the instruc-
tions from his Government last Sunday the 21st instant, and although actually
on his way to the North, he had hastened to the private residence of the
Secretary of State to impart to him without loss of time the views of the
Imperial Cabinet in this matter, and he was the more prompted to do so because
he was desirous that the forthcoming Presidential Message should not be
framed without a full knowledge of the policy of France. He had told General
Cass that the maritime forces of France in the vicinity of the Isthmus had
orders to interfere for the protection of Nicaragua against the attacks of the
filibusters, on the demand of the Government of that Republic.
No. 119.
.
The Earl of Malmesbury to Sir W. G. Ouseley.
Sir,
Foreign Office, December 15, 1858.
. I INCLOSE herewith, for your information, an extract from a despatch from
Her Majesty's Minister at Washington,* reporting a communication made by the
French Minister to General Cass, respecting the orders given to the Commander
of the French naval forces for the protection of Nicaragua against the attacks of
filibusters.
I also inclose a copy of a despatch which I have addressed to Lord Napier,
__upon the subject of the language to be used by him as to the intentions of Her
Tajesty's Government in that respect, as stated in the accompanying despatch
om his Lordship.
I am, &c.
(Signed) MALMESBURY.
.
* No. 118.
+ No. 113.
# No. 111,
Y
2
160
: : ..... .. No. 120.
Sir W. G. Ouseley to the Earl of Malmesbury.-(Received December 16.)
(Extract.)
. Greytown, November 17, 1858.
I LEARN from Mr. Green that great apprehensions are generally felt in
Nicaragua and Costa Rica of renewed attacks of filibuster volunteers under
Walker. The officers of Her Majesty's ships, as well as those of the United
States' ships in port, are also of opinion that piratical attempts on Greytown are
imminent.
No. 121.
Sir W. G. Ouseley to the Earl of Malmesbury,—(Received December 16.)
(Extract.)
“Valorous," Greytown Harbour, November 19, 1859.
• IT is very satisfactory to have to report to your Lordship the effective
measures taken by the American commanding officer here, entirely in accord-
ance with his previous assurances to Captain Aldham, namely, that he would
cause any vessel under the American flag to be boarded outside the harbour
and examined; and if suspicious circumstances authorized such a course, he
would cause any such vessel to be prevented from entering this harbour; and
further that, if necessary, he would take still stronger measures to prevent any
landing of filibusters in the neighbourhood.
No. 122.
The Earl of Malmesbury to Sir W. G. Ouseley.
(Extract.)
Foreign Office, December 16, 1858.
IN order to prevent any inconvenience or delay in the execution of the
important duties intrusted to you by Her Majesty, which might result from your
being incapacited by sickness from carrying on negotiations with the Govern-
ments of Nicaragua and Costa Rica, or being even obliged, from that cause, to
quit the country altogether, I have authorized Mr. Wyke, Her Majesty's Chargé
d'Affaires at Guatemala, to take up the negotiations at the point at which you
may leave them, and carry out the instructions with which you are furnished.
The necessity for Mr. Wyke's interference arising, you will summon him to
the seat of negotiations, and, on his arrival, make over to him all the public
papers in your possession bearing on your negotiations; or if you should be
obliged to leave the country before Mr. Wyke's arrival, you will instruct
Mr. Synge to communicate with Mr. Wyke in your place; and, in any case, if
Mr. Wyke is to carry on the negotiations in your stead, Mr. Synge is to place
himself at his disposal until he has brought them to an end.
I am unable, from want of time, to send out the full powers to Mr. Wyke
by this mail, but they will be transmitted to you for him by the next, to be kept
by you until occasion arises for him to make use of it.
No. 123.
The Earl of Malmesbury to Mr. Wyke.
Sir,
Foreign Office, December 16, 1858.
, IN order to prevent any inconvenience or delay in the execution of the
important duties entrusted to Sir William Ouseley by Her Majesty, which might
result from his being incapacitated by sickness from carrying on negotiations
with the Governments of Nicaragua and Costa Rica, or being even obliged from
that cause to leave the country altogether, I have instructed Sir William
c:
.
.
161
Ouseley in such a contingency to summon you to the seat of negotiations, and,
on your arrival there, to make over to you all the public papers in his possession
bearing on his negotiations; and I have to instruct you to attend to any such
summons without loss of time, and as soon as you have made yourself
acquainted with the state of affairs, you will take up the negotiations at the
point where they may have been left by Sir William Ouseley, and carry out the
instructions with which he is provided.
Want of time renders it impossible for me to send out by this mail dormant
full powers from the Queen to be used by you in case you should be called upon
to act in this matter, but they will be sent out by the next mail to Sir William
Ouseley, to be kept by him until occasion arises for your exhibiting them ; but
in the meanwhile I have addressed the inclosed letters to the Ministers of
Foreign Affairs of Nicaragua and Costa Rica, to be delivered by you in the
contingency specified, and you will see, from the copies which I inclose that I have
requested them to admit you as negotiator, even though for the reason stated
you may not be able at the outset to exhibit the usual full powers from the
Crown.
Mr. Synge, of this office, who is acting as Secretary to Sir William
Ouseley's Special Mission, will be instructed to act under you in the same
capacity until the negotiations are brought to an end.
I am, &c.
(Signed) MALMESBURY.
No. 124.
The Earl of Malmesbury to Sir W. G. Ouseley.
(Extract.)
Foreign Office, December 16, 1858.
I HAVE to state to you that you cannot exert yourself too much to
conclude the Treaties which you are empowered to negotiate with Nicaragua and
Costa Rica.
No. 125.
Lord Napier to the Earl of Malmesbury.—(Received December 20.)
(Extract.)
Washington, December 4, 1858.
. IN the course of my conversation with General Cass this forenoon, he
remarked that reports reached him from many quarters that Her Majesty's
Government were engaged with the Government of France in a policy in Central
America hostile to the interests and views of the United States. He attached no
credit to these rumours, but they were widely entertained ; ninety-nine persons
in the United States out of a hundred, he said, believed that such was the case,
and they could not be persuaded to the contrary.
I assured General Cass that he might well place entire confidence in the declared
intentions and policy of Her Majesty's Government, who had no hidden design or
after-thought in these matters. Her Majesty's Government, in conjunction with
France, would protect their respective pending negotiations against disturbance;
they demanded equal rights in the Central American transit, and the secure and
peaceful enjoyment of those rights hereafter ; but they aimed at no dominion or
exclusive privilege. So far, indeed, I said, was Her Majesty's Government from
desiring any preponderant authority in that quarter, that I was at that moment
charged to make him a communication explanatory of the engagements which
Her Majesty's Government were prepared to take with the Governments of
Nicaragua and Costa Rica.
I then read to the Secretary of State the paragraph of your Lordship's
instruction of the 18th ultimo, distinctly affirming that Her Majesty's Govern-
ment do not offer to those Republics any territorial guarantee, that is, a guarantee
of sovereignty, but only a guarantee of the interoceanic communication.
General Cass appeared to derive satisfaction from this communication ; I
think, however, that it might be desirable that Her Majesty's Government should
162
enable me to leave sorne written declaration in the hands of the Secretary of
State to the effect that Her Majesty's Government have no exclusive views in
Central America, and no desire to encourage any transit scheme to the prejudice
of engagements or contracts which may be decided by a competent and dispas-
sionate tribunal to be existing between citizens of the United States and the
Central American Republics.
No. 126.
Lord Napier to the Earl.of Malmesbury.—(Received December 20.)
(Extract.)
Washington, December 5, 1858.
IN conformity with your Lordship's orders, contained in your despatch
of the 19th ultimo, I expressed to the President, yesterday evening, the
great satisfaction with which Her Majesty's Government had regarded the recent
Manifesto against the projects of Walker and his confederates. I said to the
President that in this Proclamation Her Majesty's Government recognized a new
proof of his determination to prevent those unlawful enterprises by all the means
at his disposal ; that they appreciated the just and conservative course which he
had adopted in this matter, and were sensible of the good effects which the
energetic intervention of the Federal authorities against the filibusters might
have had at the present conjuncture in promoting the undisturbed prosecution of
Sir William Ouseley's negotiations. .
The President replied, that he believed we had heard the last of Walker's
expedition; that the deluded people who had attached themselves to that
leader had demanded the reimbursement of their passage-money, and would
probably disperse to their respective homes.
Mr. Buchanan then alluded to the incorrect impressions which prevailed in
England as to the designs of the United States in Central America; he repu-
diated the least notion of acquiring dominion there, or of annexing a country in
such a condition to the Federal Republic. " What could we do with such a
people ?” he said. “We could not incorporate them; if we did, they would tear
us asunder.”
I remarked that I was very sensible of the impediments which would be
offered in Congress, and elsewhere, to the annexation, on equal terms, of any
Southern territory thickly inhabited by the mixed or Spanish races; that the
obstacles to such a transaction were little understood in England, and that the
popular impressions with us, not shared by Her Majesty's Government, were
created by the language of the politicians and newspapers in America. I
observed, however, that although I understood the constitutional and practical
difficulties which opposed a policy of annexation on equal terms, I apprehended
that some method might be devised, and was indeed contemplated, for governing
those populated countries temporarily as colonies, “territories,” or dependencies,
a practice hitherto unknown, in that form, to the Federal Constitution, but
which might be introduced.
The President denied the possibility of grafting such a novelty on the
institutions of the United States, and reiterated the opinion which I have often
heard from his lips, “We can only annex vacant territory.”
I have made to General Cass a communication in terms similar to those in
which I addressed the President.
No. 127.
The Earl of Malmesbury to Lord Napier.
My Lord,
Foreign Office, December 24, 1858.
YOUR Lordship suggests, in your despatch of the 4th instant, that you
should be enabled to leave some written declaration in the hands of the
Secretary of State of the United States to the effect that Her Majesty's Govern-
ment have no exclusive views in Central America, and no desire to encourage
163
any transit scheme to the prejudice of existing contracts which may be decided
by a competent and dispassionate Tribunal to be existing between citizens of
the United States and the Central American Republics.
Your Lordship is fully aware that Her Majesty's Government have no desire
to obtain for their country, by negotiation with the Governments of Central
America, any advantages for British subjects which shall not be equally shared
by the subjects and citizens of all other States whatsoever; and that so long as
the transit communication across the Isthmus is promptly and effectively made,
it is matter of perfect indifference to Her Majesty's Government by what
association of individuals that desirable object is accomplished.
Although Her Majesty's Government are of opinion that it is for the
interests of all Governments no less than of the rival Companies themselves,
that any legal differences which may exist between the Companies shall be
speedily settled, yet Her Majesty's Government have no wish to interfere in
those differences, and have, in fact, in the Drafts of Treaties which Sir W.
Ouseley is instructed to propose to the Governments of Nicaragua and Costa
Rica, expressly declared that nothing therein contained is to be construed to
affirm or deny the validity of any existing grant or contract.
Your Lordship is at liberty to make known textually to the Government of
the United States, in whatever form you may think expedient, the views of Her
Majesty's Government on the above-mentioned points.
entioned poin I am, &C. ALMESBU
(Signed)
No. 128.
Lord Napier to the Earl of Malmesbury.-(Received December 27.)
(Extract.)
Washington, December 9, 1858.
. NOTWITHSTANDING the salutary Proclamation of the President, the
filibusters have gone to sea from Mobile in a vessel without lawful papers,
baffling the vigilance, and resisting the intervention, of the United States'
Custom-house authorities.
I inclose the telegraphic announcement as it has reached Washington.
The Assistant Secretary of State believes the intelligence to be well founded.
The vessel in which Walker's party is embarked is a sailing schooner, and
the band is said not to number more than 140. There may be, however,
arrangements for a rendezvous at sea, and a muster of forces from several
quarters.
. It is said that an unsuccessful effort was made to intercept the piratical
vessel by the Revenue cutter, and that her commanding officer was carried off as
å guest.
Inclosure in No. 128.
Newspaper Extracts.
SAILING OF FILIBUSTERS. Mobile, December 7.-THE schooner « Susan,"
Captain Marcy, sailed from this port yesterday, with 140 passengers and well
provisioned, but without a clearance, on pretence of being bound on a coasting
voyage. Before reaching Mobile Point, she was overhauled by an armed boat
from the cutter “ Mc Clelland,” and stopped. The passengers on board the
“ Susan” threatened the cutter-men with violence, and refused to allow them to
board her. Our Collector is awaiting instructions from the Treasury Depart-
ment. Much indignation is manifested by the filibusters and their friends.
The Government spy, Wilson, of Ohio, left the city very suddenly, on
discovering, on the part of some, a disposition to administer to him a coat of tar
and feathers.
Mobile, December 8.-The schooner“ Susan," with the Nicaragua emigrants,
went to sea last night. The cutter “Mc Clelland” fired into her, but no
damage was caused. Lieutenant Whyte, of the cutter, remained on board the
“ Susan”-" as a guest.”
164
Mobile, December 9.-The schooner “ Susan” escaped on Tuesday after-
noon, instead of at night, as before stated. The cutter “Mc Clelland” got
aground at Navy Cove, and, before she could be got off, the schooner was 400
miles away. The filibusters here are greatly elated.
Private advices received here indicate that the filibusters intend to rendez-
vous at some island, possibly in the Florida Keys, before proceeding to Nicaragua.
-REPORTER.)
No. 129.
The Earl of Malmesbury to Sir W. G. Ouseley.
I
Sir,
Foreign Office, December 31, 1858.
WITH reference to my despatch of the 16th instant, I transmit to you
a full power under the great seal which the Queen has been pleased to grant
to Mr. Wyke, constituting him Her Majesty's Plenipotentiary to negotiate with
the Republics of Central America ; and I am to desire that you will deliver the
same to Mr. Wyke in the contingency provided for by my despatch above
referred to.
I am, &c.
(Signed) MALMESBURY.
No. 130.
Lord Napier to the Earl of Malmesbury.—(Received January 17, 1859.)
(Extract.)
Washington, December 31, 1858.
IN conformity with your Lordship's orders, conveyed to me in your
despatch of the 8th instant, I waited upon the Secretary of State yesterday
forenoon, and read that instruction to him. I have also placed a copy of it in
his hands.
General Cass appeared to be gratified by the terms of your Lordship’s
communication, which he more than once qualified as an “honest and proper
despatch," "a candid and straightforward statement.”
In reference to that portion of your Lordship's argument in which you
express your surprise that no allusion should have been made by General Cass to
the verbal communication of Sir William. Quseley's present objects, he observed
that I had not imparted to him specifically the terms of Sir William Ouseley's
instructions ; I had merely given him an outline of the negotiation with which
Her Majesty's Minister was charged, and that with reference to one portion of
the controversy.
I remarked to General Cass that, although not empowered by your Lord-
ship to make a written statement, or to show him the Articles of the projected
Treaties, my account had been sufficiently explicit. I then went over accurately
the ground which I had taken before. I reminded him that I had informed him
that Sir William Ouseley was instructed to negotiate four Treaties-two with
Nicaragua and two with Costa Rica.
One of the Treaties with Nicaragua would be for Commerce, Navigation,
and Transit, securing for Her Majesty's subjects all the privileges accorded, or to
be accorded, to natives of the most favoured nation, and for Her Majesty's
Government the rights of intervention or protection granted to the United States
or any other Power. The other would transfer Mosquitia and Greytown under
the sovereignty of Nicaragua, with provisions for the Indians, generally similar
to those prescribed by the Treaty of 1856; and stipulating for Greytown the
franchises and institutions of a free port, a duty being levied, however, on goods
passing through that port into the interior of Nicaragua, payable to the
Mosquito Chief.
One of the Treaties with Costa Rica would be for Commerce, Navigation,
and Transit. By the other Costa Rica would adhere to the arrangements
concluded with Nicaragua.
I added that although not authorized to communicate the text of the
165
projected Treaties, I was ready to give him any additional explanations he might
desire, and I invited his inquiries on every branch of the question.
General Cass allowed that he had understood my previous statement as I :
now reiterated it; but although he did not distinctly affirm it, he appeared to
entertain the opinion that the communication made to him, under your Lord-
ship's instructions, having been verbal and not specific, it was not such as he was
bound to allude to in a note which dealt with communications of a more formal
character.
With regard to that passage of your Lordship's instruction which lays down
that neither Her Majesty's late nor present Cabinet had invited the Government
of the United States to give an opinion on the point of abrogating the Clayton-
Bulwer Treaty, I said that this must be taken with some reservation in respect
to the Cabinet of Viscount Palmerston, as I had certainly stated to him, as he
well remembered, that Her Majesty's Government would entertain and discuss
a proposal in that sense, if offered by the United States.
General Cass terminated our conference by expressing his hope, and even
his expectation, that all the points under dispute would be adjusted by the
mission of Sir William Ouseley. He did not commit himself explicitly to the
preservation of the Clayton-Bulwer Treaty, as the acceptable and practical rule
of the relations of the two Governments, but he said nothing to the contrary,
and he reserved your Lordship's despatch for the consideration of the President
and Cabinet.
No. 131.
Lord Napier to the Earl of Malmesbury.—(Received January 17.)
My Lord,
Washington, January 2, 1859.
GENERAL CASS informed me this morning, at the President's reception,
that your Lordship's despatch of the 8th ultimo, relative to the eventual objects
of Sir William Ouseley's mission, had been read in the Cabinet, and had given
very great satisfaction to the Ministers.
The Postmaster-General, at a later hour, took occasion to express to me
how highly he appreciated the sentiments and intentions of Her Majesty's
Government.
I have, &c.
(Signed) NAPIER.
No. 132.
Mr. Wyke to the Earl of Malmesbury.—(Received January 19, 1859.)
(Extract.)
Guatemala, November 23, 1858.
DON PEDRO DE AYCIMENA, the Guatemala Minister for Foreign-
Affairs, showed me, yesterday, copy of your Lordship's despatch of the
Ilth ultimo, addressed to their Representative in England, by which that func-
tionary is informed that Her Majesty's vessels-of-war stationed at Greytown will
interfere to prevent the landing at that port of any fresh hostile expeditions
against Nicaragua, should the Government of that Republic request the
Commanders of such vessels so to interfere.
This intelligence has caused great satisfaction here.
These Governments have always considered that such interference on our
part was directly called for by the stipulations of the Bulwer-Clayton Treaty.
P.S.-Since writing the above, I find that the letter alluded to was
addressed to Don José Marcoleta, and not to Señor San Martin, as I had at first
supposed.
.
N
166
17
No. 133.
Sir W. G: Ouseley to the Earl of Malmesbury (Received February 2, 1859.)
My Lord,
Leon, December 28, 1858.
I ARRIVED ät Realejo, on board Her Majesty's sloop " Vixen," on the
16th instant. I had been informed that the President, General Martinez, was to
be there, as his Excellency has annually to make a progress through the
country, and visit all the different Departments. It happened fortunately that
immediately after I landed General Martinez arrived. I took the opportunity of
being introduced to him of course, privately.
We proceeded, the same day, to Chinandega, whence I wrote officially, to ,
ask an audience át ari early day, in order to present my credentials, and
forwarding a copy of the Queen's letter.
The answer of the Nicaraguan Minister' was to the effect that I was to be
received at a publie audience at Leon, as soon after the arrival there of the
President and myself as possible.
The day before yesterday I had the honour of presenting my credential
letter. The Government did all in their power to show respect and goodwill to
Her Majesty's Mission, sent a carriage for me, and testified much gratification
thať Her Majesty had been pleased to accredit me as Envoy Extraordinary and
Minister Plenipotentiary, and in general terms expressed a readiness to meet the
wishes of Her Majesty's Government in every particular.
I am still extremely weak, having been attacked by the fever of the country,
and only left my bed to present my credentials; and I am obliged to defer any
further report for the next opportunity, as this mail will go to-day. I can only
add, that the day after my audience the President and all his Ministers called on
me, and used very flattering and friendly language.
I have the honour to transmit a copy of the remarks that I addressed to the
President on presenting my letter.
I have, &c.
Signed) W. G. QUSELEY.
'
t
Inclosure in No. 133.
Sir W. G. Ouseley's Speech on delivering Her Majesty's Letter to the President
of Nicaragua.
1 THE Queen my august Sovereign hảs been graciously pleased to entrust
to me the gratifying task of cementing the good understanding, and evincing the
feelings of friendly interest that have ever animated Great Britain towards the
State over which your Excellency so ably presides, by concluding a Treaty
calculated to produce the best effects.
It would have been to me, at any time, a pleasing duty to contribute to such
an object; but my efforts will be the more gladly employed at a moment when
the interests of humanity and policy call for decided action on the part of civilized
and commercial nations, to defend this and neighbouring Republics from the
piratical attacks of lawless men, the effects of whose ruthless barbarism it is
lamentable to witness.
The acts of those misguided adventurers have excited just indignation in
the breasts of enlightened rulers of the most powerful maritime nations, on both
sides of the Atlantic, who have resolved that such enormities shall no longer be
tolerated.
All civilized nations have an interest in keeping uninterrupted the free
passage so liberally granted by Nicaragua and the neighbouring States across
the territories which providence has placed under their independent and lawful
sovereignty.
It is for the advantage of all that this independence should be maintained,
and that Nicaragua should become one of the great links between the two
hemispheres.
But no nation has a more direct interest in the security and neutrality of
the transit than Great Britain. The Queen's dominions on the Atlantic bring
Her Majesty's subjects in closer contact with Central America than the inhabitants
167
of any other maritime country; while Her Majesty's valuable possessions in
the Pacific, and the yast British interests in Asia, make it a duty, if not a
necessity for Her Majesty's Government to secure undisturbed passage across
these territories.
The ready participation of Nicaragua in this great object will call for the
efficient protection of these routes, and, indeed, will merit the co-operation of all
commercial nations in their defence from such outrages as those which have
hitherto rendered unavailable these much desired lines of transit..
, I esteem myself fortunate in finding among the members of the present
Administration of this country, so many men of distinguished merit, and
especially in having to treat with a Government at the head of which is your
Excellency,
No. 134.
The Earl of Malmesbyry to Sir W. G. Ouseley.
Sir,
Foreign Office, February 12, 1859.
I RECEIVED on the 2nd instant your despatch of the 28th December,
reporting your arrival at the capital of Nicaragua.
The accounts which I received, together with that despatch, of the serious
illness with which you had been visited, and of the general state of your health,
occasioned me much regret; and I need scarcely assure you that nothing could
be further from the wish of Her Majesty's Government than that you should
prolong your stay in Central America, if your doing so should be likely to be
injurious to you. Her Majesty's Government, indeed, feel convinced that with
the strong impression that you must have of the importance of the negotiation
with which you are entrusted being speedily concluded, you would not hesitate
for a moment at delegating to Mr. Wyke the duty of continuing it in virtue of
the authority conveyed to you in that respect by my despatch of the 16th of
December last, if you should feel that the state of your health prevented
you from giving your undivided attention to it, and from pushing it to its
immediate completion. A variety of circumstances has caused a loss of time
which it was most desirable to avoid, for the difficulty of adjusting these
questions connected with Central America is liable to be increased from day to
day by changes of feeling in the countries themselves and in the United States,
and by events which human foresight cannot anticipate or control.
You will, therefore, understand that my object in addressing to you my
present despatch is to set you quite at ease in regard to transferring to Mr. Wyke
the further conduct of the negotiation with Nicaragua and Costa Rica if the
state of your health should make you feel yourself unequal to the task; and you
may be assured that if you do so, Her Majesty's Government will only attribute
your conduct to a high sense of duty on your part which will have induced you
to sacrifice your own personal feelings out of regard for the paramount interests
of your country,
I am, &c.
(Signed) MALMESBURY.
No. 135.
The Earl of Malmesbury to Lord Lyons,
(Extract.)
Foreign Office, February 15, 1859.
AS regards the questions more immediately bearing on the relations between
this country and the United States, Her Majesty's Government are happy to
think that those arising out of the interpretations of the Clayton-Bulwer Treaty
are now in a fair way to be set at rest. You will find in the archives of your
Mission ample details on this subject; and it is sufficient for my present purpose
shortly to explain to you the footing on which the two countries stand in regard
to these matters.
After the refusal of the American Senate to ratify in such a shape as could
be accepted by this country the Treaty concluded between the Earl of Clarendon
Z 2
168
and Mr. Dallas on the 17th of October, 1856, and the subsequent rejection by
the President of the overture made by Her Majesty's late Government for further
negotiation, it was felt that the only chance of obviating further irritating
discussion in regard to the interpretation of the Treaty, was to attempt to settle
the questions in which the Governments of England and that of the United
States were at variance, not indirectly by negotiation between them, but by
separate negotiations with the Powers on whose interests those questions were
supposed to have direct bearing. Her Majesty's late and present Advisers both
concurred in this policy, and both entrusted to Sir William Ouseley the duty of
giving effect to it; with this difference, however, that the former were disposed
to deal with all the points at once, whereas it has appeared to the latter most
advisable to deal with them separately. Sir William Ouseley is, accordingly,
now engaged in negotiations with Nicaragua which, if successful, will settle all
the debateable points respecting the Mosquito Indians, as far as Nicaragua is
concerned, and will contribute to place on a satisfactory footing the interoceanic
communication through that country.
When this is done, Her Majesty's Government will be prepared to deal in
order with the other questions arising out of the Clayton-Bulwer Treaty; but
with these, as with the former, they will deal for themselves alone, and not in
concert with the Government of Washington. Still, though compelled to adopt
this course by the reluctance of the United States to co-operate with them in
any course whatever, Her Majesty's Government have no desire to withhold
from the United States a full, but confidential, knowledge of all the objects at
which they aim. Such knowledge has been imparted to them in regard to our
negotiations with Nicaragua, and such knowledge you will hereafter be enabled
to convey to them in regard to any further negotiation with which Sir William
Ouseley may be charged.
It was, however, essential for the success of the negotiations with Nicaragua,
perhaps even for the personal safety of the British Envoy to whom they were
entrusted, that pending their progress no interruption should be offered by the
renewal of attempts on the part of desperate men to obtain a footing in Nicaragua,
and to plunge that country again into the anarchy and confusion from which it
has so lately been relieved. Her Majesty's Government gladly admit that the
efforts of the President of the United States have laudably been directed to the
repression of any expeditions for such a purpose which might be undertaken
from the shores of the Union. But they were well aware of the difficulties
which in this respect the President had to contend with, and they felt that they
could not safely rely upon his efforts alone for checking fresh irruptions of
marauders into the territories of Nicaragua. They, therefore, determined to
send an adequate British force to Greytown, and also to the Pacific Coast of
Nicaragua, with instructions to co-operate with the forces of that State in
repelling hostile inroads. The nature of those instructions was at the time fully
explained to the Cabinet, of Washington, and Her Majesty's Government have
every reason to hope that the respective squadrons, though not acting avowedly
in concert, will by their separate efforts effectually prevent any external aggres-
sion on the territory of Nicaragua, and carry out their respective instructions
without any interruption of the good feeling which Her Majesty's Government
are so anxious to see exist between the officers of the respective naval services.
The Government of the United States need not entertain any jealousy in
respect to any supposed design on the part of this country with reference to the
transit routes between the two Oceans. Her Majesty's Government desire only
that such routes should be promptly made and efficiently maintained for the
general benefit of the commerce of all the world; and they are perfectly indif-
ferent by what private agency those ends are accomplished, They seek for
British commerce no exclusive advantage, but they certainly expect to be admitted
to share equally with all other nations whatever facilities of transit through
Central America may be obtained by negotiation or otherwise.
TU
169
No. 136.
Sir W. G. Ouseley to the Earl of Malmesbury.- (Received February 15.)
My Lord,
Leon, January 3, 1859.
IN the hope of being enabled to forward this despatch by the American
steamer expected about this time to touch at Realejo, I send a messenger from
hence to Chinandega.
Don Pedro Zeledon, Minister for Foreign Relations, was invested by the
President, General Martinez, immediately after my formal reception by his
Excellency (reported in my despatch of the 28th December last) with full
powers to act on the part of Nicaragua for the conclusion of the Treaties,
Drafts of which I had the honour to receive when in the United States from
your Lordship.
Señor Jeronimo Perez was at the same time appointed by the President
Secretary to assist Señor Zeledon. Señor Perez was Secretary to General Xeres'
Mission, and I had frequent opportunities of conversing with him when in the
United States.
We have had several meetings, and the Nicaraguan Minister has proposed
some alterations and modifications, with two exceptions, of an unimportant and
unobjectionable character.
Don Pedro Zeledon, and the necessity for putting in official form certain proposed
additions to the Treaty, which I may, unless modified, have to reject.
The President and Cabinet are now at Managua, whither I shall have to
proceed, probably in the course of this week.
I have the honour to forward copies of a note from the Nicaraguan Minister,
and of my reply, respecting the Mosquito question.
I have, &c.
(Signed) W. G. OUSELEY.
Inclosure 1 in No. 136.
Don Pedro Zeledon to Sir W. G. Ouseley.
Señor Ministro,
Leon, Diciembre 12 de 1858.
CUANDO felizmente el Gobierno de la Gran Bretaña y el de Nicaragua se
proponen celebrar un Tratado de Amistad y relaciones mas estrechas, no puede
preterirse una cuestion pre-existente entre los dos sin que parezca que el uno
asiente y reconoce el derecho alegado por el otro. La República de Nicaragua
y la Gran Bretaña tiene la antigua cuestion sobre el territorio llamado Mosquitia,
cuyo derecho nunca ha renunciado aquella, y aun siempre lo ha consignado en
su Constitucion. Por esto parece indispensable que en el cuerpo del Tratado
que se discute, aparezca uno ó mas Artículos arreglando éste punto.
En tal concepto, el Infrascrito desea que V.E. se sirva manifestarle si esta,
como lo cree, autorizado e instruido para este objeto; y si tiene á bien tratar de
él ante todo, seguro de que, por parte de Nicaragua, hay todo deferencia que
cuadre con su dignidad.
El Infrascrito, &c.
(Firmado) PEDRO ZELEDON.
(Translation.)
M. le Ministre,
Leon, December 28, 1858.
AT a time when the Governments of Great Britain and Nicaragua propose
to conclude a Treaty of Friendship and most intimate relations, a pre-existing
question between the two Governments cannot be passed over without it
appearing that the one Government assents to and recognises the claim alleged
by the other. The Republic of Nicaragua and Great Britain have the old
question to discuss) respecting the territory called Mosquitia, her right to
which has never been renounced by Nicaragua, who has even incorporated it
into her Constitution. It seems, therefore, indispensable that in the body of the
Treaty now under discussion one or more Articles for the settlement of this
point should be inserted.
170
With this view the Undersigned requests that your Excellency will be
good enough to acquaint him if you are, as he believes, authorised and instructed
to this effect; and if you are disposed to discuss this question in the first
place, you may be sure that on the part of Nicaragua there will be every
deference consistent with her dignity.
The Undersigned, &c.
PEDRO ZELEDON.
Inclosure 2 in No. 136.
Sir W. G. Ouseley to Don Pedro Zeledon.
Sir,
Leon, January 1, 1859.
WHEN I had the honour of receiving your Excellency's note of the 28th
ultimo, I was too ill to answer it immediately.
Your Excellency is quite right in supposing that I am authorised to
negotiate on the question of Mosquitia. But it is for many reasons advisable
that the general Treaty of Friendship, Commerce, and Navigation, should first
be definitively agreed upon, and that the subject of the Mosquito territory should
be treated separately.
That a mention of the claims urged by Nicaragua to the territory in
question has lately been introduced into a new Constitution, although never
incorporated in the original Constitution of this country, cannot, as your Excel-
lency will readily perceive, affect this question, as regards Her Majesty's
Government.
I have, however, no doubt that the proposals on this subject which I have
been instructed to make on the part of Her Majesty's Government to that of
Nicaragua, and which I shall take the first opportunity of communicating to
your Excellency, are such as will lead to a final and amicable settlement of the
whole question, satisfactory alike to both Governments.
In the meantime it is so urgent that the General Treaty should be signed
without delay, that neither the adjustment of the Mosquito claims, nor the
completion of the Postal Treaty, which I had the honour verbally to mention to
your Excellency, should be allowed to retard its completion.
I request, &c.
(Signed) • W. G. OUSELEY.
No. 137.
The Earl of Malmesbury to Sir W. G. Ouseley.
(Extract.)
Foreign Office, February 16, 1859.
I HAVE received your despatches of the 3rd of January.
From the meagre report which you give of your intercourse with the
Nicaraguan Plenipotentiary, Her Majesty's Government are unable to judge or
the prospects of your negotiation, and still less of the motives which have
induced you, as appears from your correspondence with M. Zeledon, to make
the conclusion of a Convention respecting Mosquitia, which was the primary
object of your mission, subordinate to that of the General Treaty of Friendship
and Commerce, which was a matter of secondary importance, as far as the main
difficulties in regard to Central America with which Her Majesty's Government
have to contend, are concerned.
By the course which you have adopted you almost necessarily provoked the
inquiry addressed to you by M. Zeledon, which it was desirable that you should
forestall, and may very possibly have rendered it more difficult to conclude a
satisfactory arrangement with regard to Mosquitia when the Nicaraguan Govern-
ment, having made their Treaty with you on the general question, will no longer
have an interest in being moderate in regard to the particular one in the hopes
of, by such moderation, disposing you favourably towards any suggestions they
might put forward with the view of obtaining support in their discussions with
the United States.
: Be that as it may, however, Her Majesty's Government wish you to under-
stand that the questions of the cession of the protectorate of Mosquito and of the
171
settlement of the status of Greytown, in a manner honourable to this country,
are those to which they attach the greatest importance, and they desire that you
should abide by the literal terms of the Draft of Convention on that point which
has been furnished to you, and sign no general Treaty with Nicaragua until
such Convention respecting Mosquitia is signed. The first object of Her
Majesty's Government is to settle the latter question, so as to obviate any
further discussion with the Government of the United States on the interpreta-
tion of the Clayton-Bulwer Treaty as affecting the claims of Nicaragua to
Mosquito; for it is quite clear that no arrangement can be made in regard to the
transit route, which shall obviate any further discussion between this country
and the United States, as long as the question respecting the Mosquito
protectorate remains in its présent state. The Treaties which you are charged
to negotiate must be looked upon as a whole, and inseparable, except in form,
and can only be ratified by Her Majesty as such.
No. 138.
Sir,
The Earl of Malmesbury to Sir W. G. Ouseley.
Foreign Office, February 16, 1859.
IN my despatch of the 31st of December last, I transmitted to you
a full power which the Queen had been pleased to grant to Mr. Wyke, to enable
him to act as Her Majesty's Plenipotentiary, in the event of your being prevented,
by illness or any other cause, from completing the negotiation with which you
are charged.
Her Majesty, however, having now thought proper to entrust Mr. Wyke
with a negotiation with the Republic of Guatemala, for the conclusion of a
Convention defining the boundary of the British Settlement of Honduras, so far
as it binds upon the Republic of Guatemala, I have to instruct you to forward to
him, without loss of time, the full power which accompanied my above
despatch.
I inclose to you, for your information, a copy of the instruction which I
have given to Mr. Wyke, * in regard to the negotiation with which he is
charged.
(Signed), MALMESBURY.
.
I am, &c.
No. 139.
The Earl of Malmesbury to Mr. Wyke.
(Extract.)
Foreign Office, February 16, 1859.
I HAVE to acquaint you that Her Majesty's Government are desirous of
arranging with the Government of Guatemala the question of the limits between
the British Settlement of Belize and the Republic of Guatemala, and have
determined to entrust this affair to your hands.
The general nature of the arrangement which Her Majesty's Government
have to propose was, on the part of my predecessor the Earl of Clarendon,
explained to M. de Francisco Martin, the Guatemalan Minister at this Court, in
the summer of 1857, by Mr. Stevenson, the late Superintendent of Belize; and
as M. de Francisco Martin no doubt rendered to his Government an account of
what then took place between him and Mr. Stevenson, you will probably find
the Guatemalan Government prépared for what it will be your duty to propose.
I inclose, for your information, an extract from a letter from Mr. Stevenson,
containing a report of his interview with M. de Francisco Martin on this
subject.
Her Majesty's Government are desirous that the limits of British Honduras
should be established on the basis of the actual British occupations, as defined in
the inclosed Draft of Convention. The proposed line of boundary would
commence at the mouth of the River Sarstoon, in the Bay of Honduras, and
* No. 139.
172
proceed up the mid-channel of that river to Gracias a Dios Falls; it would then
turn northward, and continue by a line drawn direct from Gracias a Dios Falls
to Garbutt's Falls on the River Belize; and from Garbutt's Falls due north until
it strikes the Mexican frontier.
It will be necessary that you should be exceedingly careful not to accept
any part of the proposed boundary as a cession from the Republic of Guatemala,
or to accept, as it were, a title to any part of the British occupation from the
Republic. It has been contended by the Government of the United States that
the tract of territory between the Rivers Sibun and Sarstoon forms part of
Central America, as having been included in the ancient Kingdom of Guatemala;
and that as it is stipulated by the Treaty between Great Britain and the United
States of April 19, 1850, commonly called the Bulwer-Clayton Treaty, that
neither party shall occupy, fortify, colonize, or assume or exercise dominion over
any part of Central America, Great Britain is, by that Treaty, bound to with-
draw from the district in question, without reference to her title to it, whether
good or bad.
Her Majesty's Government cannot acquiesce in this view of the case,
because, at the time of the ratification of the Bulwer-Clayton Treaty, they
expressly declared to the Government of the United States that the British
Government did not understand the engagements of that Treaty to apply to Her
Majesty's Settlement at Honduras, or to its dependencies; and Mr. Clayton, the
American Secretary of State, stated, in reply, that the Treaty was not intended
by either negotiator to apply to the Settlement of Honduras, the title to which
was intended to be left just as it stood previously. But in order to show that in
the adjustment of the boundary now contemplated Her Majesty's Government
seek for nothing whatever beyond what was in their occupation at the time of
the signature of the Bulwer-Clayton Treaty, and is, therefore, covered by the
declaration made on the exchange of the ratifications of that Treaty, it is placed
on record in the first paragraph of the Draft Convention that the boundary
thereinafter defined, is such as existed previously to and on the 1st of January,
1850, that is, previously to the conclusion of the Bulwer-Clayton Treaty. It is,
in short, absolutely necessary that the line of boundary to be established by the.
proposed Convention should be therein described, not as involving any cession or
new acquisition from the Republic of Guatemala, but as it is in fact, simply as
the definition of a boundary long existing, but not hitherto ascertained.
Articles II, III, IV, and V of the Draft contain arrangements for the
appointment of Commissioners to designate and mark out the boundary, and for
the general guidance of their proceedings. Article VI stipulates that the channels
in the water line of boundary shall be free and open to both parties, and that any
islands therein shall belong to that party on whose side of the main channel they
may be situated.
In proposing the Draft of Convention to the Government of Guatemala,
you will not fail to point out to them that the definitive settlement of the
boundary, besides being desirable for the interests of Central America generally,
would be productive of great advantage by putting a stop to encroachments and
trespasses, by removing the chances of squabbles and collisions on the frontier,
and by thus inducing habits of peace and order among the people of either
nation inhabiting or resorting to the country upon the border.
Her Majesty's Government confidently trust that the Government of
Guatemala, in view of these considerations, and from a feeling of friendship for
Great Britain, will be disposed to conclude the arrangement which you are
instructed to propose to them.
I have only to add that the Queen had, some time ago, been pleased to
grant you a full power, under the great seal, to negotiate with the different
Republics of Central America. It was then Her Majesty's intention that you
should make use of that full power only in the event of Sir William Gore
Ouseley being prevented, by ill health or any other cause, from completing the
negotiations with which he is charged, and it was accordingly transmitted to
him with instructions to send it on to you if the necessity for so doing should
arise. He will, however, by the present mail be instructed at once to forward
the full power to you, and, in virtue of it, you will carry on the negotiation with
which Her Majesty's Government have now charged you.
173
Inclosure l in No. 139.
Mr. Stevenson to the Earl of Clarendon.
11
(Extract.)
London, June 24, 1857.
REFERRING to the letters I have lately received from the Foreign and
Colonial Offices, in which have been conveyed to me your Lordship's desires that
I should be put in communication with the Minister of Guatemala on the subject
of the boundaries between that State and the British possessions in the Bay of
Honduras, I have the honour to report that I have twice met Don Francisco
Martin on the subject of those boundaries, and explained to him the extent
of the British occupations, beyond the original limits of the Spanish Treaties, as
they existed on and for many years prior to the 1st of January, 1850, and also
the nature and foundation of the British claim to a line of boundary that would
cover all such actual occupations and effectually prevent all future trespasses by
either party.
In suggesting this claim to a certain and well-defined line of boundary, I
explained that many of these actual occupations had existed for periods ranging
between thirty, forty, and fifty years, and that it would be impossiblz, îrom the
nature of the country and the scattered possessions of the wood-cutters, to
circumscribe each individual occupation, or otherwise to deal with the difficulty
of boundary than by including the whole of such possessions within the limits
of certain clearly defined lines, drawn within well-known or easily determined
points.
This, Don Francisco Martin appeared very readily to concede, although he
seemed to doubt whether I had been rightly informed as to the length of possession
of many of the occupations in question, south of the Sibun. Upon that point,
however, I have no hesitation in saying that I believe all the information I have
received and furnished to have been perfectly correct.
I think and hope that the result of all these explanations has been a
successful step towards the determination of the boundaries of the British
possessions. I reduced to writing the lines which were acquiesced in, subject to
some collateral understanding, with which, I informed Don Francisco Martin, I
could not deal, but which he was to take some other occasion for bringing before
your Lordship.
The general outline of boundary so arranged, is as follows, viz. :-
East, from the Hondo to the Sarstoon, on the shores of the Bay of
Honduras, including all the cays and islets off the mainland within the same
latitude;
South, from the mouth of the Sarstoon to the Gracias a Dios Falls on that
river (Señor Martin tells me these Falls have some other known name);
West (south of the River Belize), on a line drawn from Gracias á Dios to
Garbutt's Falls, on the River Belize, and (north of the River Belize) on a
continuing line drawn due north until it either intersects the Blue Creek branch
of the Hondo, or reaches a point in the same parallel as the source or head of
Blue Creek, as actual survey will determine; and
North, from such point of intersection, or of parallel, down Blue Creek to
its confluence with the Hondo, and thence down to the mouth of the Hondo.
To this general outline of boundary some minor details and stipulations
were added or suggested, and acquiesced in; and the whole result, as it appeared
in my Memorandum, was left with Don Francisco de Martin for more careful
perusal, and afterwards, with one or two marginal notes of his own, placed in the
hands of Mr. Bergne, at the Foreign Office, to be shaped into Articles for a
Treaty of Boundaries.
I have since perused those Articles as they have been prepared, and think
that they are quite comprehensive enough to settle the question of boundary,
if finally acquiesced in by the Minister for Guatemala, and if they be also
accepted and confirmed in a separate Treaty with Mexico, so far as concerns its
contiguous State of Yucatan.
I may also mention that I have introduced a stipulation that the State of V
Guatemala is confined to the defined limits of the British possessions in so far as
i 1binds thereon; and that all claim on the part of Guatemala to any part of
such British occupations is entirely abandoned.
1
2 A
174
Inclosure 2 in No. 139.
Draft Convention between Her Majesty and the Republic of Guatemala, relative
to the Boundary of British Honduras.
WHEREAS the boundary between Her Britannic Majesty's Settlement
and Possessions in the Bay of Honduras, and the territories of the Republic of
Guatemala, has not yet been ascertained and marked out; Her Majesty the
Queen of the United Kingdom of Great Britain and Ireland, and the Republic
of Guatemala, being desirous, with a view to improve and perpetuate the friendly
relations which happily subsist between the two countries, to define the boundary
aforesaid, have resolved to conclude a Convention for that purpose, and have
named as their Plenipotentiaries, that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Charles Lennox Wyke, Esq., Her Britannic Majesty's Chargé d'Affaires
to the Republic of Guatemala ;
And His Excellency the President of the Republic of Guatemala,
rn
Who, after having communicated to each other their respective full powers,
found in good and due form, have agreed upon and concluded the following
Articles :
ARTICLE 1.
It is agreed between Her Britannic Majesty and the Republic of Guatemala,
that the boundary between the Republic and the British Settlement and Posses-
sions in the Bay of Honduras, as they existed previous to and on the 1st day of
January, 1850, and have continued to exist up to the present time, was, and is
as follows:-
Beginning at the mouth of the River Sarstoon in the Bay of Honduras, and
proceeding up the mid-channel thereof to Gracias á Dios Falls ; then turning to
the right, and continuing by a line drawn direct from Gracias a Dios Falls to
Garbutt's Falls on the River Belize, and from Garbutt's Falls due north until it
strikes the Mexican frontier.
It is agreed and declared between the High Contracting Parties that all the
territory to the north and east of the line of boundary above described, belongs
to Her Britannic Majesty ; and that all the territory to the south and west of
the same belongs to the Republic of Guatemala.
ARTICLE II.
Her Britannic Majesty and the Republic of Guatemala shall, within .
months after the exchange of the ratifications of the present Convention, appoint
each a Commissioner for the purpose of designating and marking out the
boundary described in the preceding Article. Such Commissioners shall ascer-
tain the latitude and longitude of Gracias á Dios Falls and of Garbutt's Falls,
and shall cause the line of boundary between Garbutt's Falls and the Mexican
territory to be opened and marked where necessary, as a protection against
future trespass.
ARTICLE III.
The Commissioners mentioned in tlie preceding Article shall meet at such
place or places as shall be hereafter fixed, at the earliest convenient period after
they shall have been respectively named; and shall, before proceeding to any
business, make and subscribe a solemn declaration that they will impartially and
carefully examine and decide, to the best of their judgment, and according to
justice and equity, without fear, favour, or affection to their own country, upon
all the matters referred to them for their decision; and such declaration shall be
entered on the record of their proceedings.
The Commissioners shall then, and before proceeding to any other business,
name some third person to act as Arbitrator or Umpire in any case or cases in
which they may themselves differ in opinion. If they should not be able to
agree upon the choice of such a third person, they shall each name a person, and
in each and every case in which the Commissioners may differ in opinion as to
the decision which they ought to give, it shall be determined by lot which of the
175
two persons so named shall be the Arbitrator or Umpire in that particular case.
The person or persons so to be chosen shall, before proceeding to act, make and
subscribe a solemn declaration, in a form similar to that which shall already have
been made and subscribed by the Commissioners, which declaration shall also
be entered on the record of the proceedings. In the event of the death, absence,
or incapacity of either of such Commissioners, or of either of such Arbitrators
or Umpires, or of his omitting, or declining, or ceasing to act, another person
shall be named, in the same manner, to act in his place or stead, and shall make
and subscribe such declaration as aforesaid.
Her Britannic Majesty and the Republic of Guatemala shall engage to
consider the decision of the two Commissioners conjointly, or of the Arbitrator
or Umpire, as the case may be, as final and conclusive on the matters to be
respectively referred to their decision, and forthwith to give full effect to the
same.
ARTICLE IV.
The Commissioners hereinbefore mentioned shall make to each of the
respective Governments a joint report or declaration, under their hands and
seals, accompanied with a map or maps in quadruplicate (two for each Govern-
ment), certified by them to be true maps of the boundary defined in the present
Treaty, and traversed and examined by them.
ARTICLE V.
The Commissioners and the Arbitrator or Umpire shall keep accurate
records and correct minutes or notes of all their proceedings, with the dates
thereof, and shall appoint and employ such surveyors, clerk or clerks, or other
persons, as they shall find necessary to assist them in the transaction of the
business which may come before then.
The salaries of the Cominissioners shall be paid by their respective Govern-
ments. The contingent expenses of the Commission, including the salary of the
Arbitrator or Umpire, and of the surveyors and clerks, shall be defrayed in
equal moieties by the two Governments.
ARTICLE VI.
It is further agreed that the channels in the water-line of boundary described
in Article I of the present Convention shall be equally free and open to the
vessels and boats of both Parties; and that any islands which may be found
therein shall belong to that Party on whose side of the main navigable channel
they are situated.
ARTICLE VII.
The present Convention shall be ratified, and the ratifications shall be
exchanged at
as soon as possible within the space of
months.
In witness whereof the respective Plenipotentiaries have signed the same,
and have affixed thereto the seals of their arms.
Done at
No. 140.
The Earl of Malmesbury to Mr. Wyke.
Sir,
Foreign Ofice, February 16, 1859.
I THINK it right to observe that the proposed line of demarcation between
the Republic of Guatemala and the British Settlement of Honduras, as described
in my previous despatch of this date, is not exactly the same in terms as the line
described by Mr. Stevenson to M. de Francisco Martin.
In the first place, it has been deemed unnecessary to describe, in a Treaty
with Guatemala, the sea-frontier, or any more of the land-frontier than that
which relates to the territory of Guatemala ; and, secondly, the continuation of
the boundary northward from Garbutt's Falls is, in the Draft, described simply
2 A 2
126
by a due-north line to the Mexican frontier, instead of a line due north to Blue
Creek, or to a point on the parallel of the source of Blue Creek.
The object of this last alteration has been merely to make the proposed
line as simple and clear as possible ; the expectation of Her Majesty's Govern-
ment being, that the simpler description now proposed will make little, if any,
real difference to either Party in point of territory.
I am, &c.
(Signed)-MALMESBURY.
No. 141.
UNA
Lord Napier to the Earl of Malmesbury.-(Received February 28.)
My Lord,
- Washington, February 15, 1859.
HAVING been authorized, by the terms of your Lordship's despatch
of the 24th of December last, to make, at my discretion, a com?nunication
in writing to the Secretary of State, embodying the views of Her Majesty's
Government respecting the rights desired by Great Britain in the transit region,
as well as with reference to the existing contracts or engagements of the Isthmus
States with American citizens, I availed myself of a recent occasion to place in
the hands of General Cass the accompanying extract of your Lordship's instruc
tion above mentioned.
By this communication the Secretary of State possesses a perroanent record
of the policy of Her Majesty's Government, which excludes all aim at separate
privileges, and disclaims any wish to interfere with the existing rights of American
associations, but which points to the early examination and adjustment of exist-
ing engagements in the interest of the rival Companies and of the maritime
Powers.
General Cass expressed his satisfaction in the views of Her Majesty's Govern-
ment.
I have, &c.
(Signed) NAPIER.
1
Inclosure in No. 141.
The Earl of Malmesbury to Lord Napier.
mee
whu citizens of all other States that
(Extract.)
Foreign Office, December 24, 1858.
YOUR Lordship is fully aware that Her Majesty's Government have no
desire to obtain for this country, by negotiation with the Covernments of Central
America, any advantages for British subjects which shall not be equally shared
by the subjects and citizens of all other States whatsoever, and that, so long as
the transit communication across the Isthmus is promptly and effectively made,
it is a matter of perfect indifference to Her Majesty's Government by what associa-
tion of individuals that desirable object is accomplished. Although Her Majesty's
Government are of opinion that it is for the interest of all Governments, no less
than of the rival Companies themselves, that any legal differences which may
exist between the Companies should be speedily settled, yet Her Majesty's
Government have no wish to interfere in those differences, and have, in fact, in
the Drafts of Treaties which Sir William Ouseley is instructed to propose to the
Governments of Nicaragua and Costa Rica, expressly declare that nothing therein
contained is to be construed to affirm or deny the validity of any existing grant
or contract.
9
No. 142.
The Earl of Malmesbury to Lord Lyons.
My Lord,
Foreign Office, March 1, 1859.
I TRANSMIT to your Lordship copies of two despatches which I addressed
on the 16th ultimo, to Mr. Wyke, * instructing him to propose to the Government
* Nos. 139 and 140,
1779
of Guatemala a Convention for the settlement of the boundary of the British
Settlement of Belize.
· These papers are sent to your Lordship for your own information, and not
with the view of your comníunicating them to the Government of the United
States; but as Her Majesty's Government have no desire to make a secret of
their proceedings which in any way bear upon the question of Central America,
you may take an opportunity of mentioning to General Cass that they are
endeavouring to settle with Guatemala, on the basis laid down in the Clarendon-
Dallas Treaty, the boundary of the British Settlement of Belize, so far as it is
conterminous with that Republic and in unison with that line of policy which
I explained to Lord Napier in my despatch of the 8th of December last.
I am, &c.
(Signed) MALMESBURY.
No. 143.
Sir W. G. Ouscley to the Earl of Malmesbury.---(Received March 4.)
CI
My Lord,
Leon, January 5, 1859.
WITH reference to my despatch of the 28th ultimo, inclosing a copy
of my address to the President of Nicaragua, on the occasion of prese ating
my credentials, I have now the honour to transmit a translation of his Excel-
lency's reply, which has just reached me.
The inclosed copy is made verbatim from the translation sent to me by the
Nicaraguan Minister, the original Spanish not having yet been forwarded to Her
Majesty's Mission.
I have, &c.
(Signed) W. G. OUSELEY.
od VOSS
Inclosure in No. 143.
Wireitos
. .
Reply of President Martinez to Sir W. G. Ouseley's Remarks on presenting his
Credentials.
(Translation.)
Mr. Minister,
THOUGH the kind feelings of the august Sovereign of Great Britain and
Treland are well known and acknowledged by the people of Nicaragua, I congratu-
late myself on hearing them from her worthy Representative; and at the same
time I am very happy to express to your Excellency the assurance of their
reciprocity on the part of this Republic towards the Queen and towards the
nation she so wisely rules.
I highly appreciate the noble feelings by which your Excellency is animated
on discharging your honourable mission, as well because they evince the prin-
ciples of strict morality in which your heart is abundant, on lamenting the cruelties
of foreign Vandalism in Nicaragua, as on account of the policy humanitary and
of social communion, which in your interesting allocution is expressed.
England no doubt is abundant in eminent men, but the appointmerit which
from among them her august Sovereign has made in the person of Sir Gore
Ouseley witnessess her happy election. The precedents of your Excellency,
your social connections in the Republic of the United States, your relations of
friendship with President Buchanan, and the sympathy that the reports of your
appointment produced in the Presidents and States of Central America, and
especially in the men near the actual administration of Nicaragua, all promised
a result satisfactory to both countries and to all the commercial nations of the
world.
YO
178
No. 144.
Sir W. G. Ouseley to the Earl of Malmesbury.-(Received March 4.)
(Extract.)
Leon, January 8, 1859.
THE Treaty with Nicaragua had been so far agreed upon between the
Minister for Foreign Relations and myself, that I think it would have been
signed to morrow, but for the arrival of a Government courier from Greytown
with despatches from your Lordship, forwarded by Mr. Consul Green. ]
alluded more particularly to that of the 10th of November last, which I had the
honour yesterday to receive.
I had agreed to some alterations and additions of either a merely verbal or
unimportant character ; but I had also consented, as authorized by your
Lordship's instructions conveyed in your despatch of the 14th of October
last, further confirmed by the tenour of your despatch of the 26th of October,
to modify Article XXII in the sense of the alterations in the United States
Treaty proposed by General Xeres at Washington. At the same time, I
thought it advisable to strengthen and render more precise and indisputable the
provisions of Article XX, giving us all the advantages enjoyed by the most
favoured nations.
It is most satisfactory to me to find that I had anticipated the arguments,
and almost the precise words, used in your Lordship's despatch of the 10th of
November, recommending that Nicaragua should accept, in the Treaties with
England and France, the terms insisted on by the United States.
It was in order to hasten the completion of the Treaty that I had agreed
to the alteration in question. As I now find that your Lordship prefers that
Article XXII should remain as in the Draft, I shall endeavour to have it
re-inserted with as little delay as possible.
No. 145.
Sir W. G. Ouseley to the Earl of Malmesbury.-(Received March 4.)
My Lord,
Leon, January 15, 1859.
I HAVE the honour to transmit to your Lordship copies of a letter that I
lately received from Don Nasario Toledo, Minister and Secretary of State for the
Foreign Relations of Costa Rica, welcoming me, on the part of the President of
that State, to Central America, and of my answer to his Excellency.
I have, &c.
(Signed) W. G. OUSELEY.
Inclosure 1 in No. 145.
Señor Toledo to Sir W. G. Ouseley.
Excelentisimo Señor, Palacio Nacional, San José, Diciembre 16 de 1858.
MUY satisfactorio es para el Infrascrito cumplir las órdenes de su
Excelencia el Presidente de la República saludando á vuestra Excelencia y
felicitándole por su arribo a las costas de Centro-América.
Las resoluciones del Gobierno de Su Magestad Británica en obsequio de
los intereses de los Estados de Centro-América, especialmente de Costa Rica y
Nicaragua, inspiran y deben inspirar á sus autoridades los sentimientos que
naturalmente nacen de las justas, generosas, y benéficas disposiciones de
la Gran Bretaña, en pos de las cuales deba venir la quietud v bienestar de
estos paises.
Por tanto, el Infrascrito da á vuestra Excelencia la merecida felicitacion por
haberle correspondido ser el ejecutor de tan interesantes medidas, como digno
Representante de las voluntades de Su Magestad Británica, esperando que al
visitar este pequeño pais, como es de creerse, ha de encontrar tan favorable
disposicion en su Gobierno y en su pueblo que establecerá por lo menos una
mediana recompensa á las distintas privaciones que el Europeo sufre natural-
mente entre nosotros.
.
179
En la confianza de que cuanto antes tenga Costa Rica el honor de recibir al
digno Representante de Inglaterra, el Infrascrito, &c.
(Firmado) NASARIO TOLEDO.
(Translation.)
Most Excellent Sir,
National Palace, San José, December 16, 1858.
THE Undersigned has great satisfaction in complying with the orders of
his Excellency the President in offering his salutations to your Excellency, and
in congratulating you on your arrival on the coasts of Central America.
The intentions of Her Britannic Majesty's Government in favour of the
interests of the Central American States, and especially of Costa Rica and
Nicaragua, inspire, and must inspire, in their authorities the sentiments which
are naturally awakened by the just, generous, and beneficent dispositionss of
Great Britain, and from which must result the tranquillity and welfare of those
countries,
The Undersigned, therefore, offers to your Excellency his sincere congratu-
lations on your having been appointed the Agent to carry out such interesting
measures, as the worthy Representative of Her Britannic Majesty's wishes; and
he trusts that on your visiting, as it is to be supposed you will visit, this little
country, you will not fail to meet with such a favourable disposition on the
part of its Government and of its people as will afford at any rate a slight
compensation for the very sensible privations which a European sojourning with
us must naturally suffer.
Trusting that before long Costa Rica will have the honour of receiving the
worthy Representative of England, the Undersigned, &c.
(Signed) NASARIO TOLEDO.
Inclosure 2 in No. 145.
Sir W. G. Ouseley to Señor Toledo.
Leon, January 14, 1859.
THE Undersigned, &c., had the honour of receiving from your Excellency
the very gratifying letter of the 16th of December last, in which, by order of
his Excellency the President of the Republic of Costa Rica, your Excellency
welcomes the Undersigned on his arrival in Central America. He requests your
Excellency to convey his respectful thanks to his Excellency the President for
the obliging expressions by which he is personally greeted, and by which he feels
much honoured.
But he has especially the highest satisfaction in perceiving that the just and
generous views of Her Britannic Majesty, and the enlightened policy that inspires
her Government, are duly appreciated by the Government of which your Excel :
lency is a distinguished Member.
Such sentiments as your Excellency expresses are the more pleasing to the
Undersigned as they are an earnest of the readiness with which the Government
of Costa Rica will meet the views of that of Her Majesty, by promptly joining
in the adoption of measures for the mutual benefit of both countries, which it
will be the duty of the Undersigned to propose, aud which will draw still closer
the ties which have long united Great Britain and Costa Rica
The Undersigned, &c.
(Signed) W. G. OUSELEY.
No. 146.
T
Sir W. G. Ouseley to the Earl of Malmesbury.—(Received March 4.)
My Lord,
Leon, January 18, 1859,
THIS day the Treaty of Friendship, Commerce, and Navigation, proposed
by Her Majesty's Government to that of Nicaragua was signed by Señor Zeledon
and myself.
I hope shortly to have the honour of transmitting a draft of this document,
YY
LA
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180
showing the modifications, additions, or alterations that were adopted, with
explanatory remarks on the same.
I am assured by the Nicaraguan Government that they will employ every
effort to secure the prompt ratification of this Treaty by the Assembly, before
which body it will be laid to-morrow, should it meet so soon.
The Convention will, at all events, be forwarded this day to Managua, and
be, I am assured, taken into consideration by the Assembly on the first day of
their session.
I have, &c,
(Signed) W. G. OUSELEY.
1
No. 147.
Sir W. G. Ouseley to the Earl of Malmesbury
(Received March 4.)
(Extract.)
Leon, January 19, 1859.
BEFORE I left New York it was confidently asserted that the Treaty
between this Governinent and the United States had been ratified, after some
modification had been conceded by the North American Minister.
Finding, on my arrival, that there was no chance of the ratification of the
United States' Treaty while its Articles XV and XVI (corresponding to Articles
XXI and XXI of our Tready) reinained unmodified, except as the result of
ulterior stringent coercion by the United States, authorized also by the tenour of
the instructions that I had the honour of receiving in your Lordship's despatches
of the 14th and of the 26th of October last, not having at that time received
the despatch of the 10th of November last from the Foreign Office, I agreed to
certain modifications to the effect of those proposed to the United States by the
Nicaraguan Minister.
This was coupled with the addition to Article XX (giving us every right
and privilege allowed to the most favoured nation), copy of which I have the
honour to inclose.
Inclosure in No. 147.
Modification of Article XX in Treaty with Nicaragua, signed on the 18th of
January, 1859.
AND, generally, the Republic of Nicaragua engages to grant to Great
Britain, and to British subjects, the same rights and privileges, in all respects,
in regard to the transit, and the rates of transit, and also as regards all other
rights, privileges, 09 advantages whatsoever, whether relating to the passage or
employment of troops or otherwise, which are now or may hereafter be granted to
or allowed to be enjoyed by the most favoured nation.
[N.B.---The words printed in italics are those added to the Article.
No. 148.
Sir W. G. Ouseley to the Earl of Malmesbury.- (Received March 20.)
(Extract.)
Leon, January 19, 1859.
THE day before yesterday I received from Señor Cortez, Secretary of State
at the head of the Nicaraguan Ministry, the letter of which I have the honour
to inclose copy and translation, mentioning that the officers of the United States'
frigate “ Saranac" had reported, at San Juan del Sur, on the Pacific coast of
Nicaragua, that an immediate attack on a point in Mosquitia was intended by
Walker, for the purpose of entering Nicaragua from that quarter.
Similar reports have for some time been current.
Copics are inclosed of my reply to the note of Señor Cortez, and of my
note to Señor Zeledon to which that reply refers, as also of his reply, this
moment received.
YIT
TY
181
Inclosure 1 in No. 148.
Señor Cortez to Sir W. G. Ouseley.
Señor,
· Palacio National, Managua, Enero 14 de 1859.
EL 11 del actual á las 5 de la tarde ancló en la Bahia de San Juan del
Sur de esta República la fragata de guerra Norte-Americana “Saranac,” cuyos
oficiales informaron al Comandante de aquel puerto de haber salida de Mobile el
vandido Wm. Walker, caudillo de los filibusteros, con 500 hombres, con
direccion á las costas de Mosquitia, de donde penetraria al interior de la Repúb-
lica por el Rio Misco, que tiene su origen en jurisdiccion del Departamento de
Chontales.
Siendo muy conocidas las miras del moderno filibusterismo sobre todo
Centro-America, y principalmente sobre. Nicaragua, mi Gobierno toma las
medidas precautorias conducentes á impedir su internacion: pero, como sabe
V.E. la desembocadura del mencionado Rio Misco se halla en el territorio de
Mosquitia, á donde por ahora no alcanza la accion del Poder Ejecutivo, y siendo
cierto que el ilustrado Gobierno de V.E. esta dispuesto a destruir con las armas
cualquiera empresa filibustera que tenga en mira consumar sus designos de
incendio y pillage, interrumpiendo las relaciones comerciales y alejando al mismo
tiempo el restablecimiento de la linea de transito, su Excelencia el Señor General
Presidente de la República tiene á bien participar por mi medio á V.E. el referido
informe dado por los oficiales de la mencionada fragata al Comandante del
puerto de San Juan del Sur para su inteligencia ; y al verificar lo me queda, &c.
(Firmado) ROSALIO CORTEZ.
(Translation.)
711
Sir,
National Palace, Managua, January 14, 1859.
ON the 12th instant, at 5 o'clock p.M., the American frigate - Saranac”
anchored in the Bay of San Juan del Sur in this Republic; her officers informed
the Commandant of that port of the bandit Wm. Walker, the Chief the filibusters,
having sailed from Mobile, with 500 men, for the coast of Mosquitia, from
whence he would penetrate into the interior of this Republic by the River Misco,
which takes its source in the jurisdiction of the Department of Chontales.
The designs of modern filibusterism upon all Central America, and especially
upon Nicaragua, being well known, my Government is taking the precautionary
measure requisite to prevent its gaining a footing here: but, as your Excellency
is aware, the mouth of the above mentioned river Misco is in the territory of
Mosquitia, over which the jurisdiction of the Executive Power does not for the
present extend; and as it is certain that your Excellency's illustrious Government
is disposed to destroy, by force of arms, any freebooting expedition which seeks to
carry out its designs of fire and pillage, by interrupting commercial relations, and
delaying, at the same time, the establishment of the transit route, his Excellency
the General President of the Republic, thinks it right to acquaint your Excel-
lency, through me, with the intelligence given by the officers of the above-
named frigate to the Commandant of the port of San Juan del Sur for his infor-
mation; and I have, &c.
(Signed) ROSALIO CORTEZ.
.
Inclosure 2 in No. 148.
.
Sir W. G. Ouseley to Señor Cortez.
Sir,
Leon, January 18, 1859.
IN reply to your Excellency's letter of the 14th instant, I have the honour
to state that reports had already reached me, by other channels, similar to those
brought by the officers of the United States' ship “ Saranac,” to which your
Excellency refers. I have already communicated their substance to Señor
Zeledon.
The Commanders of Her Majesty's naval forces have been instructed for
some time past to prevent the landing of Walker and his piratical followers, as
PATA
2 B
182
n
far south as Greytown,-in short, along the whole extent of the territory under
the protection of Great Britain, and, further, to aid the authorities of Central
America in effecting the expulsion of these lawless invaders from the territories
of Nicaragua and Costa Rica, should the co-operation of Her Majesty's forces
be required and requested for that purpose.
: I have to beg that my respectful thanks be conveyed to liis Excellency the
President for the information that he has caused to be communicated to me.
Your Excellency will further oblige me by mentioning that the object of your
Excellency's letter has been anticipated by the general orders already given, but
further, that I am about to communicate the latest intelligence to the Commanders
of Her Majesty's ships on the coasts of Nicaragua, so that measures may be
taken against the attempts of the filibusters.
I avail, &c.
(Signed) W. G. OUSELEY.
P.S.--I have to apologize for not having acknowledged the receipt of your
Excellency's letter of the 1st instant, inclosing a copy of the Decree authorizing
Don Pedro Zeledon to negotiate with me. At that time I was so ill as not to
be able to leave my room, and it subsequently escaped my memory
W. G. O.
.
Inclosure 3 in No. 148.
Sir W. G. Ouseley to Señor Zeledon.
Sir,
Leon, January 17, 1859.
WITH reference to our conversation yesterday, I now forward a summary
of the information that has reached me from different quarters as to the move-
ments of the filibusters.
I cannot vouch for the accuracy of these reports, but think that they ought
not be neglected. I take the liberty of suggesting that notice should be sent to
the Commandants of the various districts most likely to be the points of attack,
and that more especially the local authorities should be instructed, if any hostile
vessel or force be discovered in their neighbourhood, to forward without delay
expresses to the Government, stating all the facts; and that all arms and
munitions of war should be inspected and put in the best order, and placed in
the readiest posts or stations for the use of the regular troops or the militia.
I shall take every opportunity of making known to Her Majesty's forces on
both coasts of Nicaragua the reported hostile inovements of the enemies of
Central America.
; I have, &c.
(Signed) W. G. OUSELEY.
Inclosure 4 in No. 148.
Summary of Intelligence lately received from Enyland, the United States,
Greytown, &c., on Movements of Filibusters.
1
From the United States.-That Walker had left Mobile with from 200 to
300 men, intending to enter one of the rivers of Mosquitia (the Segovia or one
of its affluents), and thence invade Nicaragua.
From Greytown this is confirmed as to the sailing from Mobile, but saying
that his destination is Panamá.
From English Officers.-From Washington and New York it is said that
the Chiefs and others of the filibusters give out that they have an understanding
secretly with a political party in Nicaragua, and that they are in constant corre-
spondence with persons of this party, who invite their presence anıl wish to see
the Government of this country in their hands (probably these may be North
Americans or others formerly in relation with or employed by the filibusters).
In the opinion of persons likely to be well informed, the true attack is
intended to take place from one of the small ports of the Pacific, which would
bring them at once close to Chinandega, Leon, &c., and that the filibusters
183
TY
intend crossing the Isthmus by the Panamá railroad as passengers, meeting the
steamer “ Hermann," now expected from San Francisco with inunitions of war
and volunteers from California. This seems to be the most vulnerable point.
I should, therefore, think that no descent is really intended on the coast of
Mosquitia, whether by entering the Segovia river or any other, and that this
assertion is either entirely without foundation, and made public as a feint to draw
attention from the true point of attack, or that it will be made by a few men
only, so as to cause a division of the troops intended for defending the Pacific
coast-by this diversion leaving that coast unguarded against the real attacks of
the filibusters.
I hear that the steamer “ Fashion," formerly in the service of Walker, a
schooner called the “Sarah” (“Susan?''), and a barque called the “ Alice Painter,"
had all been engaged for or by Walker. The United States' Government had
assured Lord Napier that a clearance had been refused to the last-named vessel
(which is now confirmed by the local newspapers), “but that the filibusters, were
very pertinacious and determined,” as the Secretary of State informed Lord
Napier, “and would continue their attempts by other means.".
From Mobile it is reported that the Susan” sailed on or about the 5th of
December with 175 passenger einigrants, i.e., filibusters. The “ Susan” and
party are under the command of the so-called Colonel Anderson. It is said that
their rendezvous is somewhere on the cost of Florida. The “Fashion” is also
full of filibusters, and is to meet the steamer - Washington," and probably other
vessels. The “Washington” is the same steamer that was at Greytown lately.
The point of invasion is still said to be Greytown, or the River San Juan by the
Rio Colorado, Colonel Anderson is the same who surprised Castillo Viejo.
The steamer“ Fashion” had a large cargo of warlike stores, and her pas-
sengers were reported to the anthorities as proceeding to Texas.
Colonel Bruno von Netzoner, formerly at the head of Walker's Commis-
sariat, accompanies this expedition. Walker, it is supposed, will join it sepa-
rately, and perhaps Henningsen also.
Leon, January 17, 1859.
W. G. O.
Inclosure 5 in No. 148.
Señor Zeledon to Sir W. G. Ouseley.
Y
well,
Excelentisimo Señor,
Leon, Enero 19 de 1859.
HE tenido el honor de recibir la apreciable comunicacion de su Excelencia
de esta fecha y el sumario de noticias del movimiento de filibusteros que su
Excelencia se digna acompañarme, con el cual en esta misma fecha doy cuenta
al Supremo Gobierno, y estoy seguro que el apreciará debidamente los buenos
oficios de vuestra Excelencia y prestara la atencion que demandan las oportunas
insinuaciones que contienen.
Al manifestarlo a vuestra Excelencia tengo, &c.
(Firmado) PEDRO ZELEDON,
Translation.)
Most Excellent Sir,
Leon, January 19, 1859.
I HAVE had the honour of receiving your Excellency's esteemed commu-
nication of this day's date, and the summary of intelligence respecting the
movements of filibusters which your Excellency was good enough to forward
with it, and which I this day communicate to the Supreme Government, who
will appreciate duly the good offices of your Excellency, and will give to the
seasonable suggestions which your communications contain, the attention which
they deserve.
I have, &c.
(Signed) PEDRO ZELEDON,
184
No. 149.
Sir W. G. Ouseley to the Earl of Malmesbury.—(Received March 20.)
(Extract.)
Leon, January 29, 1859.
THE United States' officers declare their intention to act against Walker
and his confederates, and have lately made overtures to this Government, urging
it to ask the United States' Commodore to land marines, artillery, &c., for the
· purpose of defending Nicaragua against the filibusters.
The Government of Nicaragua look to and have formally requested the aid
of Her Majesty's forces against the threatened attacks. I have the honour to
transmit copy of a note to this effect from Señor Zeledon.
Inclosure in No. 149.
Señor Zeledon to Sir W. G. Ouseley
Leon, Enero 18 de 1859.
EL que suscribe, Ministro de Relaciones, &c., plenamente autorizado para
tratar con Sir William Quseley, &c., tiene el honor de dirigirse á su Excelencia
manifestandole que las noticias recibidas por diferentes conductos revelan una
nueva espedicion pirática de William Walker sobre las costas de Nicaragua, con
el intento de turbar la paz que esta República disfruta bajo una Administracion
Costitucional, y la seguridad en que procura convenir sus intereses con los de
todo el mundo civilizado.
La espedicion salida de Mobile, puerto de los Estados Unidos, y contra lo
que debiera esperarse de las prevencias ofrecidas por aquel Gobierno y las leyes
de neutralidad, pretestada bajo las apariencias de emigracion pacífica, y anun-
ciada sobre la costa del norte y puntos remotos de Choutales y Segovia, obliga
á sospechar que mas bien se dirija por Panamá al Pacífico, y que, con alguna
convinacion de auxilios de California, pueda de un dia á otro ententar un
desembarco en algun punto intermedio entre San Juan del Sur, Realejo, y Golfo
de Fonseca.
En tal concepto y el de la disposicion de Su Magestad Británica contra tales
tentativas á auxiliar á las fuerzas de Nicaragua, con las de Su Magestad Británica
que tiene en estas costas, el que suscribe tiene el honor de invocar é implorar de
su Excelencia el Señor Quseley la asistencia de la fuerzas navales de Su
Magestad Británica, y su co-operacion eficaz, á efecto de que las felices y
tranquilas disposiciones bajo las cuales la República de Nicaragua ha firmado
hoy un Tratado de Amistad, Comercio, Navegacion, y Proteccion con Su
Magestad Británica, no puedan ser turbadas por los aventureros y enemigos
comunes.
El Infrascrito, &c.
(Firmado) PEDRO ZELEDON.
.
7
L
(Translation.)
Leon, January 18, 1859.
THE Undersigned, Minister of Foreign Relations of the Supreme Govern-
ment of Nicaragua, fully authorized to treat with Sir William Ouseley, Her
Britannic Majesty's Minister Plenipotentiary, has the honour to acquaint his
Excellency that intelligence received from various quarters announces a new
piratical expedition of William Walker against the coasts of Nicaragua, with the
intention of disturbing the peace which the Republic enjoys under a Constitutional
Administration, and the tranquillity in which she is endeavouring to reconcile
her interests with those of the whole civilized world.
The expedition which has set out from Mobile, a port of the United States,
in spite of what one had a right to expect from the precautions taken by that
Government and the laws of neutrality, disguised under the appearance of a
peaceful emigration, and announced as intended] against the northern coast and
the remote points of Choutales and Segovia, obliges us to suspect that it would
be more probably directed against the Pacific by way of Panamá, and that, with
the reinforcement of auxiliaries from California, it may any day attempt a
landing on some intermediate point between San Juan del Sur, Realejo, and the
Gulf of Fonseca.
185
Such being the case, and considering the views taken by Her Britannic
Majesty against such expeditions, and her intention to assist the forces of
Nicaragua with those of Her Britannic Majesty which are upon these coasts, the
Undersigned has the honour to invoke and implore of his Excellency Sir William
Ouseley the assistance of Her Britanhic Majesty's naval forces, and their
efficacious co-operation, in order that the happy and tranquil circumstances
under which the Republic of Nicaragua has this day signed a Treaty of
Friendship, Commerce, Navigation, and Protection with Her Britannic Majesty,
may not be disturbed by common enemies and adventurers.
The Undersigned, &c.
(Signed) PEDRO ZELEDON.
No. 150.
Sir W. G. Ouseley to the Earl of Malmesbury.—(Received March 20.)
(Extract.)
Leon, January 22, 1859.
ON the day (January 1) that I sent my reply to Señor Zeledon, Minister
and Secretary of State for Foreign Relations, to his note on the Mosquito
question, I communicated to his Excellency a Draft of the proposed Treaty
l'elative to the Mosquito Indians, and verbally explained to his Excellency the
objects of Her Majesty's Government in making the concessions for which it
provides, and the friendly feelings that dictated them. At the same time I
cautioned him not to allow this Convention to retard the progress of the General
Treaty, as I had reason to believe that it might intentionally or otherwise produce
delay.
Not receiving any further communication respecting the proposed Conyen-
tion, of which I more than once reminded Señor Zeledon, I addressed the note
copy of which I have now the honour to forward, to the Nicaraguan Minister,
and have this day received the inclosed reply. .
I shall have the honour, on a future occasion, to recur to this subject. At
present the attention of this Government is absorbed by preparations for defence
against the filibusters, and with taking measures to secure the ratification by the
Assembly of the General Treaty of Friendship, Cornmerce, and Navigation with
Great Britain, signed on the 18th instant.
Inclosure 1 in No. 150.
Sir W. G. Ouseley to Señor Zeledon.
. Leon, January 18, 1859.
THE Undersigned &c., with reference to the Draft of a Treaty relative to
the Mosquito Indians, and to the rights and claims of British subjects, which he
had the honour some time ago to place in the hands of Don Pedro Zeledon, &c.,
for his Excellency's consideration, requests to be informed whether the terms
proposed in said Treaty are such as meet the views of the Government of
Nicaragua; and if Señor Zeledon is authorized to conclude and sign that Treaty,
the Undersigned, &c., will be happy to meet his Excellency at his earliest
convenience for that purpose.
The Undersigned, &c.
(Signed) W. G. OUSELEY.
Inclosure 2 in No. 150.
Señor Zeledon to Sir W. G. Ouseley.
Leon, Enero 22 de 1859.
EL İnfrascrito, Ministro de Relaciones Exteriores del Supremo Gobierno de
la República de Nicaragua, y comisionado con plenos proderes para tratar con
Sir William Gore Ouseley, Ministro Plenipotenciario de Su Magestad Británica
en especial Mision á Centro-America, tiene el honor de contestar á la apreciable
comunicacion de su Excelencia relativa al Tratado propuesto en orden á Indios
Mosquitos y reclamos de subditos Británicos que su Excelencia puso en manos
186
del que suscribe, informandole que el predicho proyecto de Tratado fué remitido
por el que suscribe al conocimiento del Supremo Gobierno, y este directamente
comunicará á su Excelencia sus intenciones de asentir á él, ó las proposiciones ó
modificaciones que resuelva para que su Excelencia, segun el caso, proceda'como
crea conveniente.
Tengo, &c.
(Firmado) PEDRO ZELEDON.
=
(Translation.)
Leon, January 22, 1859.
THE Undersigned, &c., has the honour to reply to your Excellency's
esteemed communication, relative to the Treaty proposed respecting the
Mosquito Indians and the claims of British subjects which your Excellency
put into the hands of the Undersigned, and to inform your Excellency that the
said Draft of Treaty was remitted by the Undersigned to the Supreme Govern-
ment, which will communicate directly to your Excellency its intention of
acceding to it, or else the propositions and modifications which it resolves upon,
so that your Excellency may proceed in the matter as you may think fit
according to circumstances.
The Undersigned, &c.
(Signed) PEDRO ZELEDON,
No. 151.
Sir W. G. Ouseley to the Earl of Malmesbury.--(Received March 20.)
My Lord,
Leon, January 26, 1859.
I HAVE the honour to forward to your Lordship the Treaty of Friendship,
Commerce, and Navigation, between Her Majesty and the Supreme Government
of Nicaragua, signed by the Nicaraguan Minister and myself on the 18th
instant.
The Nicaraguan counterpart of the Treaty is now before the Assembly
awaiting ratification, according to the forms required by the Constitution of this
country.
I have, &c.
(Signed) W. G. OUSELEY.
· No. 152.
Sir W. G. Ouseley to the Earl of Malmesbury.---(Received March 20.)
(Extract.)
Leon, February 1, 1859.
I HAVE now the honour to transmit to your Lordship a Draft of the Treaty
as originally printed, with the modifications, alterations, and additions that have
been mutually agreed upon by the Nicaraguan Minister and myself. Some
explanatory remarks are subjoined.
Inclosure 1 in No. 152.
Draft Treaty of Friendship, Commerce, and Navigation, between Her Majesty and
the Republic of Nicaragua, with the Modifications agreed upon by the Govern-
ment of Nicaragua and Sir W. G. Ouseley.
Note.—The modifications or alterations are printed in Italic, except where they are extensive,
in which case the original and modified Articles are printed in parallel colurnns.] .
HER Majesty the Queen of the United Kingdom of Great Britain and
Ireland, and the Republic of Nicaragua, being desirous to maintain and improve
the relations of good understanding which happily subsist between them, and to
promote the commercial intercourse between their respective subjects and citizens,
have deemed it expedient to conclude a Treaty of Friendship, Commerce, and
Navigation, and have for that purpose named as their respective Plenipotentiaries,
that is to say ;
YYY
187
found in good and
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Sir William Gore Ouseley, Knight Commander of the Most Honourable
Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister
Plenipotentiary on a special mission to the Republics of Central America;
And His Excellency the President of the Republic of Nicaragua, Don Pedro
Zeledon, Secretary of State in the Department of Foreign Relations ;
Who, after having communicated to each other their respective full powers,
good and due form, have agreed upon and concluded the following
Articles :-
ARTICLE I (no alteration)
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland recognises (1) the sovereignty and independence of the Republic of
Nicaragua. Consequently, there shall be a perfect, firm, and inviolable peace
and sincere friendship between Her Britannic Majesty and the Republic of
Nicaragua, in all the extent of their possessions and territories, and between
their subjects and citizens, respectively, without distinction of persons or places.
ARTICLE II (no alteration).
The two High Contracting Parties being desirous of placing the commerce
and navigation of their respective countries on the liberal basis of perfect equality
and reciprocity, mutually agree that the citizens of each may frequent all the
coasts and countries of the other, and reside therein, and shall have the power
to purchase and hold all kinds of property which the laws of the country may
permit any foreigners, of whatever nation, to hold, and to engage in all kinds
of trade, manufactures, and mining, (º) upon the same terms with native subjects
or citizens. They shall enjoy all the privileges and concessions in these matters
which are or may be made to the subjects or citizens of any country; and shall
enjoy all the rights, privileges, and exemptions, in navigation, commerce, and
manufactures, which native subjects or citizens do or shall enjoy, submitting
themselves to the laws there established, to which native subjects or citizens are
subjected.
The ships of war and post-office packets of each Contracting Party respectively,
shall have liberty to enter into all harbours, rivers, and places within the terri-
tories of the other, to which the ships of war and packets of other nations are or
may be permitted to come ; to anchor there, and to remain and refit; subject
always to the laws of the two countries respectively. .
The High Contracting Parties further engage that neither will grant any
favour to any other nation, in respect of commerce and navigation, which shall
not immediately become common to the other Contracting Party.
ARTICLE III (no alteration).
The High Contracting Parties agree that, in regard to the coasting trade,
the ships, subjects, and citizens of each shall enjoy, in the dominions and terri-
tories of the other, the same privileges, and shall be treated in all respects in the
same manner, as national vessels, and as native subjects and citizens.
ARTICLE IV (no alteration).
The Contracting Parties likewise agree, that whatever kind of produce,
manufacture, or merchandize can be, from time to time, lawfully imported into
the British dominions in British vessels, may also be imported in vessels of the
Republic of Nicaragua ; and that no higher or other duties upon the vessel or
upon her cargo shall be levied and collected, whether the importation be made in
vessels of the one country or of the other; and in like manner, that whatever
kind of produce, manufacture, or merchandize can be from time to time lawfully
imported into the Republic of Nicaragua in its own vessels, may be also imported
in British vessels; and that no higher or other duties upon the vessel or upon
her cargo shall be levied or collected, whether the importation be made in vessels
of the one country or of the other.
In this Article the Nicaraguan Minister wished to introduce after the word “recognise,”
the words “and engages to protect."
The Nicaraguan Minister wished to expunge the word “mining."
188
And they further agree, that whatever may be lawfully exported or
re-exported from the one country in its own vessels to any foreign country,
may in like manner be exported or re-exported in the vessels of the other
country; and that the same bounties, duties, and drawbacks shall be allowed
and collected, whether such exportation or re-exportation be made in British
vessels, or in vessels of the Republic of Nicaragua.
ARTICLE V.
No higher or other duties shall be imposed on the importation into the
British dominions of any article the growth, produce, or manufacture of the
Republic of Nicaragua, and no higher or other duties shall be imposed on the
importation into the Republic of Nicaragua of any article the growth, produce,
or manufacture of the British dominions, than are or shall be payable on the
like article being the produce or manufacture of any other foreign country. Nor
shall any higher or other duties or charges be imposed, in either of the two
countries, on the exportation of any article to the territories of the other, than
such as are payable on the exportation of the () same or like article to any other
foreign country.
No prohibition shall be imposed upon the importation of any article the
growth, produce, or manufacture of the territories of either of the two Contract-
ing Parties into the territories of the other, which shall not equally extend to
the importation of the like article being the growth, produce, or manufacture of
any other country: nor shall any prohibition be imposed on the exportation of
any article from the territories of either of the two Contracting Parties to the
territories of the other, which shall not equally extend to the exportation of the
like article to the territories of all other nations.
ARTICLE VI (no alteration).
No duties of tonnage, harbour, pilotage, lighthouse, quarantine, or other
similar or corresponding duties, of whatever nature or under whatever denomi-
nation, levied in the name or for the profit of the Government, public function-
aries, corporations, or establishments of whatever kind, shall be imposed in the
ports of either country upon the vessels of the other country, which shall not be
equally imposed in the like cases on national vessels.
ARTICLE VII (no alteration).
In order to prevent the possibility of any misunderstanding, it is hereby
declared that the stipulations contained in the preceding Articles are, to their full
extent, applicable to British vessels and their cargoes arriving in the ports of
Nicaragua, and reciprocally to the vessels of the said Republic and their cargoes
arriving in British ports, whether they proceed from the ports of the country to
which they respectively belong, or from the ports of any other foreign country;
and, in either case, no discriminating duty shall be imposed or collected in the
ports of either country on the said vessels or upon their cargoes, whether such
cargoes shall consist of native or of foreign produce or manufacture.
ARTICLE VIII (no alteration).
All vessels which, according to the laws of Great Britain, are to be deemed
British vessels, and all vessels which, according to the laws of the Republic of
Nicaragua, are to be deemed vessels of that Republic, shall for the purposes of
this Treaty be deemed British vessels and vessels of Nicaragua respectively.
ARTICLE IX (no alteration).
It is likewise agreed, that it shall be wholly free for all merchants, com-
manders of ships, and other subjects or citizens of both countries, to manage,
hy theniselves or agents, their own business in all the ports and places subject
tij the jurisdiction of each other, as well with respect to the consignments and
sale of their goods and merchandize, by wholesale or retail, as with respect to
the loading, unloading and sending off their ships; they being, in all these cases,
* Inserted for the sake of greater precision in Spanish.
189
to be treated as subjects or citizens of the country in which they reside or are
conducting their business, and to be subject to the laws of that country.
n
ARTICLE X (no alteration).
Whenever the citizens of either of the Contracting Parties shall be forced
to seek refuge or asylum in the rivers, bays, ports, or dominions of the other,
with their vessels, whether merchant or of war, public or private, through stress
of weather, pursuit of pirates or enemies, or want of provisions or water, they
shall be received and treated with humanity, and all favour and protection shall
be given to them for repairing their ships, procuring provisions, and placing
themselves in a situation to continue their voyage without obstacle or hindrance
of any kind.
ARTICLE XI.
If any ship of war or merchant-vessel of either of the High Contracting
Parties should be wrecked on the coasts of the other, such ship or vessel, or any
parts thereof, and all furniture and appurtenances belonging thereunto, and all
goods and merchandize which shall be saved therefrom, or the produce thereof,
if sold, shall be faithfully restored to the owners, upon being claimed by them or
by their duly-authorized agents; and if there are no such owners or agents on
the spot, then the said ships or parts of ships, furniture, appurtenances, goods,
and merchandize, or the proceeds thereof, if sold, as well as all the papers found
on board such wrecked ship or vessel, shall be delivered to the British Consul or
Vice-Consul, or to the Consul or Vice-Consul of the Republic of Nicaragua in
whose district the wreck may have taken place, upon his being claimed by him,
() on his giving a receipt or acknowledgment for the same ; and upon payment by
such Consul, Vice-Consul, owners, or agents, of only the expenses incurred in
the preservation of the property, and of the salvage or other expenses which
would have been payable in the like case of a wreck of a national vessel. The
charge for such salvage or other expenses shall be made and settled imme-
diately, subject to such right of appeal on the part of the person paying the same
as may exist in the respective countries. The goods and merchandize saved
from the wreck shall not be subject to duties, unless cleared for consumption ;
in which case they shall be liable only to the same duties as if they had been
inported in a national vessel.
ARTICLE XII (no alteration).
The subjects and citizens of either of the two Contracting Parties in the
territories of the other shall be at full liberty to acquire, possess, and dispose of,
whether by purchase, sale, donation, exchange, marriage, testament, succession
ab intestato, or in any other manner whatever, every description of property
which the laws of the country may permit any foreigners, of whatsoever nation,
to hold. Their heirs and representatives may succeed to and take possession of
such property, either in person or by agents acting on their behalf, in the ordinary
form of law, in the same manner as subjects or citizens of the country ; and in
the absence of such heirs and representatives, the property shall be treated in the
same manner as the like property belonging to a subject or citizen of the country
under similar circumstances.
In none of these respects shall they pay upon the value of such property
any other or higher impost, duty, or charge, than is payable by subjects or citizens
of the country. In every case, the subjects and citizens of the Contracting
Parties shall be permitted to export their property, or the proceeds thereof;
British subjects from the territory of Nicaragua, and Nicaraguan citizens from
the British territory, freely, and without being subjected on such exportation to
pay any duty as foreigners, and without having to pay any other or higher duties
than those to which subjects or citizens of the country are liable.
ARTICLE XIII (no alteration).
Both Contracting Parties promise and engage formally to give their special
protection to the persons and property of the subjects or citizens of each other,
1 Proposed by the Nicaraguan Minister, and admitted as not objectionable. .
2 C
190
of all occupations, who may be in the territories subject to the jurisdiction of
one or the other, transient or dwelling therein, leaving open and free to them
the tribunals of justice, for their judicial recourse, on the same terms which are
usual and customary with the native subjects or citizens of the country; for
which purpose they may either appear in proper person, or employ, in the
prosecution or defence of their rights, such advocates, solicitors, notaries, agents,
and factors as they may judge proper, in all their trials at law; and such citizens
or agents shall have free opportunity to be present at the decisions or sentences
of the tribunals in all cases which may concern them, and shall enjoy in such
cases all the rights and privileges accorded to native subjects or citizens.
ARTICLE XIV.
Original Draft.
.
As modified..
In the event of any subject or citizen In the event of any subject or citizen
of either of the two Contracting Parties of either of the two Contracting Parties
dying without will or testament in the dying without will or testament in the
dominions or territories of the other dominions or territories of the other
Contracting Party, or in the absence Contracting Party, or in the absence
of lawful heirs or representatives, the of lawful heirs or representatives, the
Consul-General, Consul, or Acting Consul-General, Consul, or Acting
Consul of the nation to which the Consul of the nation to which the de-
deceased may belong, shall, O so far as ceased may belong, shall have the right,
the laws of each country will permit, after a dulymadeand attestedinventory
have the right to take possession and has been signed by him, to take posses-
charge of the property which the de- sion and charge of the property which
ceased may have left, for the benefit of the deceased may have left, for the
his lawful heirs and creditors, giving benefit of his lawful heirs and creditors,
immediate notice of the death to the giving immediate notice of the death
authorities of the country.
to the authorities of the country.
ARTICLE XV (no alteration).
The subjects of Her Britannic Majesty residing in the Republic of Nica-
ragua, and the citizens of the Republic of Nicaragua residing in the dominions of
Her Britannic Majesty, shall be exempted from all compulsory military service
whatsoever, whether by sea or land, and from all forced loans, or military exac-
tions or requisitions ; and they shall not be compelled, under any pretext what-
soever, to pay any ordinary or extraordinary charges, requisitions, or taxes,
other or higher than those that are or may be paid by native subjects or
citizens.
ARTICLE XVI.
It is agreed and covenanted that neither of the High Contracting Parties
shall knowingly receive into, or retain in, its service, any subjects or citizens of
the other party who have deserted from the naval or military service of that
other Party ; but that, on the contrary, each of the Contracting Parties shall
respectively discharge from its service any such deserters, upon being required
by the other Party so to do.
And it is further agreed, that if any of the crew of any merchant-vessel of
either Contracting Party shall desert from such vessel within any port in the
territory of the other Party, the authorities of such port and territory shall be
bound to give every assistance in their power for the apprehension of such
deserters, on application to that effect being made by the Consul of the Party
concerned, or by the deputy or representative of the Consul: and any person
) knowingly protecting or harbouring such deserters shall be liable to punish-
ment.
TY
C
The words “so far as the laws of each country will permit," often defeat in Spanish and
South American countries the whole intention of such an Article as this. For instance, I have
known in Brazil cases of the widow and family of an opulent foreigner being reduced to absolute want,
the whole property being, according to the lex loci, placed in the hands of the “ Juiz de Orfãos," or
Judge of Orphans, and entirely absorbed by the successive legal processes, delays, and expenses. A
Nicaraguan is not likely to suffer in England in this way.
2 Admitted, as an additional security for fair dealing.
3 This insertion appeared not unreasonable.
191
ARTICLE XVII.
British subjects residing in the territories of the Republic of Nicaragua shall
enjoy the most perfect and entire liberty of conscience, without being annoyed,
molested, or disturbed on account of their religious belief. Neither shall they
be annoyed, molested, or disturbed in the proper exercise of their religion, in
private houses, or in the chapels or places of worship appointed for that purpose,
provided that in so doing they observe the decorum due to Divine worship, and
the respect due to the laws of the country. Liberty shall also be granted to bury
British subjects who may die in the territories of the Republic of Nicaragua, in
convenient and adequate places, to be appointed and established by theinselves
for that purpose, with the knowledge of the local authorities, or in such other
places of sepulture as may be chosen by the friends of the deceased ; nor shall .
the funerals or sepulchres of the dead be disturbed in any wise or upon any
account.
In like manner, the citizens of Nicaragua shall enjoy within the dominions
of Her Britannic Majesty a perfect and unrestrained liberty of conscience, and of
exercising their religion () within private houses (instead of " publicly or privately
within their own dwelling houses”], or in the chapels or places of worship
appointed for that purpose, agreeably to the laws of those dominions.
· ARTICLE XVIII (no alteration).
For the better security of commerce between the subjects and citizens of
the two High Contracting Parties, it is agreed that if at any time any rupture, or
any interruption of friendly intercourse, should unfortunately take place between
the two Contracting Parties, the subjects or citizens of either of them, established
in the territories of the other, who may reside upon the coasts, shall be allowed
six months, and those who may reside in the interior a whole year, to wind up
their accounts and to dispose of their property; and a safe-conduct shall be
given to them to embark at the port which they themselves shall select. The
subjects or citizens of either of the two Contracting Parties who may be estab-
lished in the dominions or territories of the other, in the exercise of any trade or
other occupation or employment, shall be allowed to remain and continue in the
exercise of the said trade or occupation, notwithstanding the interruption of
friendship between the two countries, in the free enjoyment of their personal
liberty and property, so long as they behave peaceably and observe the laws;
and their goods and effects, of whatever description they may be, whether in
their own custody or entrusted to individuals or to the State, shall not be liable
to seizure or sequestration, or to any other charges or demands than those which
may be made upon the like effects or property belonging to native subjects or
citizens. In the same case, debts between individuals, public funds, and the
shares of Companies, shall never be confiscated, sequestered, or detained..
G
ARTICLE XIX (no alteration).
It shall be free for each of the two Contracting Parties to appoint Consuls
for the protection of trade, to reside in the dominions and territories of the other
Party ; but before any Consul shall act as such, he shall, in the usual form, be
approved and admitted by the Government to which he is sent; and either of
the Contracting Parties may except from the residence of Consuls such particular
places as either of them may judge fit to be excepted.
The Diplomatic Agents and Consuls of each of the two High Contracting
Parties in the dominions or territories of the other, shall enjoy whatever privi-
leges, exemptions, and immunities are or shall be granted there to Agents of the
same rank belonging to the most favoured nation.
ARTICLE XX.
Original Draft.
As modified.
The Republic of Nicaragua hereby The Republic of Nicaragua hereby
grants to Great Britain, and to British grants to Great Britain, and to British
subjects and property, the right of subjects and property, the right of
transit between the Atlantic and Pacific transit between the Atlantic and Pacific
1 The Nicaraguan Minister wished both clauses to be alike, as applied to British subjects or
Nicaraguan citizens.
2 C 2
1.92
Original Draft.
As modified.
Oceans, through the territories of that Oceans, through the territories of that
Republic, on any route of communica- Republic, on any route of communica-
tion, natural or artifical, whether by tion, natural or artificial, whether by land
land or water, which may now or here- or water, which may now or hereafter
after exist or be constructed under the exist or be constructed under the autho-
authority of Nicaragua, to be used and rity of Nicaragua, to be used and enjoyed
enjoyed in the same manner and upon in the same manner and upon equal
equal terms by both parties, and their terms both parties, and their respective
respective subjects and citizens; the subjects and citizens; the Republic of
Republic of Nicaragua, however resery- Nicaragua, however, reserving its full
ing its right of sovereignty over the and complete right of sovereignty over
same : and, generally, the Republic of the same: and, generally, the Republic
Nicaragua engages to grant to Great of Nicaragua engages to grant to Great
Britain and to British subjects the Britain and to British subjects the
same rights and privileges, in all same rights and privileges, in all
respects, in regard to the transit and respects, in regard to the transit and
the rates of transit which are or may the rates of transit, and also as regards
be granted to, or allowed to be enjoyed all other rights, privileges or advantages
by, the most favoured nation.
whatsoever, whether relating to the
passage or employment of troops or
otherwise, which are now or may here-
after be granted to, or allowed to be
enjoyed by, the most favoured nation.
200
ARTICLE XXI.
Her Majesty the Queen of the Her Majesty the Queen of the
United Kingdom of Great Britain and United Kingdom of Great Britain and
Ireland hereby agrees to extend her Ireland hereby agrees to extend her
protection to all such routes of commu- protection to all such routes of commu-
nication as aforesaid, and to guarantee nication as aforesaid, and to guarantee
the neutrality of the same. Her the neutrality ( ) and innocent use of the
Britannic Majesty also agrees to same. Her Britannic Majesty also
employ her influence with other nations agrees to employ her infuence with
to induce them to guarantee such other nations to induce them to
neutrality and protection.
guarantee such neutrality and protec-
And the Republic of Nicaragua, on tion.
its part, undertakes to establish two And the Republic of Nicaragua, on
free ports, one at each of the extre- its part, undertakes to establish (one
mities of the communication aforesaid, free port at each extremity of one of
on the Atlantic and Pacific Oceans. the aforesaid routes of conmunication
At these ports, no tonnage or other between the Atlantic and Pacific Oceans.
duties shall be imposed or levied by At these ports, no tonnage or other
the Government of Nicaragua on the duties shall be imposed or levied by
vessels of Great Britain, or on any the Government of Nicaragua on the
effects or merchandize belonging to vessels of Great Britain, or on any
subjects of Great Britain, or of any effects or merchandize belonging to
other country, intended bona fide for subjects of Great Britain, or of any
transit across the said route of com- other country, intended bona fide for
munication, and not for consumption transit across the said route of commu-
within the Republic of Nicaragua. nication, and not for consumption
Her Britannic Majesty shall also be within the Republic of Nicaragua,
at liberty to carry troops and munitions ☺ unless the two Governments should
of war, in her own vessels or otherwise, hereafter agree to fix a payment for the
to either of the said free ports, and same. Her Britannic Majesty shall
shall be entitled to their conveyance also be at liberty, (*) on giving notice to
between them, without obstruction by the Government or authorities of Nica-
effects of Great Britaiaragua on the
The innocent use” is usually conceded, but no more, in Treaty stipulations of this nature.
% This wording was proposed by the Nicaraguan Minister in order to prevent a demand for as
many free ports as transit routes, present or future.
*3 Does not commit Her Majesty's Government, and allows an opening for a possible and not
unfair source of revenue hereafter.
This is more for reaction on the United States' Treaty than for its application to Great
Britain.
* 193
Original Draft.
• As modified.
the authorities of Nicaragua, and with ragua, to carry troops, () provided they
out any charges or tolls whatever for are destined for a British Possession,
their transportation, on any of the said or place beyond sea, or are not intended
routes of communication. And no to be employed against Central American
higher or other charges or tolls shall nations friendly to Nicaragua, and
be imposed on the conveyance or munitions of war, (º) and also to convey
transit of the persons and property of criminals, prisoners, and convicts, and
subjects of Great Britain, or of the their escorts in her own vessels or
subjects or citizens of any other otherwise, to either of the said free
country, across the said routes of ports, and shall be entitled to their
communication, than are or may be conveyance between them, without
imposed on the persons or property of obstruction by the authorities of Nica-
citizens of Nicaragua,
ragua, and without any charges or tolls
And the Republic of Nicaragua whatever for their transportation, on
recognizes the right of the Postmaster- any of the said routes of communica-
General of Great Britain to enter into tion. And no higher or other charges
contracts with any individuals or Com- or tolls shall be imposed on the con-
panies to transport the mails of Great veyance or transit of the persons and
Britain along the said routes of com- property of subjects of Great Britain,
munication, or along any other routes or of the subjects or citizens of any
across the Isthmus, in closed bags, the other country, across the said routes of
contents of which may not be intended communication, than are or may be
for distribution within the said Republic, imposed on the persons or property of
free from the imposition of all taxes or citizens of Nicaragua
duties by the Government of Nica. And the Republic of Nicaragua
ragua; but this liberty is not to be º concedes the right of the Postmaster-
construed so as to permit such indi. General of Great Britain to enter into
viduals or Companies, by virtue of this contracts with any individuals or Com-
right to transport the mails, to carry panies to transport the mails of Great
also passengers or freight, except any Britain along the said routes of com-
messenger deputed by the British Post- munication, or along any other routes
office in charge of mails.
across the Isthmus, in closed bags, the
contents of which may not be intended
for distribution within the said Republic,
free from the imposition of all taxes or
duties by the Government of Nica-
ragua ; but this liberty is not to be
construed so as to permit such indi-
viduals or Companies, by virtue of this
right to transport the mails, to carry
also passengers or freight, except any
messenger deputed by the British Post-
office in charge of mails.
ARTICLE XXII.
The Republic of Nicaragua agrees The Republic of Nicaragua agrees
that, should it become necessary at that, should it become necessary at any
any time to employ military forces for time to employ military forces for the
the security and protection of persons security and protection of persons and
and property passing over any of the property passing over any of the routes
routes aforesaid, it will employ the aforesaid, it will: employ the requisite
'requisite force for that purpose ; but force for that purpose; but' upon
upon failure to do this for any cause failure to do this for any cause what-
whatever, Her Britannic Majesty may, ever, Her Britannic Majesty may, (1) with
after notice to the Government of the consent or at the request of the
Nicaragua, or to the Minister thereof Government of Nicaragua, or of the
1 Important to England under present circumstances, and likely to become still more so.
2 Although this is generally conceded by friendly nations, it cannot be claimed unless in virtue
of a Treaty stipulation.
3 A concession to national amour-propre.
4 The employment of force only at îhe request of the Government, or Minister at London or Paris,
would have had the practical effect of preventing it in most cases altogether, from distance and
difficulty of communication.
...,194
DI
12
Original Draft.
As modified.
at London or Paris, employ such force Minister thereof at London or Paris,
for this and for no other purpose ; and or of the competent legally appointed
when the necessity ceases, such force local authorities, civil or military,
shall be immediately withdrawn. employ such force for this and for
no other purpose; and when, in the
opinion of the Nicaraguan Government,
the necessity ceases, such force shall
be immediately withdrawn.
O In the exceptional case, however, of
unforeseen or imminent danger to the
lives or properties of British subjects,
Her Majesty's forces are authorized to
act for their protection without such
previous consent having been obtained.
(°) Her Britannic Majesty will forbid
and prevent the formation of armed
expeditions in her dominions, whether
for the invasion of Nicaragua or with
the intention or under the pretext of
aiding any of the political parties or
bodies that may exist in that country.
the intent101 f the politicat country.
ARTICLE XXIII (no alteration).
It is understood, however, that Her Britannic Majesty, in according
protection to such routes of communication, and guaranteeing their neutrality
and security, always intends that the protection and guarantee are granted
conditionally, and may be withdrawn if Her Britannic Majesty should deem that
the persons or Company undertaking or managing the same, adopt or establish
such regulations concerning the traffic thereupon as are contrary to the spirit
and intention of this Treaty, either by making unfair discriminations in favour
of the commerce of any other nation or nations, or by imposing oppressive
exactions or unreasonable tolls upon mails, passengers, vessels, goods, wares,
merchandize, or other articles. The aforesaid protection and guarantee shall
not, however, be withdrawn by Her Britannic Majesty without first giving six
months' notice to the Republic of Nicaragua.
ARTICLE XXIV (no alteration).
And it is further understood and agreed that, in any grant or contract
which may hereafter be made or entered into by the Government of Nicaragua,
having reference to the interoceanic routes above referred to, or any of them,
the rights and privileges granted by this Convention to Her Britannic Majesty
and to British subjects shall be fully protected and reserved ; and if any such
grant or contract now exist of a valid character, it is further understood that the
guarantee and protection of Her Britannic Majesty stipulated in Article XXI of
this Treaty shall be held inoperative and void, until the holders of such grant
or contract shall recognize the concessions made in this Treaty to Her Britannic
Majesty and to British subjects with respect to such interoceanic routes, or any
of them, and shall agree to observe, and be governed by, those concessions as
fully as if they had been embraced in their original grant or contract; after
which recognition and agreement, the said guarantee and protection shall be in
full force: provided that nothing herein contained shall be construed either to
affirm or deny the validity of any of the said contracts.
ARTICLE XXV (no alteration).
After ten years from the completion of a canal, railroad, or any other route
of communication, through the territory of Nicaragua, from the Atlantic to the
Pacific Ocean, no Company which may have constructed or be in possession of
the same shall ever divide, directly or indirectly, by the issue of new stock, the
• This is an important modification, and might be of great use in certain not improbable cases.
2 The additional paragraph is directed towards the United States' negotiators. They cannot
refuse it, if accepted by us, without giving occasion for suspicion of their fair dealing.
195
•
payment of dividends, or otherwise, more than fifteen per cent. per annum, or at
that rate, to its stockholders, from tolls collected thereupon; but whenever the
tolls shall be found to yield a larger profit than this, they shall be reduced to
the standard of fifteen per cent. per annum.
ARTICLE XXVI (no alteration).
It is understood that nothing contained in this Treaty shall be construed to
affect the claim of the Government and citizens of the Republic of Costa Rica
to a free passage, by the San Juan river, for their persons and property, to and
from the ocean.
ARTICLE XXVII.
The present Treaty shall remain in force for the term of twenty (in the
original Draft “ seven'] years from the day of the exchange of ratifications; and
if neither Party shall notify to the other its intention of terminating the same,
twelve months before the expiration of the twenty [in original Draft “seven”]
years stipulated above, the said Treaty shall continue binding on both parties
beyond the said twenty (in original Draft “ seven”) years, until twelve months
from the time that one of the Parties may notify to the other its intention of
terminating it.
ARTICLE XXVIII.
The present Treaty of Friendship, Commerce, and Navigation, shall be
ratified, and the ratifications shall be exchanged at London as soon as possible
within six months from this date.
In witness whereof the respective Plenipotentiaries have signed the same,
and have affixed thereto their respective seals. .
Done at Leon this eighteenth day of January, in the year of our Lord one
thousand eight hundred and fifty-nine.
(L.S.)
W. G. OUSELEY.
(L.S.) PEDRO ZELEDON.
No. 153.
Sir,
The Earl of Malmesbury to Sir W. G. Ouseley. ..
Foreign Office, March 16, 1859.
AS soon as you shall have concluded the various Treaties which you have
been instructed to negotiate with the Governments of Nicaragua and Costa Rica
you may return to this country, and bring the Treaties with you. Those
Treaties, if approved by Her Majesty, will be ratified simultaneously; but the
Treaties containing the guarantee of the neutrality of the interoceanic com-
munication will not be ratified without the others, respecting Mosquito.
I am, &c.
(Signed) MALMESBURY.
No. 154.
The Earl of Malmesbury to Sir W. G. Ouseley.
(Extract.)
Foreign Office, March 23, 1859.
I RECEIVED on the 20th instant your despatch of the 26th January
last, inclosing the Treaty of Friendship, Commerce, and Navigation, comprising
Articles respecting the interoceanic transit which you had signed on the 18th of
that month with the Plenipotentiary of the Republic of Nicaragua. At the
same time I also received your despatch of the 1st ultimo, inclosing one
of the printed copies of the Draft of Treaty furnished to you from this office in
August last, with the modifications which you have admitted in the signed
Treaty marked in red ink.
Those modifications having been examined with due attention, it now
.
At the particular request of Señor Zeledon.
• 1901
becomes my duty to communicate to you the opinion of Her Majesty's Govern- ·
ment with respect to them.
Article V. The insertion of the words " same or” seems to be immaterial
in itself; but I am at a loss to tell why it should have been made in one place
only, and not also in the three other corresponding phrases in the Article.
Article XI. There is no objection to the words inserted.
Article XIV. It is not possible for us to assent to the alteration which you
made in this Article. As the Article stood in the Draft, it provided that in the
event of the death of a subject or citizen of either Contracting Party in the
territories of the other without his having left a will, or in the case of the absence
of his heirs or representatives, the Consul of his nation should, “ so far as the
laws of the country will permit,”? have the right to take possession of the property
of the deceased for the benefit of his heirs and creditors. You have struck out
the words quoted, because, as you state, in Spanish and South American
countries they would often defeat the whole intention of the Article, and you
have yourself known instances to occur in Brazil where this has been the case.
Her Majesty's Government are well aware of this difficulty; but, nevertheless,
the words in question are indispensable, because the law of Great Britain does
not permit the Consul of a foreign Power to interfere in the manner supposed.
In many foreign countries, however, the case is different, and Consuls are, either
by law or by custom, permitted to take charge of the property of any of their
countrymen who may die intestate, or whose legal representatives may not be
on the spot. The Article, in the equal form of words used in the Draft, secures
to us this advantage without binding us to an exact reciprocation, and at the
same time without wounding the susceptibility of the other Party. If, on the
other hand, the law of the other Party will not give the facilities in question we
cannot justly complain, because we cannot do so ourselves, and at all events we
cannot pledge ourselves to a reciprocation which the law will not enable us to
perform. . It is, indeed, possible that no instance may for many years occur of a
Nicaraguan dying in this country under the circumstances supposed, and so that
no inconvenience might arise from the stipulation so far as Nicaragua is
concerned; but it would be likely to cause embarrassment with regard to other
Powers, who would not understand why we should refuse to them a privilege
which we had conceded to Nicaragua. The Article must, therefore, stand as
originally framed, unless you can induce the Nicaraguan Government to agree
to an Article in the form of that of which I inclose a Draft, conceding the
privilege in question to British subjects in Nicaragua, and stipulating in return
that the property of a Nicaraguan citizen dying in England without a will, or
without leaving representatives on the spot, shall be dealt with in the same
manner as the property of a British subject, or of the subject or citizen of the
most favoured nation under the like circumstances.
Article XVI. There is no objection to the insertion of the word "know-
ingly.”
my
Article XVII. Nor to the alteration in the last paragraph of this Article.
I now come to the Articles which relate to the interoceanic communication ;
and although I do not feel called upon to reject all the alterations which
you have admitted, I cannot but wish that as my despatch of the 10th of
November last reached you before the Treaty was actually signed, you had
insisted upon Article XXII, which stipulates for the right of employing military
force for the security of persons and property crossing the Isthmus, being
retained in the form in which it stood in the printed Draft. The re-copying the
Treaty for signature was a matter of no consideration, and the Nicaraguan
Government and Legislature might very well have reconsidered the subject on
the grounds urged in my despatch.
Article XX. The alterations in this Articles, which are for the most part
rendered necessary by those admitted in Article XXII, may stand.
Article XX. I will take the alterations in the order in which they are
numbered in the printed Draft inclosed in your despatch of the 1st ultimo :-
1. Her Majesty's Government cannot consent to extend the scope of their
guarantee by including in it the “innocent use, as well as the neutrality, of the
interoceanic communication.
2. This alteration cannot be admitted. There is no probability of a second
transit route being established across the territory of Nicaragua for many years
to come, if within the period of fixed duration of the Treaty; and if a second
197
route were to be opened, it would be for the interest of Nicaragua herself that
the ports at each end of it should be free ports, so as to encourage the transit
traffic. At all events, Her Majesty's Government see no necessity for raising
this question in the Treaty. Taken in connection with what follows, the
proposed alteration would moreover concede to Nicaragua the right to levy
transit-dues on goods passing by any other route than the one with free ports at
its extremities, and to this Her Majesty's Government could never consent.
3. Neither can this alteration be assented to. In the first place, it is
unnecessary and useless: because the stipulations of the Treaty would not
prevent the two Governments from altering or modifying them hereafter by
mutual consent; and, secondly, it is objectionable, because, coupled with the
preceding alteration, it shows a disposition on the part of Nicaragua to establish,
if possible, a system of transit-duties on the Isthmus.
4, 5, 6, 7. To these there is no objection.
Article XXII. We will admit the alterations numbered 1 and 2.
No. 3 cannot be assented to. It is, in the opinion of Her Majesty's
Government, both unnecessary and undignified. We have laws to prevent the
formation of armed expeditions in the British dominions, and we cannot admit
that we fear any such step on the part of Nicaragua. I am at a loss to know
how you could have assented to so important a clause, considering that my
despatch No. 26 of the 9th of August last expressly precluded you from making
any alterations in the Draft with which you were furnished, unless of a mere
formal and immaterial character.
Article XXVII. There is no objection to the duration of the Treaty being
fixed at twenty years.
Her Majesty's Government much regret that, as so many alterations to
which they cannot assent have been made in the Draft proposed by them, they
are unable to advise Her Majesty to ratify the Treaty in the terms in which it
was signed. I transmit to you a printed Draft, in which I have caused to be
inserted such of the alterations as Her Majesty's Government are willing to
admit; and you will propose to the Nicaraguan Government to sign the Treaty
anew in these terms.
I have only to add, that Her Majesty's Government entirely approve of
your having refused to assent to the proposal of the Nicaraguan Minister to
insert in Article I an engagement on the part of Great Britain to protect the
sovereignty and independence of the Republic of Nicaragua; and also of your
having declined to allow the word “ mining" in Article II to be expunged.
2
Inclosure 1 in No. 154.
.
Draft of Article XIV in Treaty with Nicaragua.
IN the event of any subject of Her Britannic Majesty dying without will
or testament in the territories of the Republic of Nicaragua, or in the absence of
lawful heirs or representatives, the Consul-General, Consul, or Acting Consul of
Her Britannic Majesty, shall, after a duly made and attested inventory has been
signed by him, have the right to take possession and charge of the property
the deceased may have left, for the benefit of his lawful heirs and creditors,
giving immediate notice of the death to the authorities of the country.
In the event of the death of a citizen of the Republic of Nicaragua under
similar circumstances, in the dominions of Her Britannic Majesty, the property
which the deceased may have left shall be dealt with in the same manner as the
property of a British subject [or if the Nicaraguan Government prefer it, “a
subject or citizen of the most favoured nation,” but there is no real difference]
under the like circumstances.
Inclosure 2 in No. 154.
Draft Treaty of Friendship, Commerce, and Navigation, between Her Majesty and
the Republic of Nicaragua.
HIER Majesty the Queen of the United Kingdom of Great Britain and
Ireland, and the Republic of Nicaragua, being desirous to maintain and improve
2 D
198
the relations of good understanding which happily subsist between them, and to
promote the commercial intercourse between their respectire subjects and
citizens, have deemed it expedient to conclude a Treaty of Friendship, Com-
merce, and Navigation, and have for that purpose named as their respective
Plenipotentiaries, that is to say :-
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland,
Sir William Gore Ouseley, Knight Commander of the Most Honourable Order
of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister Pleni-
potentiary on a special mission to the Republics of Central America ;
And His Excellency the President of the Republic of Nicaragua,
Who, after having communicated to each other their respective full powers,
found in good and due form, have agreed upon and concluded the following
Articles :
ARTICLE I.
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland recognises the sovereignty and independence of the Republic of Nica-
ragua. Consequently, there shall be a perfect, firm, and inviolable peace and
sincere friendship between Her Britannic Majesty and the Republic of Nicaragua,
in all the extent of their possessions and territories, and between their subjects
and citizens, respectively, without distinction of persons or places.
ARTICLE II.
The two High Contracting Parties being desirous of placing the commerce
and navigation of their respective countries on the liberal basis of perfect
equality and reciprocity, mutually agree that the citizens of each may frequent
all the coasts and countries of the other, and reside therein, and shall have the
power to purchase and hold all kinds of property which the laws of the country
may permit any foreigners, of whatever nation, to hold, and to engage in all
kinds of trade, manufactures, and mining, upon the same terms with native
subjects or citizens. They shall enjoy all the privileges and concessions in
: these matters which are or may be made to the subjects or citizens of any
country; and shall enjoy all the rights, privileges, and exemptions, in navigation,
commerce, and manufactures, which native subjects or citizens do or shall
enjoy, submitting themselves to the laws there established, to which native
subjects or citizens are subjected.
The ships of war and post-office packets of each Contracting Party respec-
tively, shall have liberty to enter into all harbours, rivers, and places within the
territories of the other, to which the ships of war and packets of other nations
are or may be permitted to come; to anchor there, and to remain and refit;
subject always to the laws of the two countries respectively.
The High Contracting Parties further engage that neither will grant any
favour to any other nation, in respect of commerce and navigation, which shall
not immediately become common to the other Contracting Party.
ARTICLE III.
: The High Contracting Parties agree that, in regard to the coasting trade,
the ships, subjects, and citizens of each shall enjoy, in the dominions and terri-
tories of the other, the same privileges, and shall be treated in all respects in the
same manner, as national vessels, and as native subjects and citizens.
ARTICLE IV.
The name
The Contracting Parties likewise agree, that whatever kind of produce,
manufacture, or merchandize can be, from time to time, lawfully imported into
the British dominions in British vessels, may also be imported in vessels of the
Republic of Nicaragua ; and that no higher or other duties upon the vessel or
upon her cargo shall be levied and collected, whether the importation be made
il vessels of the one country or of the other; and in like manner, that whatever
kind of produce, manufacture, or merchandize can be from time to time lawfully
imported into the Republic of Nicaragua in its own vessels, may be also imported
in British vessels ; and that no higher or other duties upon the vessel or upon
199
her cargo shall be levied or collected, whether the importation be made in
vessels of the one country or of the other.
And they further agree, that whatever may be lawfully exported or
re-exported from the one country in its own vessels to any foreign co
in like manner be exported or re-exported in the vessels of the other country ;
and that the same bounties, duties, and drawbacks shall be allowed and
collected, whether such exportation or re-exportation be made in British vessels,
or in vessels of the Republic of Nicaragua.
ARTICLE V.
No higher or other duties shall be imposed on the importation into the
British dominions of any article the growth, produce, or manufacture of the
Republic of Nicaragua, and no higher or other duties shall be imposed on the
importation into the Republic of Nicaragua of any article the growth, produce,
or manufacture of the British dominions, than are or shall be payable on the
same or the like article being the produce or manufacture of any other foreign
country. Nor shall any higher or other duties or charges be imposed, in either
of the two countries, on the exportation of any article to the territories of the
other, than such as are payable on the exportation of the same or the like
article to any other foreign country.
No prohibition shall be imposed upon the importation of any article the
growth, produce, or manufacture of the territories of either of the two Contract-
ing Parties into the territories of the other, which shall not equally extend to
the importation of the same or the like article being the growth, produce, or
manufacture of any other country: nor shall any prohibition be imposed on the
exportation of any article from the territories of either of the two Contracting
Parties to the territories of the other, which shall not equally extend to the
exportation of the same or the like article to the territories of all other nations.
ARTICLE VI.
No duties of tonnage, harbour, pilotage, lighthouse, quarantine, or other
şimilar or corresponding duties, of whatever nature or under whatever denomina-
tion, levied in the name or for the profit of the Government, public functionaries,
corporations, or establishments of whatever kind, shall be imposed in the ports
of either country upon the vessels of the other country, which shall not be
equally imposed in the like cases on national vessels.
ARTICLE VII.
'In order to prevent the possibility of any misunderstanding, it is hereby
declared that the stipulations contained in the preceding Articles are, to their
full extent, applicable to British vessels and their cargoes arriving in the ports of
Nicaragua, and reciprocally to the vessels of the said Republic and their cargoes
arriving in British ports, whether they proceed from the ports of the country to
which they respectively belong, or fronı the ports of any other foreign country;
and, in either case, no discriminating duty shall be imposed or collected in the
ports of either country on the said vessels or upon their cargoes, whether such
cargoes shall consist of native or of foreign produce or manufacture,
ARTICLE VIII.
All vessels which, according to the laws of Great Britain, are to be deemed
British vessels, and all vessels which, according to the laws of the Republic of
Nicaragua, are to be deemed vessels of that Republic, shall, for the purposes of
this Treaty, be deemed British vessels and vessels of Nicaragua respectively.
1
ARTICLE IX.
It is likewise agreed, that it shall be wholly free for all merchants,
commanders of ships, and other subjects or citizens of both countries, to manage,
by themselves or agents, their own business in all the ports and places subject
to the jurisdiction of each other, as well with respect to the consignments and
sale of their goods and merchandize, by wholesale or retail, as with respect to
the loading, unloading, and sending off their ships; they being, in all these cases,
2 D 2
200
to be treated as subjects or citizens of the country in which they reside or are
conducting their business, and to be subject to the laws of that country.
ARTICLE X.
Whenever the citizens of either of the Contracting Parties shall be forced to
seek refuge or asylum in the rivers, bays, ports, or dominions of the other, with
their vessels, whether merchant or of war, public or private, through stress of
weather, pursuit of pirates or enemies, or want of provisions or water, they shall
be received and treated with humanity, and all favour and protection shall be
given to them for repairing their ships, procuring provisions, and placing them-
selves in a situation to continue their voyage without obstacle or hindrance of
any kind.
ARTICLE XI.
If any ship of war or merchant-vessel of either of the High Contracting
Parties should be wrecked on the coasts of the other, such ship or vessel, or any
parts thereof, and all furniture and appurtenances belonging thereunto, and all
goods and merchandize which shall be saved therefrom, or the produce thereof,
if sold, shail be faithfully restored to the owners, upon being claimed by them or
by their duly authorized agents; and if there are no such owners or agents on
the spot, then the said ships or parts of ships, furniture, appurtenances, goods,
and merchandize, or the proceeds thereof, if sold, as well as all the papers found
on board such wrecked ship or vessel, shall be delivered to the British Consul or
Vice-Consul, or to the Consul or Vice-Consul of the Republic of Nicaragua, in
whose district the wreck may have taken place, upon being claimed by him, and
on his giving a receipt or acknowledgment for the same; and upon payment by
such Consul, Vice-Consul, owners, or agents, of only the expenses incurred in
the preservation of the property, and of the salvage or other expenses which
would have been payable in the like case of a wreck of a national vessel. The
charge for such salvage or other expenses shall be made and settled immediately,
subject to such right of appeal on the part of the person paying the same as may
exist in the respective countries. The goods and merchandize saved from the
wreck shall not be subject to duties, unless cleared for consumption ; in which
case they shall be liable only to the same duties as if they had been imported in
a national vessel.
ARTICLE XII.
The subjects and citizens of either of the two Contracting Parties in the
territories of the other shall be at full liberty to acquire, possess, and dispose of,
whether by purchase, sale, donation, exchange, marriage, testament, succession
ab intestato, or in any other manner whatever, every description of property
which the laws of the country may permit any foreigners, of whatsoever nation,
to hold. Their heirs and representatives may succeed to and take possession of
such property, either in person or by agents acting on their behalf, in the ordinary
form of law, in the same manner as subjects or citizens of the country; and in
the absence of such heirs and representatives, the property shall be treated in the
same manner as the like property belonging to a subject or citizen of the country
under similar circumstances.
In none of these respects shall they pay upon the value of such property
any other or higher impost, duty, or charge, than is payable by subjects or
citizens of the country. In every case the subjects and citizens of the Contract.
ing Parties shall be permitted to export their property, or the proceeds thereof,
British subjects from the territory of Nicaragua, and Nicaraguan citizens from
the British territory, freely, and without being subjected on such exportation to
pay any duty as foreigners, and without having to pay any other or higher
duties than those to which subjects or citizens of the country are liable.
1
ARTICLE XIII.
Both Contracting Parties promise and engage formally to give their spécial
protection to the persons and property of the subjects or citizens of each other,
of all occupations, who may be in the territories subject to the jurisdiction of one
or the other, transient or. dwelling therein, leaving open and free to them the
tribunals of justice, for their judicial recourse, on the same terms which are usual
201
and customary with the native subjects or citizens of the country; for which
purpose they may either appear in proper person, or employ, in the prosecution
or defence of their rights, such advocates, solicitors, notaries, agents, and factors
as they may judge proper, in all their trials at law; and such citizens or agents
shall have free opportunity to be present at the decisions or sentences of the
tribunals in all cases which may concern them, and shall enjoy in such cases all
the rights and privileges accorded to native subjects or citizens.
ARTICLE XIV.
In the event of any subject or citizen of either of the two Contracting
Parties dying without will or testament in the dominions or territories of the
other Contracting Party, or in the absence of lawful heirs or representatives, the
Consul-General, Consul, or Acting Consul of the nation to which the deceased
may belong, shall, so far as the laws of each country will permit, have the right,
after a duly made and attested inventory has been signed by him, to take
possession and charge of the property which the deceased may have left, for the
benefit of his lawful heirs and creditors, giving immediate notice of the death to
the authorities of the country.
ARTICLE XV.
The subjects of Her Britannic Majesty residing in the Republic of Nicaragua,
and the citizens of the Republic of Nicaragua residing in the dominions of Her
Britannic Majesty, shall be exempted from all compulsory military service what-
soever, whether by sea or land, and from all forced loans, or military exactions
or requisitions; and they shall not be compelled, under any pretext what-
soever, to pay any ordinary or extraordinary charges, requisitions, or taxes,
other or higher than those that are or may be paid by native subjects or
citizens.
ARTICLE XVI.
It is agreed and covenanted that neither of the High Contracting Parties
shall knowingly receive into, or retain in, its service, any subjects or citizens of
the other Party who have deserted from the naval or military service of that
other Party; but that, on the contrary, each of the Contracting Parties shall
respectively discharge from its service any such deserters, upon being required by
the other Party so to do.
And it is further agreed, that if any of the crew of any merchant-vessel of
either Contracting Party shall desert from such vessel within any port in the
territory of the other Party, the authorities of such port and territory shall be
bound to give every assistance in their power for the apprehension of such
deserters, on application to that effect being made by the Consul of the Party
concerned, or by the deputy or representative of the Consul; and any person
knowingly protecting or harbouring such deserters shall be liable to punish-
ment.
ARTICLE XVII.
British subjects residing in the territories of the Republic of Nicaragua shall
enjoy the most perfect and entire liberty of conscience, without being annoyed,
molested, or disturbed on account of their religious belief. Neither shall they
be annoyed, molested, or disturbed in the proper exercise of their religion, in
private houses, or in the chapels or places of worship appointed for that purpose,
provided that in so doing they observe the decorum due to Divine worship, and
the respect due to the laws of the country. Liberty shall also be granted to
bury British subjects who may die in the territories of the Republic of Nicaragua,
in convenient and adequate places, to be appointed and established by themselves
for that purpose, with the knowledge of the local authorities, or in such other
places of sepulture as may be chosen by the friends of the deceased ; nor shall the
funerals or sepulchres of the dead be disturbed in any wise or upon any
account.
In like manner, the citizens of Nicaragua shall enjoy within the dominions
of Her Britannic Majesty a perfect and unrestrained liberty of conscience, and
of exercising their religion within private houses, or in the chapels or places of
worship appointed for that purpose, agreeably to the laws of those dominions.
202
ARTICLE XVIII.
For the better security of commerce between the subjects and citizens of
the two High Contracting Parties, it is agreed that if at any time any rupture or
interruption of friendly intercourse should unfortunately take place between the
two Contracting Parties, the subjects or citizens of either of them, established in
the territories of the other, who may reside upon the coasts, shall be allowed six
months, and those who may reside in the interior a whole year, to wind up their
accounts and to dispose of their property; and safe-conduct shall be given to
them to embark at the port which they themselves shall select. The subjects
or citizens of either of the two Contracting Parties who may be established
in the dominions or territories of the other, in the exercise of any trade or
other occupation or employment, shall be allowed to remain and continue
in the exercise of the said trade or occupation, notwithstanding the inter-
ruption of friendship between the two countries, in the free enjoyment of
their personal liberty and property, so long as they behave peaceably
and observe the laws; and their goods and effects, of whatever descrip-
tion they may be, whether in their own custody or entrusted to individuals
or to the State, shall not be liable to seizure or sequestration, or to any :
other charges or demands than those which may be made upon the like effects
or property belonging to native subjects or citizens. In the same case, debts
between individuals, public funds, and the shares of Companies, shall never be
confiscated, sequestered, or detained.
My
ARTICLE XIX.
It shall be free for each of the two Contracting Parties to appoint Consuls
for the protection of trade, to reside in the dominions and territories of the other
Party; but before any Consul shall act as such, he shall, in the usual form, be
approved and admitted by the Government to which he is sent; and either of
the Contracting Parties may except from the residence of Consuls such particular
places as either of them may judge fit to be excepted.
The Diplomatic Agents and Consuls of each of the two High Contracting
Parties in the dominions or territories of the other, shall enjoy whatever privi:
leges, exemptions, and immunities are or shall be granted there to Agents of
the same rank belonging to the most favoured nation.
1
ARTICLE XX.
The Republic of Nicaragua hereby grants to Great Britain, and to British
subjects and property, the right of transit between the Atlantic and Pacific
Oceans, through the territories of that Republic, on any route of communication,
natural or artificial, whether by land or water, which may now or hereafter exist
or be constructed under the authority of Nicaragua, to be used and enjoyed in
the same manner and upon equal terms by both parties, and their respective
subjects and citizens; the Republic of Nicaragua, however, reserving its full and
complete right of sovereignty over the same: and, generally, the Republic of
Nicaragua engages to grant to Great Britain and to British subjects the same
rights and privileges, in all respects, in regard to the transit and the rates of
transit, and also as regards all other rights, privileges, or advantages whatsoever,
whether relating to the passage or employment of troops, or otherwise, which
are now or may hereafter be granted to, or allowed to be enjoyed by, the most
favoured nation.
ARTICLE XXI.
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland
hereby agrees to extend her protection to all such routes of communication as
aforesaid, and to guarantee the neutrality of the same. Her Britannic Majesty
also agrees to employ her influence with other nations to induce them to guarantee
such neutrality and protection.
And the Republic of Nicaragua, on its part, undertakes to establish two
free ports, one at each of the extremities of the communication aforesaid, on the
Atlantic and Pacific Oceans. At these ports no tonnage or other duties shall be
imposed or levied by the Government of Nicaragua on the vessels of Great
Britain, or on any effects or merchandize belonging to subjects of Great Britain,
or of any other country, intended bona fide for transit across the said route of
ny
203
communication, and not for consumption within the Republic of Nicaragua.
ment or authorities of Nicaragua, to carry troops (provided they are destined
for a British possession or places beyond sea, and are not intended to be employed
against Central American nations friendly to Nicaragua) and munitions of war,
and also to convey criminals, prisoners, and convicts, with their escorts, in her
own vessels or otherwise, to either of the said free ports, and shall be entitled
to their conveyance between them, without obstruction by the authorities of
Nicaragua, and without any charges or tolls whatever for their transportation,
on any of the said routes of communication. And no higher or other charges
or tolls shall be imposed on the conveyance or transit of the persons and
property of subjects of Great Britain, or of the subjects or citizens of any other
country, across the said routes of communication, than are or may be imposed
on the persons or property of citizens of Nicaragua.
And the Republic of Nicaragua concedes the right of the Postmaster-
General of Great Britain to enter into contracts with any individuals or
companies to transport the mails of Great Britain along the said routes of
communication, or along any other routes across the Isthnius, in closed bags,
the contents of which may not be intended for distribution within the said
Republic, free from the imposition of all taxes or duties by the Government of
Nicaragua ; but this liberty is not to be construed so as to permit such indivi-
duals or Companies, by virtue of this right, to transport the mails, to carry also
passengers or freight, except any messenger deputed by the British Post-office in
charge of mails.
ARTICLE XXII.
The Republic of Nicaragua agrees that, should it become necessary at any
time to employ military forces, for the security and protection of persons and
property passing over any of the routes aforesaid, it will employ the requisite
force for that purpose; but upon failure to do this for any cause whatever, Her
Britannic Majesty may, with the consent or at the request of the Government of
Nicaragua, or of the Minister thereof at London or Paris, or of the competent
legally-appointed local authorities, civil or military, ernploy such force for this and
the necessity ceases, such force shall be immediately withdrawn.
In the exceptional case, however, of unforeseen or imminent danger to the
lives or properties of British subjects, Her Majesty's forces are authorized to act
for their protection without such previous consent having been obtained.
ARTICLE XXIII..
It is understood, however, that Her Britannic Majesty, in according protec-
tion to such routes of communication, and guaranteeing their neutrality and
security, always intends that the protection and guarantee are granted condi-
tionally, and may be withdrawn if Her Britannic Majesty should deem that the
regulations concerning the traffic thereupon as are contrary to the spirit and
intention of this Treaty, either by making unfair discriminations in favour of the
commerce of any other nation or nations, or by imposing oppressive exactions
or unreasonable tolls upon mails, passengers, vessels, goods, wares, merchandize,
or other articles. The aforesaid protection and guarantee shall not, however, be
withdrawn by Her Britannic Majesty without first giving six months' notice to
the Republic of Nicaragua.
ARTICLE XXIV.
And it is further understood and agreed that, in any grant or contract which
may hereafter be made or entered into by the Government of Nicaragua, having
reference to the interoceanic routes above referred to, or any of them, the rights
and privileges granted by this Convention to Her Britannic Majesty and to
British subjects shall be fully protected and reserved ; and if any such grant or
contract now exist of a valid character, it is further understood that the guarantee
and protection of Her Britannic Majesty stipulated in Article XXI of this Treaty
shall be held inoperative and void until the holders of such grant or contract
e nela "operative and volunte ers such an uw
shall recognize the concessions made in this Treaty to Her Britannic Majesty
204
and to British subjects with respect to such interoceanic routes, or any of them,
and shall agree to observe, and be governed by, those concessions as fully as if
they had been embraced in their original grant or contract; after which recog-
nition and agreement, the said guarantee and protection shall be in full force :
provided that nothing herein contained shall be construed either to affirm or
deny the validity of any of the said contracts.
ARTICLE XXV.
After ten years from the completion of a canal, railroad, or any other
route of communication, through the territory of Nicaragua, from the Atlantic
to the Pacific Ocean, no Company which may have constructed or be in posses-
sion of the same shall ever divide, directly or indirectly, by the issue of new
stock, the payment of dividends, or otherwise, more than fifteen per cent. per
annum, or at that rate, to its stockholders, from tolls collected thereupon; but
whenever the tolls shall be found to yield a larger profit than this, they shall be
reduced to the standard of fifteen per cent. per annum.
ARTICLE XXVI.
It is understood that nothing contained in this Treaty shall be construed to
affect the claim of the Government and citizens of the Republic of Costa Rica to
a free passage, by the San Juan river, for their persons and property, to anc
from the ocean.
ARTICLE XXVII.
The present Treaty shall remain in force for the term of twenty years from
the day of the exchange of ratifications; and if neither Party shall notify to the
other its intention of terminating the same, twelve months before the expiration
of the twenty years stipulated above, the said Treaty shall continue binding on
both parties beyond the said twenty years, until twelve months from the time
that one of the Parties may notify to the other its intention of terminating it.
ARTICLE XXVIII.
The present Treaty of Friendship, Commerce, and Navigation, shall be
ratified, and the ratifications shall be exchanged at
as soon as possible
within
from this date.
In witness whereof the respective Plenipotentiaries have signed the same,
and have affixed thereto their respective seals.
Done at
No. 155.
The Earl of Malmesbury to Sir W. G. Ouseley.
Sir,
Foreign Office, March 23, 1859.
IN your despatches received on the 20th instant, you make no reference to
the progress of the negotiation of the Treaty with Nicaragua relative to the
Mosquito Indians and the rights and claims of British subjects. The settlement
of these questions is a matter of more pressing importance to Her Majesty's
Government than the conclusion of the Treaty of Commerce and Navigation,
and I trust that the next mail may bring some satisfactory intelligence as to this
branch of the negotiation with which you are charged.
You will make the Nicaraguan Government clearly understand that the
Treaty of Commerce and guarantee of the neutrality of the interoceanic route
will not be ratified without the other Treaty.
I am, &c.
(Signed) MALMESBURY,
205
No. 156.
The Earl of Malmesbury to Lord Lyons.
My Lord,
Foreign Office, March 31, 1859.
I INCLOSE for your Lordship's information, a copy of a despatch which
I have received from Sir W. Ouseley, * relative to the modifications which he
admitted in the Treaty of Commerce, signed by him on the 18th of January last,
with the Government of Nicaragua
I also inclose copies of despatches which I have addressed to him in reply,t
informing him that Her Majesty will not ratify the Treaty of Commerce without
the Treaty relative to the Mosquito territory.
I am, &c.
(Signed) MALMESBURY.
No. 157.
Sir W. G. Ouseley to the Earl of Malmesbury.—(Received April 5.)
(Extract.)
Leon, February 3, 1859.
I HAVE taken occasion frequently, since my arrival here, to urge the
Nicaraguan Government to conclude without delay the Convention respecting
Mosquitia, which was communicated to their Plenipotentiary on the 1st of
January
No written communication has reached me on this subject since that
which I had the honour of forwarding in my despatch of the 22nd ultimo,
except the note copy of which is inclosed. I have been verbally and generally
assured, however, that this Government is giving its best attention to this
important matter ; but it is very evident that the late movements of the filibusters,
as reported from the Mosquito frontier, have perplexed and alarmed the Govern-
ment, and may seriously affect the whole question.
. Under these circumstances, I intend to proceed to Costa Rica very shortly,
in order to negotiate the Treaty of Friendship and Commerce with that State.
The delay in the Mosquito arrangement may be indefinitely prolonged, especially
if Walker gets possession of the present seat of Government. Should he not
succeed in this, the Assembly will have time not only to come to a decision on
the Mosquito Convention, but to ratify the General and Postal Treaties; and I
could meet Señor Zeledon, on my return from Costa Rica, at one of the ports,
to complete the settlement of the Mosquito question, to which there is little
doubt of the adherence of Costa Rica.
Inclosure in No. 157.
Señor Zeledon to Sir W. G. Ouscley.
Excelentisimo Señor,
Leon, Enero 28 de 1859.
TUVE el honor de elevar al conocimiento del Supremo Gobierno el proyecto
de Convencion sobre el territorio Mosquito propuesto por vuestra Excelencia, y
en la necesidad hoy de ir cerca del mismo Gobierno á Managua, cuidare de
comunicar á vuestra Excelencia por mi mismo ó por la persona que sirva el
Ministerio de Relaciones Esteriores la resolucion que se tome sobre este
objeto.
Entre tanto, &c.
(Firmado) PEDRO ZELEDON.
(Translation.)
Most Excellent Sir,
Leon, January 28, 1859.
I HAVE had the honour of submitting to the notice of the Supreme
Government the Draft of Convention relative to the Mosquito territory, proposed
by your Excellency ; and, being obliged to proceed, to-day, to the said Govern-
* No. 152.
+ Nos. 154 and 155.
2 E
206
ment, I shall take care to communicate to your Excellency, myself, or through
the person who may be conducting the business of the Department of Foreign
Affairs, the decision which may be taken upon this subject.
In the meantime I take, &c.
. (Signed) PEDRO ZELEDON.
No. 158.
Sir W. G. Ouseley to the Earl of Malmesbury.--(Received April 3.)
(Extract.) .
Leon, February 5, 1859.
INCLOSED is a copy of my reply to the note of the 18th of January, copy
of which I had the honour to forward in my despatch of the 20th ultimo, in
which Señor Zeledon applies for protection against the filibusters, invoking the
Treaty signed on the 18th ultimo, the date of his Excellency's note.
In my answer, I was obliged, as on previous occasions, to remind the Nica-
raguan Minister that the protection which he claimed is confined to the neutrality
of the transit route.
Inclosure in No. 158.
Sir W. G. Ouseley to Señor Zeledon.
Leon, January 24, 1859.
THỂ Undersigned, Her Britannic Majesty's Envoy Extraordinary and
Minister Plenipotentiary on a special mission to the Government of Nicaragua,
had already received inforniation corroborative of that which the note of his
Excellency Don Pedro Zeledon, Secretary of State of the Department of Foreign
Relations of Nicaragua, of the 18th instant; contains; and, as he had the honour
since then verbally to mention to his Excellency, had taken such steps as were
in his power to secure the co-operation, in case of need, of Her Majesty's forces
with those of Nicaragua..
On the coasts of the Atlantic there is less to apprehend than on those, so
much nearer to the city, of the Pacific, where it so happens that, although several
of Her Majesty's ships of great force are on the station, as well as French vessels
of war, they are, or were when last heard from, at such a distance that their
immediate assistance cannot be counted upon with any certainty. :
It had been resolved by Her Majesty's Government, as well as by those of
France and of the United States, to employ their forces, if necessary, against the
piratical bands whose illegal expeditions have been so decidedly condemned as
well by the Government of the country from whence they habitually embark to
attack Nicaragua, as by all civilized nations.
More especially, Her Majesty's Government could not allow that the
negotiations with which Her Majesty's special mission is charged should be
interrupted, and the action of the Goyernment of this country be impeded by
such attacks as those of the filibusters without giving orders that Her Majesty's
forces should, when applied to, afford such protection to those engaged in
completing a Convention such as that to which Señor Zeledon appeals in his
note (written on the day of the signature of that Treaty), which is in truth, as his
Excellency says, one of friendship and also of “protection ;” i. e., so far as
regards the neutrality of the future interoceanic communications.
The Undersigned, &c.
(Signed) W. G. QUSELEY.
No.'159.
Sir W. G. Ouseley to the Earl of Malmesbury.-(Received April 5.)
(Extract.)
Leon, February 16, 1859.
FINDING that the Government at Managua delayed the negotiation of the
Mosquito Convention, I announced in the note copy of which I have the honour
207
to transmit), my intention of proceeding to Costa Rica, without waiting for the
protracted deliberations of the Nicaraguan Executive.
I might have possibly urged the Nicaraguan Minister more directly to
hasten the action of his Government, but in truth I was aware of the extreme
difficulty of their position as regards the Mosquito question.
The old Country-party, as utterly ignorant of the merits of this case as of
the foreign relations of their country generally, urge their Government on the old
Spanish pretension respecting Mosquitia, to which they cling as though their best
interests were involved in it, and as if it were a grievous spoliation lately suffered
by Nicaragua from Great Britain, forgetting that the territory they claim never
was under the dominion of this Government since its separation from Spain, and
that for about two centuries previously the mother country never possessed over
it any de facto sovereignty.
On the other hand, the Government perceives the danger of leaving the
whole of the Atlantic coast, with its many ports and rivers (some of the latter
navigable for small craft nearly, perhaps quite, to the frontier of Nicaragua
Proper), defenceless against the North American filibusters, whether openly
declared, or disguised under the designation of immigrants or settlers, a peril to
which they have been alarmingly awakened by late and actual movements of the
piratical forces of Walker.
These embarrassing circumstances were anticipated by your Lordship as
likely to paralyze the action of this Government, and elicited the decisive anti-
piratical declarations of Her Majesty's Government. But as we have no naval
or other force on this coast within reach, I deemed it advisable to inform the
Nicaraguan Minister of my intention to proceed to Costa Rica.
If the filibusters succeed in reaching the interior, all the attention and
efforts of this Government will be necessarily turned to the means of defence,
and the negotiation would thus be suspended.
It is also desirable that Her Majesty's Mission be not exposed to insult at
the hands of lawless men, against whom Great Britain has declared herself.
The negotiation of the Treaty with Costa Rica will no longer be impeded;
and finally, my approaching departure would be likely to induce exertion on the
part of the Executive to hasten the ratification of the Treaties already signed,
and now before them, and the settlement, or an approach to it, of the Mosquito
question.
In the meantime it was necessary to explain to the Nicaraguan Government
that a further delay of my movements was caused by the absence of Her
Majesty's steam-sloop “ Vixen,” momentarily employed, at their urgent request, in
defence of the smaller Pacific ports likewise threatened by filibusters, and more
defenceless than those of Mosquitia, inasmuch as the Proctectorate is not yet at
an end, and we have a force at Greytown quite large enough, although deficient
in small vessels or gun-boats, such as the peculiar service against filibusters
requires, for the defence of the honour and dignity of Her Majesty's flag, should
circumstances call for, its employment.
A copy of my letter to Commander Lambert, of the “ Vixen," is
inclosed.
The result of my letter taking leave of the President, has been the arrival
here of Señor Zeledon, the Nicaraguan Minister for Foreign Affairs, with whom
I have already had some conferences on the Mosquito and other questions.
Inclosure 1 in No. 159.
Sir W. G. Ouseley to Commander Lambert.
(Extract.)
Leon, February 6, 1859.
I HAVE to request that you will, with as little delay as possible, proceed
direct to Cazares, and look out for a steamer, and, possibly, other vessels,
armed and manned by Walker's followers. After proceeding to Cazares,
or, possibly, on your way thither, if you see reason for so acting, it will be
advisable to look-if no suspicious circumstance calls your attention in another
direction--into the small ports of Mogote, Brito, San Juan del Sur, possibly
also Salinas and Culebra (the two latter are in Costa Rica). You will act,
however, as your judgment and the information you obtain may direct, for the
2 E 2
208
furtherance of the service on which I request your aid, namely, the prevention
of any landing of filibusters, and, in case of need, co-operation against them, with
the Nicaraguan or Costa Rican authorities.
The local authorities will afford you all the information they can obtain.
Inclosure 2 in No. 159.
Sir W. G. Ouseley to Señor Zeledon.
Leon, February 8, 1859.
THE Undersigned, &c., requests Señor Zeledon, &c., to convey to the
President his respectful compliments, and to express to his Excellency the regret
of the Undersigned at not being able formally to pay his respects to the President
at Managua, before his departure for Costa Rica.
When the Undersigned was on the point of proceeding to Managua, illness,
as Señor Zeledon is aware, prevented him; and now the time is arrived for him
to enter into negotiations with the Government of Costa Rica, whither, in
conformity with his instructions, he must now proceed without delay.
Immediately on receipt of intelligence to the effect that a filibuster steamer
had been seen off Cazares, the movements of which were very suspicious, the
Undersigned applied for the aid of Her Majesty's ship “ Vixen," which has
probably already visited that and other small ports on that line of coast, in order
to oppose all piratical attempts. On the return of the “ Vixen,” to Realejo
which may daily be expected, the Undersigned and his family will leave Leon
to embark for Punta Arenas, and thence proceed to San José.
The Undersigned requests Señor Zeledon to express to the President his
feelings of disappointment at being thus prevented from having the honour of
taking leave of his Excellency in person on this occasion, and begs, &c.
(Signed) W. G. OUSELEY.
No. 160.
Sir W. G. Ouseley to the Earl of Malmesbury.--(Received April 5.)
My Lord,
Leon, February 25, 1859.
I THIS day received from Señor Cortez the announcement, copy of which
I have the honour to forward to your Lordship, of the ratification on the 21st
instant of the Treaty of Friendship, Commerce, and Navigation, signed here on
the 18th ultimo by Šeñor Zeledon and myself.
I have, &c.
(Signed) W. G. OUSELEY.
in
Inclosure in No. 160.
Señor Cortez to Sir W. G. Ouseley.
Palacio Nacional, Managua,
Excelentisimo Señor,
Febrero 22 de 1859.
ME doy la honra de participar á vuestra Excelencia que el Congreso de la
República ratificó el dia de ayer el Tratado de Amistad, Comercio, y Navegacion,
celebrado entre la Gran Bretaña y Nicaragua, el cual ha merecido el exequatur
del Gobierno.
El Infrascrito se congratula por tan feliz suceso, y mientras tanto tiene, &c.
(Firmado) ROSALIO CORTEZ.
(Translation.)
Most Excellent Sir,
National Palace, Managua, February 22, 1859.
I DO myself the honour of informing your Excellency that the Congress of
the Republic ratified yesterday the Treaty of Friendship, Commerce, and
209
Navigation, concluded between Great Britain and Nicaragua, which has received
the exequatur of the Government.
The Undersigned congratulates himself on so happy a result, and in the
meantime has the honour, &c.
(Signed) ROSALIO CORTEZ.
1
No. 161.
Ir. Hammond to the Secretary to the Admiralty.
Sir,
Foreign Office, April 9, 1859.
I AM directed by the Earl of Malmesbury to request that you will state to
the Lords Commissioners of the Admiralty that, as it appears probable that Sir
W.Ouseley or Mr. Wyke will be engaged for many months to come in the
negotiation of the Treaties which Her Majesty's Government have proposed to
the several States of Central America, it is important that an adequate and
suitable naval force should, for the present, be permanently stationed on the
Pacific as well as on the Atlantic Coast of Central America, in order effectually
to protect those States from the attacks of filibusters during the time that the
negotiations are going on.
I am, &c.
(Signed) E. HAMMOND.
No. 162.
The Earl of Malmesbury to Sir W. G. Ouseley.
Sir,
Foreign Office, April 10, 1859.
Tona
I TRANSMIT to you a copy of a letter which, by my directions, has been
addressed to the Board of Admiralty,* representing the necessity for an adequate
and suitable naval force being permanently stationed, for the present, on the
Pacific as well as on the Atlantic Coast of Central America.
I am, &c.
(Signed) MALMESBURY.
No. 163.
The Earl of Malmesbury to Sir W. G. Ouseley.
Sil',
.
Foreign Office, April 14, 1859..
WITH reference to your despatch of the 3rd of February last, stating
that the Nicaraguan Government had not, up to that date, made any commu-
nication to you on the subject of the Draft of Treaty which you proposed
to them relative to the Mosquito territory, beyond a mere acknowledgment of
its receipt and a promise that the decision of the Government should be after-
wards made known to you, I cannot but strongly remark upon this inexcusable
delay. The alarms about filibusters, to which you allude in your despatch as
having perplexed and alarmed the Nicaraguan Government, and as being likely
to affect the question, were totally unfounded, and must have been mere excuses
for not proceeding with the only Treaty about which Her Majesty's Government
are really anxious, namely, that relative to the Mosquito territory
I have to instruct you to press this matter in the strongest manner upon
the attention of the Nicaraguan Government; and you will be careful to bear in
mind the positive instructions given you in my despatch of the 9th of
August last, not to admit any alterations of an important character in the Drafts
of Treaties which you were to propose to the Government of Nicaragua.
I am, &c.
(Signed) MALMESBURY.
# No. 161.
210
10.
No. 164.
Mr. Wyke to the Earl of Malmesbury.--(Received April 14.)
(Extract.)
Guatemala, February 28, 1859.
THE Earl of Clarendon, in his despatch of the 16th of January, 1857,
granted me twelve months leave of absence, at the same time expressing a wish,
however, that I should not avail myself of such leave in the then critical state of
affairs in Central America, unless the state of my health absolutely obliged me
so to do.
On my replying that, in compliance with his Lordship's wish, I would
remain at my post, he approved of my decision; and in his despatch of
the 29th April of the same year, he kindly authorized me return : to England
whenever I found that my further stay out here would be prejudicial to me as
far as my health was concerned.
I have since remained in Central America from a sense of duty, thinking
that I might be useful to Sir William Ouseley's Mission, and your Lordship's
despatch of the i6th of December last confirmed me in this resolution; but
as I learn by letters just received from Nicaragua that he has negotiated his
Treaty with that Government and is on the eve of his departure for Costa Rica,
where he cannot long be detained, there is now no reason for my further
postponing my departure, as the state of my health absolutely requires rest and'
a change of climate, after a continued residence of seven years in the tropics.
Under these circumstances I propose leaving Guatemala for England at the
end of April next, unless anything, at present unforeseen, should occur to
prevent Sir William Ouseley from terminating his negotiations in Costa Rica,
when, if called on by him, I would of course remain until I had carried out your
Lordship's wishes as already conveyed to ine on this subject.
TY
No. 165.
The Earl of Malmesbury to Mr. Wyke.
Sir,
Foreign Office, April 16, 1859.
I HAVE received your despatch of the 28th of February last, in
which you state that it is your intention to avail yourself, at the end of the
present month, of the leave of absence granted to you by my predecessor in the
year 1857.
I trust that my despatch of the 16th of February will have reached you
in time to stop your departure. I very much regret to interfere with your
enjoyment of your leave of absence, but unless you are seriously unwell, Her
Majesty's Government wish you to negotiate and conclude the Treaty with
Guatemala respecting the boundary of British Honduras, and also, if required,
to take the place of Sir William Gore Ouseley in the still pending negotiations
with the other Republics of Central America, a business which must, however,
in some measure depend on the time of Session of the Congress in those
States.
l am, &c.
(Signed) MALMESBURY.
Sir,
No. 166.
The Earl of Malmesbury to Sir W. G. Ouseley.
Foreign Office, April 16, 1859.
I HAVE to state to you that it is the desire of Her Majesty's Government
that you should return home as soon as you shall have signed the Treaties which
you are instructed to negotiate with the Republic of Costa Rica, and the Treaty
with Nicaragua relative to the Mosquito territory, as well as the Treaty of
Friendship, Commerce, and Navigation with the same Republic, amended accord-
ing to the instructions conveyed to you in my despatch of the 23rd ultimo.
You will bring the Treaties with you, and the exchange of the ratifications may
be left to be performed by Mr. Wyke or Mr. Hall.
I am, &c.
(Signed) MALMESBURY.
.
.
211
No. 167.
M. de Marcoleta to the Earl of Malmesbury.-(Received April 19.)
M. le Comte,
Paris, le 17 Avril, 1859.
J'AI des raisons de croire que quelques unes des dépêches qui m'ont été
adressées par le Gouvernement de Costa Rica ont été égarées. Il en est de
même, principalement, à l'égard de celles du Gouvernement de Nicaragua.
Dans l'absence de nouvelles relativement aux Traités signés dernièrement
à Nicaragua par Sir W. G. Ouseley, votre Excellence voudra bien me permettre
que je vienne demander au Gouvernement de Sa Majesté Britannique si les
trois Traités en question, c'est-à-dire, la Convention Postale, le Traité de Com-
merce, et celui où sont réglées les questions de San Juan (Greytown) et de la
Côte de Mosquitos, sont déjà parvenns au Ministère, et s'ils y sont parvenus
ratifiés par le Gouvernement de Nicaragua.
Etant sur le point de négocier avec la France une Convention Postale, je
viens, M. le Comte, prier également votre Excellence de vouloir bien me faire
connaître les termes, ou les clauses, déjà convenues entre la Grande Bretagne
et le Nicaragua, avec l'objet qu'il me soit possible d'harmoniser ces clauses avec
celles à négocier avec le Gouvernement de Sa Majesté Impériale.
Veuillez, &c.
(Signé) J. DE MARCOLETA.
(Translation.)
M. le Comte,
Paris, April 17, 1860.
I HAVE reason to believe that some of the despatches addressed to me
by the Government of Costa Rica have been mislaid. The greater part of those
from the Government of Nicaragua have shared the same fate.
. In the absence of intelligence respecting the Treaties lately signed at
Nicaragua by Sir W. Ouseley, your Excellency will please to permit me to
inquire of Her Majesty's Government whether the three Treaties in question,
that is to say, the Postal Convention, the Treaty of Commerce, and that treating
of the questions of San Juan (Greytown) and the Mosquito Coast, have yet
reached the Foreign Office, and if they have been received with the ratifications
of the Nicaraguan Government.
Being on the point of negotiating a Postal Convention with France, I have
also, M. le Comte, to beg that you will apprise me of the terms or clauses
already determined between Great Britain and Nicaragua, in order that I may be
able to harmonize these clauses with those in negotiation with the Imperial
Government.
Accept, &c.
(Signed) J. DE MARCOLETA.
No. 168.
Lord Napier to the Earl of Malmesbury.—(Received April 19.)
My Lord,
Washington, April 4, 1859..
I GATHER from the conversation of General Cass that the Government
of the United States have conceived some dissatisfaction in regard to two points
connected with the proceedings of Her Majesty's Representative in Central
America.
These points are:
Ist. The insertion in the English Transit Treaty of the last clause of
Article XXII, stipulating that Her Majesty's Government will not suffer the
organization of piratical expeditions against Nicaragua in the British dominions,
or the participation of British subjects in the domestic struggles of that
Republic; and,
2ndly. The conclusion and ratification of the Transit Treaty separately
from that which provides for the cession of Mosquitia.
On the first head, General Cass remarks that the adoption of the clause
referred to, interferes with the conclusion of the American Treaty; for such a
clause, even if sanctioned by the President and Cabinet--which it never could
bew-would certainly be expunged by the Senate, as binding the Government of
212
TY
the United States to execute its own existing laws-a superfluous and offensive
engagement.
I observed to General Cass, in reply to this reflection, that I was disposed
to regret the adoption of the clause alluded to. I presumed it had been insisted
: on by the Nicaraguan Government as a sine quâ non with Sir William Ouseley :
and that Her Majesty's Commissioner had naturally felt limself justified in
assenting to it rather than see his negotiation entirely frustrated. I hoped that
that the persuasions of Mr. Lamar and the advice of Mr. Jerez, recently offered
to his Government from Washington, might still induce President Martinez and
the Assembly to ratify the American Treaty without the obnoxious provision. .
With reference to the conclusion of the Transit Treaty, without the adjust-
ment of that which regulates the transfer of Mosquitia, I suggested that Sir
William Gore (useley had probably met with some unexpected opposition on
the part of the Nicaraguan Government, and had been obliged to refer to London
for further instructions. In the interval he had proceeded to Costa Rica for the
purpose of concluding the contemplated arrangements with that Government.
I made no doubt your Lordship would regret, as I did myself, that the two
Treaties had not been contemporaneously: terminated, which would have been
more consistent with all the interests involved.
General Cass reiterated several times that he had no doubt of the good faith
and conciliatory intentions of Her Majesty's Government; but for the preserva-
tion of a friendly understanding between the two countries, he thought it essential
that a settlement of the Mosquito and Bay Island questions should not be
delared; and he would direct Mr. Dallas to submit his views to your Lordship
on those subjects.
The Secretary of State then expressed himself with some resentment against
the Government of Nicaragua on account of their unjustifiable treatment of the
transit steam-vessels employed on the San Juan river. It appears that on some
alarm of invasion the Nicaraguan authorities ordered the vessels above-mentioned
to come an anchor under the guns of one of the river forts; that on their refusal
to obey, the Americans serving on board were arrested, the vessels seized, and
some citizens of the United States subjected to forced labour and other
hardships.
In conclusion, General Cass emphatically informed me that instructions
would instantly be issued to General Lamar ordering him to leave Nicaragua,
unless, within the period of ten days after the receipt of his letters, the Cass-
Yrissari Treaty should be ratified in the form adopted by Sir William Ouseley,
excepting the last clause of Article XXII referred to above, and unless ample
reparation and apology should be afforded for the outrage perpetrated on the
river steamers. If, after the withdrawal of the United States' Minister, a satis-
factory adjustment of all the questions in controversy were not attained before
the meeting of Congress, the assent of that body would be demanded with a
view to the declaration of war against Nicaragua.
Such an issue, said General Cass, would be highly deplored by the Govern-
ment of the United States ; but they had been trifled with too long already.
Her Majesty's Government and the Government of France would also, he
observed, have many reasons to regret the disturbance of peace in the quarter
referred to; and he intimated that their counsels might be properly and advan-
tageously employed in inducing the Nicaraguan Government to adopt a wiser
course towards the United States, while it could still be embraced with success.
I assured General Cass that I made no doubt Her Majesty's Government
would continue to give the Government of President Martinez the advice which
had been already more than once offered, viz., to make all the concessions in
their relations with the United States which are now desired, and which cannot
appear unreasonable; for all the modifications in the Cass-YrissariTreaty embodied
in Sir William Ouseley's Convention are acceded to here, except the addition to
Article XXII, which could not possibly be entertained by this Government.
I have, &c.
(Signed) NAPIER.
-
Inclosure in No. 168.
Extract from Article XX of the English Treaty with Nicaragua.
SU Magestad Británica prohibirá é impedirá la formacion de espediciones
armados en sus dominios, ya sean para invadir á Nicaragua ó con la intencionó
213
bajo el pretesto de ausiliar á alguno de los partidos ó cuerpos politicos que
puedan existir en este pais.
(Translation.)
HER Britannic Majesty will prohibit and prevent the formation of armed
expeditions in her dominions, either for the invasion of Nicaragua or with the
intention or under the pretext of assisting the parties or political bodies which
may exist in that country.
•
No. 169.
The Earl of Malmesbury to Lord Lyons.
(Extract.)
Foreign Office, April, 21, 1859.
THE documents inclosed in my despatch of the 31st ultimo will, by
anticipation, have furnished your Lordship with the means of explaining to the
Government of the United States the sentiments of Her Majesty's Government
in regard to the modifications admitted by Sir William Ouseley in the Treaty
which he signed with the Government of Nicaragua, on the 18th of January
last, and which, as explained in Lord Napier's despatch of the 4th instant, have
excited some uneasiness in the Washington Cabinet. Your Lordship will hare
seen that there are among those modifications several to which Her Majesty's
Government cannot assent, and among them the clause added to Article XXII,
which Her Majesty's Government consider as both unnecessary and undignified.
It is hardly necessary for me to add that those modifications were admitted
by Sir William Ouseley entirely on his own responsibility; I may, indeed, say
in the face of his instructions, which directed him not to assent to any altera-
tion of the drafts with which he was furnished, unless of a purely formal and
immaterial character.
Her Majesty's Government promptly refused to ratify the Treaty as signed
by Sir William Ouseley, and have instructed him, as your Lordship will have
seen by the despatches of which I sent copies in my despatch above referred to,
to sign it over again, with the omission of the clauses to which Her Majesty's
Government object. He has, moreover, been repeatedly directed distinctly to
inform the Nicaraguan Government that Her Majesty's Government regard the
object of his Mission—that is, the conclusion of the Treaty of Commerce and of
the Convention respecting the Mosquito territory-as a whole, and that the one
will not be ratified without the other.
Your Lordship will communicate these facts to General Cass.
.
.
L
No. 170.
The Earl of Malmesbury to M. Marcoleta.
Sir,
. Foreign Office, April 23, 1859.
. I HAVE the honour to acknowledge the receipt of your letter of the 17th
instant, requesting information respecting the several Treaties which Sir
W.Ouseley was instructed by Her Majesty's Government to negotiate with the
Republic of Nicaragua.
I have the honour, in reply, to inclose a copy of the Post Office Convention
signed by Sir W. Ouseley and the Nicaraguan Plenipotentiary, which has been
accepted, without alteration, by Her Majesty's Government: but, with regard to
the other two Treaties, I beg leave to inform you that the General Convention,
though signed by Sir W. Ouseley, will not be ratified by Her Majesty's Govern-
ment in its present shape; and that the Convention relative to Greytown and
the Mosquito Coast has not yet been concluded.
1 am, ốc.
(Signed) MALMESBURY.
No. 171.
The Earl of Malmesbury to Sir W. G. Ouseley.
Sir,
Foreign Office, April 28, 1859.
I HAVE to state to you that I have received from the Paris Committee
for the construction of the Nicaraguan Canal, a copy of a letter addressed to
2 F
214
that Board by M. Belly, reporting his arrival at Greytown with his staff, and the
steps which he was about to take in prosecution of his scheme.
Her Majesty's Government have no connection with M. Belly. They
would gladly see this important route constructed and thrown open to the
commerce of the whole world, but it is a matter of indifference to Her Majesty's
Government by what Company or Association it is brought into operation, and
you will, consequently, not interfere in any disputes to which the competing
claims of rival companies may give rise, although you will advise the Nicaraguan
Government to deal with perfect fairness in regard to all parties.
With reference to the measures resorted to by the Nicaraguans, on the false
alarm of a descent of filibusters at Salinas, I have to instruct you to recommend
the Nicaraguan Government to make reparation for the mistake which the
authorities committed in seizing two steamers of the White Company, and in
arresting a number of American citizens, and you will state that the Nicaraguan
Government must not expect any support from Her Majesty's Government in
this matter.
. The assistance which Her Majesty's Government are prepared to render to.
Nicaragua is confined to repelling attacks of filibusters during the period of your
mission, and to a guarantee of the neutrality of the transit route; but even if it
were otherwise, Nicaragua, in the case in question, is clearly in the wrong, and
could, therefore, not look for any support from this country.
I am, &c.
(Signed) MALMESBURY.
TO
No. 172.
The Earl of Malmesbury to Lord Lyons.
My Lord,
Foreign Office, April 28, 1859.
I INCLOSE, for your Lordship’s information, a copy of an instruction
which I have addressed to Sir W. Ouseley, * relative to M. Belly, and directing
him to recommend the Nicaraguan Government to make reparation for the
inistake which the Nicaraguans committed in arresting American citizens, and in
seizing two steamers belonging to the White Company.
I am, &c.
(Signed) MALMESBURY.
No. 173.
Lord Napier to the Earl of Malmesbury.—(Received April 25.)
Extract.)
Washington, April 11, 1859.
AFTER I had presented my letter of recall to the President, this forenoon,
some reflections were passed upon the existing relations between Great Britain
and the United States, which were qualified by the President as being happily of
the most friendly character. The President, however, added, in very temperate
language, an expression of regret that the negotiations of Sir William Ouseley
had not resulted in the cotemporaneous conclusion of both the contemplated
Treaties with Nicaragua; and, moreover, that in the Transit Treaty with that
Government a clause had been inserted which was superfluous, as far as England
was concerned, and which never could be assented to by the United States. He
referred to the last clause of Article XXII, which stipulates that the organization
of píratical expeditions shall not be permitted in Her Majesty's dominions, and
that British subjects shall not be allowed to take part in the intestine dissensions
of Nicaragua. :“Such a stipulation," said the President," “ as you well know,
would not obtain six votes in the Senate.”
I was compelled to agree with the President in what he said respecting the
effect of the provisions referred to, as far as regards the United States. I added
that I presumed Sir William Ouseley had consented to adopt it, because it had
been strongly urged on him by the Nicaraguan Government, and that without
this concession his whole negotiation might, perhaps, have been frustrated ; and
I added the expression of my hope that the Cass-Yrissari Treaty might be
returned to the American Government ratified, and without the obnoxious
clause.
* No. 171.
:.215
-
General Cass, who was present, remarked that in his conversations with
Sir William Ouseley, he had intimated that the Government of the United
States could not possibly accept an amendment to the Treaty negotiated with
M. Yrissari, such as had been introduced.
No. 174.
General Cass to Mr. Dallas.-(Communicated to the Earl of Malmesbury by
Mr. Dallas, April 29.)
U
Sir,
Department of State, Washington, April 12, 1859.
RECENT information from Nicaragua renders it necessary that I should
call your attention to the unsatisfactory condition of affairs in that quarter.
The good results which were anticipated from Sir W. Gore Ouseley's
Mission have not been accomplished. On the contrary, since his arrival in
Central America new complications have arisen there, which threaten still
further to embarrass the difficult questions which, it was hoped, had nearly
reached their honourable adjustment. This is the more unexpected, because on
the important subjects with which he had to deal, the Governments of the
United States and of Great Britain, after many years of unavailing discussion,
had concurred, at last, in a conclusion, which was substantially acceptable to
both parties. This conclusion is sufficiently described in my note to Lord Napier
of November 8, 1858, and in the reply to that note from Lord Malmesbury,
A copy of the former note was some time since furnished you, and a copy of the
latter is herewith transmitted. They will enable you distinctly to understand in
what manner the Central American questions were expected by both Govern-
ments to be speedily and satisfactorily adjusted, after the arrival in Nicaragua
of the British Plenipotentiary. He was to negotiate with that Republic a
Convention relinquishing the Mosquito Protectorate, and a further Treaty of
Commerce and Transit, similar in its terms to the Cass-Yrissari Treaty, which had
previously met the approval of Great Britain. As soon as possible after the
conclusion of these Treaties, he was to put himself in communication with
Honduras for the purpose of relinquishing to that Republic the Bay Islands,
which Great Britain regarded itself as almost under a national promise to cede,
and to the terms and conditions of which cession Her Britannic Majesty's
Government did not allow itself to foresee any serious impediment.
. The first obstacle in the way of this general adjustment was the failure of
Nicaragua to ratify the Cass-Yrissari Treaty, which had been negotiated as long
ago as November 1857, and had been detained by the Nicaraguan Government
under circumstances of marked indignity to the United States. It was necessary
to the restoration of cordial relations between this Government and Nicaragua
that this obstacle should be removed, and thus the way made easy for that
co-operation on the part of the Representatives respectively of the United States
and Great Britain, in the accomplishment of their common purposes, which was
contemplated by the terms of the Clayton-Bulwer Treaty, and was especially to
be anticipated after the happy agreement of the two countries upon the mode of
settling satisfactorily their long-pending differences in Central America.
In our negotiations in that quarter no reserve had been exercised towards
the British Government, but as soon as the Cass-Yrissari Treaty had been nego-
tiated, it was made a subject of free conversation with Lord Napier, who commu-
nicated a copy of it to his Government, by which it was soon after approved. The
Treaty itself, in the very spirit of the Clayton-Bulwer Treaty, provides for the
enjoyment of the same free transit across the Isthmus by other nations which it
secures for the United States.
It was supposed then, that after a frank interchange of views between General
Lamar and Sir W. G. Ouseley, it would be determined to commence the work
of amicable adjustment in Central America, by securing the prompt ratification
of the Cass-Yrissari Treaty. A notice to Nicaragua, that this was the first step
in the proposed negotiations would readily have accomplished the desired object,
and could not have failed to be followed by the most favourable results.
The work of arranging the terms and conditions of the relinquishment by
Great Britain of the Mosquito Protectorate would naturally have been facilitated
by this removal of an irritating subject from the field of Nicaraguan negotiation,
2 F 2
216
while at the same time a useful lesson would have been taught to the Nica-
raguan Government.
No insuperable difficulty was anticipated in carrying this arrangement into
effect, and the United States were prepared to render every assistance in their
power towards its successful result. It was regarded necessarily as an object of
the greatest importance both to the United States and Great Britain, because
until this was accomplished the adjustment of the Central American questions,
according to the views of Lord Malmesbury in his letter of December 8, 1858,
was manifestly impossible.
Another purpose which Sir W. Gore Ouseley was expected to accomplish
was the conclusion of a Treaty of Commerce and Transit with Nicaragua, similar
in its terms to the Cass-Yrissari Treaty.
If the latter Treaty had been ratified, another Treaty of the same general
character could have been negotiated without any difficulty whatever. Incon-
testably, therefore, it was not of pressing importance that this should be the first
subject to receive the attention of the British Envoy. The great object to be
attained was the amicable settlement of the Central American questions which
were in controversy between the United States and Great Britain, and both
Governments doubtless expected that this objcct would be speedily accom-
plished.
This expectation has wholly failed. The Cass-Yrissari Treaty, instead of V
being promptly ratified at the opening of the Nicaraguan Congress, seems to
have received no attention whatever. There has been no relinquishment of the
Mosquito Protectorate, nor is this Government informed what negotiations, if
any, have been had upon the subject. No interchange of views appears to have
taken place between the British and American Ministers, but, on the contrary,
Sir W. Gore Quseley is understood to have pursued his negotiations without any
reference whatever to the United States, or that spirit of co-operation which is
clearly contemplated in the Clayton-Bulwer Treaty. Indeed, from the very
moment of his arrival in Nicaragua, the disposition of the Government towards
the United States seems to have become more and more unfavourable, and its
conduct has conformed throughout to this apparent change of disposition.
While the Cass-Yrissari Treaty has not been ratified, and the Mosquito
Protectorate has not been relinquished, a Treaty has been made with Great
Britain, and confirmed by Nicaragua, without serious difficulty or delay. This
Treaty, which is for the most part a copy of our own, contains an additional
clause on the subject of armed expeditions, whose effect, if it should be accepted,
must be to control the legislation of Great Britain, and prevent it from repeal-
ing, should it be inclined to do so, its Foreign Enlistment Act. The United
States are no further interested in this addition than that it is made by Nicaragua
the occasion for defeating the Cuss-Yr'issari Treaty, because this Government
would never think of surrendering the control of its own legislation as required
by Nicaragua, and had previously rejected this very amendment, which is now
incorporated into the Treaty with Great Britain.
The views of the President on this amendment, and the offensive course
pursued by Nicaragua in relation to the Treaty generally, you will find fully
stated in my note to General Lamar of the 1st instant, a copy of which is annexed.
You will there also find that a new outrage has been added to the indignities
previously offered to the United States in the seizure by the Nicaraguan autho-
rities of two river steamers, which were the property of one of our Transit
Companies.
This condition of affairs in Nicaragua, and the utter failure of Sir W. Gore
Ouseley's mission to accomplish the desirable results expected from it, has
occasioned great regret to this Government. It was not a case, as this Govern-
ment understood, where two nations were struggling for exclusive advantages,
each being anxious to secure privileges for itself without regard to the other ;
but what was to be done in Central America was the far better and more
honourable work of a mutual adjustment, by two great nations, for the benefit of
both, of a difficult and long-standing subject of controversy. Why this fortunate
result has not been reached, still less, why some approaches have not been
made towards it, it is extremely difficult to understand. Certainly this Govern-
ment has been sincerely anxious to see it accomplished, and no doubt is entertained
but that a similar anxiety is felt with equal sincerity by the Government of Great
Britain. It is because the President relies with the fullest confidence upon the
12
217
good faith of tbe British Government, and its earnest desire to bring to a conclu-
sion the Central American difficulties, that he feels at liberty to communicate
thus frankly and unreservedly the views and statements contained in this
despatch. Whatever may have occasioned the embarrassments in Nicaragua, he
feels quite sure that Her Britannic Majesty's Government will not hesitate to
employ all the means within its power to remove then. Entertaining this
belief, he confidently expects that the objects mentioned in Lord Malmesbury's
note of December 8, 1858, will yet be satisfactorily attained through the prompt
action of the British Government, and that the Clayton-Bulwer Treaty will be
thus carried into execution, substantially according to the construction which
has always been placed upon it by the United States.
The course towards Nicaragua which this Government may be compelled to
pursue for the protection of its own honour and the just rights of its citizens is
sufficiently indicated in the accompanying papers, and will be steadily persevered
in. Our forbearance towards that weak Republic has only been repaid by injury
and insult, and we owe it to ourselves to secure by other means that justice
which all peaceful exertions have failed to obtain.
You will read this letter to the Earl of Malmesbury, and will leave with him
a copy of it.
I am, &c.
(Signed) LEWIS CASS.
Inclosure in No. 174.
Mr. Cass to Mr. Lamar.
Sir,
Department of State, Washington, July 25, 1858.
THE serious causes of complaint existing on the part of the United States
against the Governments of Nicaragua and Costa Rica have already been made
known to you, and you have received the necessary instructions to demand of
those Governments prompt and ample reparation for the injuries for which they
are responsible. You will again draw their attention to this subject, and
especially the attention of the Government of Costa Rica, of which we have the
most cause to complain for wrongs done to our citizens, and urge the immediate
action of both Governments in order that the United States may not be
compelled to resort to other measures to secure that justice to which they are
entitled, and which they are determined to obtain.
Recently, however, grave events have occurred in that region which have
still more complicated our relations with those Republics.
Your various despatches, Nos. 8, 9, and 10, with the accompanying
papers, reached the Department a few days ago, and have engaged my attention.
The information you communicate is important, though much of it is little
creditable to the Governments with which you have to deal. And, besides the
information received from you, two documents have reached here from Europe,
L.
requiring the attention of the Government; one of which purports to be al
contract for opening a canal, of which you were not aware at the time you
wrote; while the other contains a kind of manifesto, issued by the Presidents of
Nicaragua and Costa Rica against the United States, as irreconcileable with the
proprieties of their position as with the true state of the facts which have
furnished the occasion for this misrepresentation.
These papers do not come to us through an official channel, but still
circumstances indicate that they are authentic. I inclose copies of both of them.
Your first step will be, by a categorical inquiry, to ascertain whether this
manifesto or declaration is genuine, and if you find it is not, any further
proceedings in relation to it will be unnecessary. In order that the views and
intentions of the United States respecting their relations with Nicaragua and
Costa Rica should be fully inade known to those Governments, you will
communicate to their proper officers, respectively, a copy of this despatch,
omitting, however, such portions of it as relates to this manifesto, should its
authenticity be disavowed.
On receiving this extraordinary declaration, the first impression of the
President was to take measures to ascertain its authenticity, and if found
218
authentic, then to recall the Minister of the United States to Nicaragua and
Costa Rica and to dismiss their Ministers accredited to this Government.
And had such a cause of offence been given by France or England, or by any
other nation with a well-established Government, properly appreciating its
duties towards foreign Powers, this course would at once have been adopted.
But the United States in this case will take counsel, not from their rights, but
from the condition of these Republics, and they will not hold the people respon-.
sible upon this occasion for this undignified exhibition of ill-feeling, which is
rebuked by the whole history of their intercourse with this country.
The United States are, as they have ever been, sincerely desirous of the
prosperity of the States of Central America, and of the establishment of free,
stable, and enlightened Governments among them. And the instructions with
which you were furnished when you departed upon your mission, and which
were made known to the Governments of the States, to which you were
accredited, bear undeniable evidence of this disposition. You were told that a
Federal system, resembling in its outlines that of the United States, was
admirably adapted to their condition, and that the people of the United
States would be gratified to find a similar one established there, and would see in!
the measure itself a pledge of future stability in their political institutions, and
of improvement in all the elements of advancement. And you were instructed,
whenever circumstances should render it proper, to suggest these considerations,
avoiding, however, all appearance of dictation; and placing your suggestions on
the true ground, the interest the people of this country feel in the prosperity of
that fertile and valuable region. And, still animated with these sentiments, the
United States will deal with forbearance with this uncourteous provocation, having
no fear that their moderation will be misunderstood. But you will give these
Governments distinctly to understand that a suitable reparation will be insisted
on, or the United States will no longer be restrained by the considerations I have
adverted to from seeking, by more efficacious means, proper redress for these
unworthy imputations.
Besides the reproaches of which this effusion of ill-feeling is made the
medium of communication to the world, it indicates a line of policy looking to
European intervention in American affairs to which the United States have
long since avowed their opposition, and which they will resist under all circum-
stance. I refer to the protectorate demanded by this proclamation, and to the
appeal to the Governments of France, England, and Sardinia, to assume the
duties attached to that position.
Before proceeding, however, to this subject, there is another which I desire
first to dispose of, and which concerns events that have been connected with the
relations between these countries and the United States.
It is asserted by these “ Supreme Chiefs of the Republic of Nicaragua and
Costa Rica” that, at the time they issued this document (May 1, 1858), a
filibustering expedition menaced those States, and was at that time preparing to
invade them, and that the movement was to be made under the patronage of the
Government of the United States, with a view to take possession of Central
America, if Central America refused to surrender itself voluntarily to this
country. This absurd intimation-declaration rather--that the United States
were urging the annexation of this whole Isthmian region, is made with as much
gravity as though the authors of it had the actual proof of the fact before them.
The assertion is unworthy of refutation ; but it justifies some general observa-
tions connected with this matter.
That unlawful warlike enterprises have been carried on from the United
States, composed of persons from different countries, against the territory of
Nicaragua, is not to be denied. But during the whole progress of these illegal
efforts, the Government of this country has faithfully performed the duty
imposed upon it by the laws, as well through public proclamations against such
enterprises as by giving the necessary directions to the proper officers to prevent
their organization and departure, as by invoking the action of the judicial tribu-
nals, and also by the employment of its naval force.
It is unnecessary to support these assertions by detailed proofs. They are
as well known in Costa Rica and Nicaragua as here. Sometimes, indeed, owing
to the defect of proof, it has not been in the power of the Government to
arrest these expeditions ; but even when its exertions have not succeeded in
preventing their departure, they have been fairly and generally successfully
219
24
directed to prevent reinforcements of men and material from reaching the
adventurers who had eluded the vigilance of the officers of the law.
The good faith of the United States in relation to these illegal undertakings
has been much misunderstood and misrepresented, both in Central America and
elsewhere. A brief recurrence, however, to the true state of the facts would
remove many of the erroneous impressions which have prevailed. It would
show to every impartial inquirer, what is indeed known to the present rulers of
Nicaragua, that the origin of these attempts is due to the intestine difficulties of
that country, and to the interference and application of persons of high authority
there, supported by the concurrence of a portion of the population.
Under such circumstances the first expedition of this kind left the United
States in June 1855, and it was soon afterwards claimed that the party with
which it acted, and whose interests it had promoted, had obtained such posses-
sion of the country as to entitle its authorities to be recognized as the actual
Government of Nicaragua. The Government of the United States, however,
withheld this recognition, and the expedition ultimately failed of success. And
subsequently the American authorities, at a critical period, probably prevented
by their intervention the accomplishment of another effort to overthrow the
existing Government by a military invasion. It is little creditable to the
candour of the President of Nicaragua that these circumstances have been
entirely overlooked in his earnest desire to cast reproach upon this country.
But there is another consideration not less decisive in forming an estimate
of the conduct of the United States under these circumstances. A fresh
invasion, says this accusatory manifesto, is preparing under the patronage of the
Government of the United States for the purpose of definitively taking possession
of Central America, &c.
I have already said that time has shown the error of this assertion, and
ought to bring with it a due acknowledgment. No such expedition has left this
country, nor in fact, so far as I know, was one then contemplated. But a
review of this subject presents a yet more powerfnl justification of the policy of
the American Government. There has been no period since these projects were
first set on foot by the Nicaraguan invitation when they would not probably
have been successful had the laws of the United States against such military
enterprises been repealed or suspended by the legislative authority, or been left
unenforced by the executive authority. The State of Nicaragua owes its
political existence, or rather its present rulers owe the power they exercise, to
the laws of the United States as executed by this Government, and the return
for this fidelity is the undignified denunciation which has been given to the
world. The most careless observer of passing events must be convinced that if
military expeditions met no opposition in the United States from the public
authorities, the spirit of adventure originally called into action by Nicaragua
itself, and fostered by subsequent occurrences, would send to that country
without delay bands of enterprising men who would soon attain the control of
its affairs and change the whole course of its policy, probably of its destiny.
But the Presidents of these Republics deal in specific facts as well as in more
general allegations. They charge that “the Government of the United States
has, according to official reports made to that of Costa Rica by its Minister
Plenipotentiary at Washington, declared it was utterly powerless to prevent past
attempts by the filibusters, or to protect the neutrality of Central America, owing
to the insufficiency of the laws of the United States on this head.”
This accusation is wholly without foundation. No such declaration was
ever made by the Government of the United States. It would have been an act
at once of fatuity and of falsity. As to the difficulties in the enforcement of
these laws, they are not denied, and have given much trouble to the Government
in the efforts it has made to carry them into effect; but that they are powerless,
or have proved so, no one, in or out of the United States, has the right to assert.
The Representatives of the Central American States may be called on as witnesses
that, in all cases where they have given information to the Government that
military expeditions against that region were about to be undertaken, measures
have been immediately adopted to prevent their success, and to arrest and punish
the offenders. Sometimes these efforts have failed, owing to causes not within
the control of the Government, and sometimes they have been successful; but
at all times, the knowledge of the disposition of the Government to discharge
energetically the duties imposed on it by the laws has operated as a powerful
-
220
3
Y
restraint upon these enterprises, and has crippled the means relied upon for their
consummation. To these views, connected with this charge of acknowledged
imbecility, I have now to add that I have just had an interview with the present
Minister Plenipotentiary of Costa Rica in this city, and have been assured by
him that no such declaration was ever received by him from this Government,
nor communicated to his own. If such a communication was ever made by
any one in good faith, it must have been done under some strange misappre-
'hension.
I perceive that you also occupy a place in this grave document, and that
your “boasts in public," it is said, as to the course which will be pursued by the
United States in the event of the failure of Nicaragua to ratify the recent Treaty,
have been deemed important enough to be introduced into this catalogue of
national complaints. I have no doubt but that whoever has watched you, with
a view to listen to and report your conversation, has grossly misreported you.
But the Presidents of Nicaragua and Costa Rica have much to learn in the duties
of a just and wise administration, if they consider it proper or dignified to collect
the remarks of foreign Ministers in conversation, and gravely report then to the
world as grievances demanding its interposition, or at any rate its condemnation.
If you had given any just cause of dissatisfaction to the Governments of those
Republics, as I am satisfied you have not, there was another course open to
them, far more befitting the occasion than this, and that was, to make a repre-
sentation of the circumstances to the Government of the United States, in which
case an inquiry would have been instituted, and an efficient remedy, if necessary,
would have been applied.
As to the statement it has been thought proper to make, that “all the
official Agents of the United States in Nicaragua have been the accomplices and
auxiliaries of the invaders,” 'I know nothing of it except what is mentioned in
this paper, and its position there in the absence of all proof is not sufficient to
entitle it to confidence. I repeat the assurance already given with relation to
yourself, that if any of these Agents have justly rendered themselves obnoxious
to such charges, let the Governments considering themselves injured by their
conduct, transmit to this Department specific charges, embodying these or any
other accusations, with evidence in support of them, and the subject shall receive
immediate attention, followed by such action as may be justly called for.
As to the Protectorate which is invoked for the “independence and
nationality of the Republics of Nicaragua and Costa Rica,” it is a subject very
easily disposed of, so far as the United States have any concern in the question. -
The President has no belief that either of the Powers thus publicly and impro-
perly appealed to, has ever given the least encouragement to such a proposition,
nor had any reason to anticipate it. The French Government has voluntarily
V disclaimed any connection with M, Belly, and has given assurances that it has
no designs upon Central America, but, on the contrary, has avoided any inter-
ference of that kind. A guarantee for the general use and security of a transit
route, and also for its neutrality, is a desirable measure which would meet the
hearty concurrence of the United States. These views have already been made
known to the Governments of Costa Rica and Nicaragua, and they have been
informed "that the President indulges the hope that these routes may yet be
considered, by general consent, as neutral highways of the world, not to be
disturbed by the operations of war.”
These great avenues of intercommunication are vastly interesting to all
commercial Powers, and all may well join in securing their freedom and use
against those dangers to which they are exposed from aggressions or outrages,
originating within or without the territories through which they pass.
But the establishment of a political Protectorate by any of the Powers of
Europe, over any of the independent States of this Continent, or, in other words,
the introduction of a scheme or policy which would carry with it a right to inter-
fere in their concerns, is a measure to which the United States have long sincet
avowed their opposition, and which, should the attempt be made, they will resist
by all the means in their power.
The reasons for the attitude they have assumed have been fully promul-
gated, and are everywhere well known. There is no need upon this occasion to
recapitulate them. They are founded on the political circumstances of the
American Continent, which has interests of its own, and ought to have a policy
of its own, disconnected from many of the questions which are continually
7
: 221
presenting themselves in Europe, concerning the balance of power, and other
subjects of controversy, arising out of the condition of its States, and which often 2
find their solution or their postponement in war. It is of paramount importance
to the States of this hemisphere that they should have no entangling union with
the Powers of the Old World; a connection which would almost necessarily
make them parties to wars having no interest in them, and which would often
involve them in hostilities with the other American States contiguous or remote .
The years which have passed by since this principle of separation was first
announced by the United States, have served still more to satisfy the people of
this country of its wisdom, and to fortify their resolution to maintain it, happen
what may.
The progress of events has rendered the interoceanic routes across the
narrow portions of Central America vastly important to the commercial world,
and especially to the United States, whose possessions extending along the
Atlantic and Pacific coasts demand the speediest and easiest modes of commu-
nication. While the just rights of sovereignty of the States occupying this
region should always be respected, we shall expect that these rights will
be exercised in a spirit befitting the occasion, and the wants and circum-
stances that have arisen. Sovereignty has its duties as well as its rights, and
none of these local Governments, even if administered with more regard to the
just demands of other nations than they have been, would be permitted, in a
spirit of Eastern isolation, to close these gates of intercourse on the great highways
of the world, and justify the act by the pretension that these avenues of trade
and travel belong to them, and that they choose to shut them, or, what is almost
equivalent, to encumber them with such unjust regulations as would prevent
their general use. The United States do not seek either the control or the
exclusive use of these routes. They desire that the advantages should be equally
common to all nations. Nor do they claim to interfere with the local govern-
ments in the determination of the questions connected with the opening of the
routes, and with the persons with whom contracts may be made for that purpose.
What they do desire, and mean to accomplish, is that the great interests involved
in this subject should not he sacrificed to any unworthy motive, but should be
guarded from abuse, and that when fair contracts are fairly entered into with
American citizens, they should not be wantonly violated.
Other nations will no doubt pursue the same course in relation to their
citizens or subjects who may have similar interests.
But besides these general considerations applicable to this subject, there are
others which impose additional obligations upon these Isthmian Powers, and
which bear with equal force upon their relations with other nations. Several of
these Powers, and Nicaragua especially, have in fact, by their public proceedings,
invited the co-operation of the capital, and industry, and enterprise of the world
in order to open these lines of communication. The citizens of the United States
have contributed their full share towards the accomplishment of the enterprise, and
this Government intends to use the means in its power to protect them in the
enjoyment of their rights. The good faith of Nicaragua has been committed,
and large sums have been expended looking to its faithful observance.
A paper has recently appeared in the public journals, to which I have
already referred, purporting to be a contract between the Governments—the
Presidents rather-of Costa Rica and of Nicaragua, and M. Belly, a French
citizen, and his associates, constituting a new Canal-route Company, and providing
for its operations. Nothing is known here officially of the authenticity of this
paper, but it carries with it a strong probability that it is genuine, and presuming
it to be so, it furnishes you with an occasion to lay before these Governments
the views of the United States respecting their own interests, and the interests
of their citizens involved in the contracts for opening transit routes. So far as
regards the action of Costa Rica, the President adheres to the views laid down
in the instructions to our special Agent, Mr. Jones, a copy of which has been
communicated to those Governments, and also furnished to yourself. And the
United States, while they interpose no objection to an amicable adjustment by
those Republics of the question of their boundary line, will recognize no arrange-
ment which interferes with the existing transit interests as insisted on in those
instructions.
The United States no more claim for their citizens an exclusive right to
form contracts for opening these transit routes, than they claim for them the
2 G
222
.
exclusive use of the routes when the work is completed. Their construction is
à fair object of competition for the citizens and subjects of all other Powers.
The work is ás open to M. Belly and his associates as to any other enterprising
person. There are but two points connected with this matter which have any
interest for the United States, or which would justify their intervention. The
first is, that no contract with M. Belly, or with any one indeed, should interfere
with engagements previously existing with American citizens, but that all such
engagements should be preserved in violate; and the second is, that the regula-
tions and conditions of the grant should be such as to render the routes free and
safe to all nations, but controlled by no one, and upon mcderate and reasonable
terms. It would be equally impolitic and unjust for these Governments, in a
desire to make these great undertakings profitable to themselves, without
furnishing any contribution towards their construction, to levy onerous charges
upon the persons and property destined to pass over them, and by this means
interpose serious obstacles to their general use. These local Governments should
look to the vast benefits which these enterprises will bring to the countries
through which they pass, and not strive by excessive impositions to make them
sources of revenue, and defeat, by this ill-judged measure, the very object sought
to be obtained.
It is not necessary that I should enter into a detailed examination of
M. Belly's contract. There are physical and financial obstacles, as well as
political ones, in the way of its execution, some of which can hardly be overcome.
I shall, therefore, only advert to one of the provisions, rather with a view to the
future proceedings of these Governments, than from any practical bearing it will
have in this case.
. But previously to doing so I will bring to your notice one extraordinary
stipulation which it could scarcely have been expected would be acceptable to
the United States, and which must have been entered into in the anticipation of
their objections to it. Those objections are insurmountable,
This obnoxious arrangement provides that the French Government shallL
have the right to keep two ships of war stationed in the waters of Lake Nicaragua
for the entire duration of the works.
I am persuaded that this proposition will meet no favour from the French
Government, and that its name has been introduced here unwarrantably and
without its knowledge. The equality and security of these interoceanic routes
constitute a great portion of their value to the world, and all commercial Powers
are interested in their maintenance. An exclusive right in one of these Powers
to exercise a permanent armed intervention would give serious cause of dissatis-
faction to all the others, and the United States freely avow their determination
to oppose such a measure should the Governments of Costa Rica and Nicaragua
attempt to carry it into effect. But there are additional conditions applicable to
this contract with M. Belly, and to other contracts for similar purposes entered
into by the Government of Nicaragua, which commend themselves to the
Government of the United States, and will not be disregarded. There are
several American citizens who, with different interests, claim to have formed
engagements with the proper authorities of Nicaragua for opening and using the
transit routes, with various stipulations defining their privileges and duties, and
some of these contracts have already been in operation. This Government has
neither the authority nor the disposition to deterınine the conflicting interests of
these claimants; but what it has the right to do, and what it is disposed to do,
is to require that the Government of Nicaragua should act in good faith
justly acquired and solemnly guaranteed. The United States believe it to be
their duty, and they mean to execute it, to watch over the persons and property
of their citizens visiting foreign countries, and to intervene for their protection
11
Wherever their citizens may go through the habitable globe when they
encounter injustice they may appeal to the Government of their country, and
the appeal will be examined into with a view to such action in their behalf as it
may be proper to take. It is impossible to define in advance and with precision
those cases in which the national power may be exerted for their relief, or to
what extent relief shall be afforded. Circumstances as they arise must prescribe
the rule of action. In countries where well defined and established laws are in
223
DLL
judges, cases will rarely occur where such intervention will be necessary. But
these elements of confidence and security are not everywhere found, and where
that is unfortunately the case, the United States are called upon to be more
vigilant in watching over their citizens, and to interpose efficiently for their
protection when they are subjected to tortious proceedings, by the direct action
of the Government, or by its indisposition or inability to discharge its duties.
. But there is yet another consideration which calls for the attention of this
Government. These contracts with their citizens have a national importance.
They affect not ordinary interests merely, but questions of great value, political,
commercial, and social, and the United States are fully justified by the consi-
derations already adverted to in taking care that they are not wantonly violated,
and the safe establishment of an interoceanic communication put to hazard or
indefinitely postponed. The course of the Government of Nicaragua with
relation to these engagements contains nothing in it reassuring for the future.
Contracts duly executed with all the forms of law, carrying with them important
vested rights, have been arbitrarily set aside by Executive Decrees-a mode of
proceeding not recognized in the contracts themselves, and without resorting
to the action of judicial tribunals. The facts in dispute have been unjustly
assumed, and the hand of violerice has been laid upon solemn engagements,
which ought to have found their security in the good faith of the Government.
I am not aware that in any case has the forfeiture of a contract been declared in
any other way than by an arbitrary Executive Decree. This is a state of things
to which no nation is bound to submit. It is vain to expect that the means of
men and money required from other nations for the execution of these works
will be furnished in the face of such manifestations of bad faith. Without
confidence these great enterprises must fail ; nor is it probable that one of them
requiring a heavy outlay would now be undertaken and completed without some
surer guarantee for their protection than would be furnished by the engagements
of these Central American States. The danger of violation is too well known
and appreciated to justify the expectation of the investment of capital under
such unpropitious circumstances.
So long as a pecuniary object is supposed to furnish a motive for rescinding
existing contracts and forming new ones, without any regard to vested rights, no
progress will be made in the construction of canals, or of other permanent and
expensive works for transportation.
The United States, acting in behalf of their citizens, object to this system
of confiscation, and they do not doubt but that they will have the concurrence
of all other Powers who have similar interests in these vastly important
measures. What the United States demand is, that in all cases where their citizens
have entered into contracts with the proper Nicaraguan authorities, and ques-
tions have arisen, or shall arise, respecting the fidelity of their execution, no
declaration of forfeiture, either past or to come, shall possess any binding force
unless pronounced in conformity with the provisions of the contract, if there are
any, or if there is no provision for that purpose, then unless there has been a
fair and impartial investigation in such a manner as to satisfy the United
States that the proceeding has been just, and that the decision ought to be
submitted to.
Without some security of this kind, this Government will consider itself.
warranted, whenever a proper cases arises, in interposing by such means as it may
think justifiable in behalf of its citizens who may have been or who may be
injured by such unjust assumption of power.
The course of the Government of Nicaragua with relation to the Treaty
concluded by the Plenipotentiaries of that Republic and of the United States on.
the 16th of November last, has given serious dissatisfaction to the President.
That Treaty, had it been ratified by both parties, would have provided for the
satisfactory arrangement of all the unsettled questions between them. It was
negotiated by agents furnished with full powers, and on its reception in Nica-
ragua it met the approbation of the President and was sent by him to the
constituent assembly for its ratification, and was constitutionally ratified by that
body. The disposition since made of it is unknown to this Government. It is
known, however, that the just expectations of this Government have been disap-
pointed, and that, too, under circumstances of the most unpleasant character.
Assurances were more than once received from the Nicaraguan Minister here,
and I am well persuaded he believed them, that the Treaty had been ratified and
2 G 2
224
TYY
.
was already on its way to this country by a special Messenger, and you also were
firmly persuaded, by the circumstances you stated, that such had been the action
of the Nicaraguan Government.
. On the 28th of March you announced to this Department the ratifications
of the Treaty, and on the 28th of April you reported that you had been led into
error upon this subject. You explained the causes which had misled you, and
certainly they were such as to justify the impression they produced and to lead
to the conviction that you were intentionally deceived. It is deeply to be
regretted that the President of that Republic, when he received your congratu-
lations upon the ratification of the Treaty, did not promptly and frankly point
out to you your error, so that you might communicate the true condition of
affairs to your own Government.
You refer to a conversation which you had with the Minister of Foreign
Relations on the 26th of May, and during which he made representations which
it is difficult to reconcile with the proprieties belonging to his position, or with
the facts themselves, so far as these are known to this Department. At this
interview, as an excuse for the inaction of the Nicaraguan Government, he stated
to you that certain amendments and modifications had been forwarded to
Mr. Buchanan, and that as soon as Mr. Buchanan's answer was received, which
he said would be in about eight days from that time, the Government would be
able to speak more definitely about its fate. This personal reference to the Chief
Magistrate of a country, with the avowal that a correspondence had been opened
with him by the Minister of Foreign Affairs of another Government, is a proce-
dure at once uncourteous and unusual in the intercourse of nations. But besides
this objection, there is yet another. No application has been made for a
modification of the Treaty, either to the Chief Magistrate himself or to the officer
charged under his directions with the management of the foreign relations of the
country. This statement of the Minister, therefore, is only a new and unsuc-
cessful effort to account for the delays' which have taken place, and adds,
obviously, to the responsibility of the Government of Nicaragua.
No explanation has been received from that Government justifying or
extenuating its proceeding, nor is it known here what is the present situation of
the Treaty, nor what disposition it is intended to make of it. Had it been duly
ratified and exchanged, it would have removed all existing causes of complaint,
and would have laid the foundation for the most amicable relations and the most
useful and active intercourse between the two countries The conduct of the
Government of Nicaragua has still more complicated those relations, and placed
the two countries in a critical position.
This Government, however, yet indulges the hope that a returning sense of
justice may induce the Governments of Nicaragua and Costa Rica to recognize
their duties and to afford redress for the serious causes of complaint which the
United States have urged.
But it is proper they should both distinctly understand that the American
people and Government have yielded enough to the weakness of those Republics,
and without doing them injustice, they will now take care and do justice to
themselves. Preparatory to such action as may be necessary, a naval force will
be stationed at San Juan del Norte, and also at San Juan del Sur, and at Realejo,
with orders to afford all necessary protection to the persons and property of
American citizens, and the commanding officers will be directed to communicate
with you, and you will not fail to keep them advised upon all subjects which
may relate to the execution of the duties thus entrusted to them.
I am, &c.
(Signed) LEWIS CASS.
1
.
No. 175.
The Earl of Malmesbury to Sir W. G. Ouseley.
Foreign Office, April 30, 1859.
I HAVE to state to you that Mr. Dallas called at the Foreign Office
yesterday, in order to read to me a despatch which he had received from General
Cass, expressing the uneasiness with which the Government of the United
States regarded the progress of your negotiations with Nicaragua ; those negotia.
225
tions having, up to the last dates from Central America, left untouched the .
question of the surrender of the Mosquito Protectorate, while they had resulted in
the conclusion of a Commercial Treaty, which had been ratified by Nicaragua,
although that Republic had refused to ratify the Commercial Treaty which it had
concluded a year previously with the United States. General Cass also observes
upon the objectionable nature of the clause to which you had agreed concerning
armed expeditions, and says that that addition is inade by Nicaragua the occasion
for defeating the Cass-Yrissari Treaty.
I informed Mr. Dallas in reply, that Her Majesty's Government had
already expressed to you their regret that you should have proceeded to nego-
tiate the Commercial Treaty with Nicaragua, in apparent disregard of that which
is by far the more important of the two, viz., the Treaty for the surrender of the
Mosquito Protectorate, and that Her Majesty's Government had informed you
that Her Majesty would not be advised to ratify the one without the other
also.
I further informed Mr. Dallas that Her Majesty's Government had rejected
the clause to which you had agreed on the subject of armed expeditions, which
they, equally with the Government of the United States, regarded as in the
highest degree objectionable.
I have now to urge upon you in the strongest manner the necessity of
your bringing these negotiations to a conclusion in exact conformity with your
instructions. Her Majesty's Government deprecate the delay which has already
taken place, and they desire that you will make every effort to conclude the
Treaties, and to bring them home with you.
I am, &c.
(Signed) MALMESBURY.
No. 176.
'Sir W. G. Ouseley to the Earl of Malmesbury.--(Received May 2.)
My Lord,
San José, Costa Rica, March 30, 1859.
I HAVE the honour to transmit to your Lordship copy of a note that I
addressed, on the 22nd instant, to Señor Zeledon, Nicaraguan Minister for
Foreign Affairs, from this capital, urging, in conformity with the instructions
contained in your Lordship’s despatch of the 16th February, the immediate
settlement of the Mosquito Treaty, and stating the position of that negotiation
at the time of my departure from Nicaragua for Costa Rica.
On the subsequent receipt of the note, of which copy and translation are
inclosed, from Señor Zeledon, I replied, in the letter of the 29th, of which I
have the honour to forward a copy, clearly informing the Nicaraguan Govern-
ment that the alterations proposed in his note (which may be considered as a
counter-project) are inadmissible, and that the general Treaty will not be
ratified until the Mosquito question is satisfactorily settled.
I much regret that the imperfect means of communication prevented my
receiving your Lordship's instructions not to sign the Treaty of Friendship and
Commerce, unless that respecting Mosquito were also completed, until my
arrival at this place, some weeks after the former had been signed. My stay in
Nicaragua, as I have the honour of explaining in another despatch, would have
been a complete loss of time, as the Nicaraguan Government had, as I have
l'eason to suppose, to consult and make arrangements with other Governments
of Central America, as well as with their own supporters in the Chambers, before
Señor Zeledon could be authorized to conclude the proposed Convention.
I have, &c.
* W. G. OUSELEY.
Inclosure 1 in No. 176.
Sir W. G. Ouseley to Señor Zeledon.
San José, Costa Rica, March 22, 1859.
THE Undersigned, &c., has not yet received the answer that was promised
by Señor Zeledon, Minister of Foreign Relations of the Republic of Nicaragua,
226
to the written and personal communications on the subject of the 66 Treaty
relative to the Mosquito Indians, and to the rights and claims of British
subjects.”
The Undersigned is aware of the embarrassing position of the Nicaraguan
Government when the Treaty was first taken into consideration, caused by the
renewed movements of the filibusters at various points on the Mosquito coast
itself, as well as on the Pacific, and accepted Señor Zeledon's explanations of the
delay requested, founded on the threatened attacks of the piratical adventurers,
as also on the necessity for consulting the Representatives on a cession which,
though long claimed as a matter of great moment to the national and territorial
interests of Central America, vet in the details of its execution required, in the
opinion of the Government of Nicaragua, mature consideration, as involving
questions of expenditure, boundary, and the settlement of many claims, as well
Allowing due weight to these reasons for some delay, the Undersigned
agreed to meet Señor Zeledon in the course of a few weeks from the time of his
departure from Nicaragua, at Realejo or Chiriandega, for the purpose of
concluding and signing the Mosquito Convention, and, in the interim, as his
duty required his presence here, the time would not be lost, and the Treaty
respecting Mosquitia might thus be signed and forwarded to England but a
few weeks later than that of Friendship and Commerce, and, practically, be
carried into effect simultaneously with the former.
Such were the views of the Undersigned on leaving Nicaragua for Costa
Rica, and such the understanding with Señor Zeledon.
Since his arrival at San José, the receipt of despatches from Her Majesty's
Government makes it the duty of the Undersigned formally to repeat his urgent
request that the Government of Nicaragua will lose no time in concluding the
Convention relative to Mosquitia, in order that the Treaty of Friendship and
Commerce may be ratified by Her Majesty's Government.
In a word, until the Mosquitia Treaty be concluded, the general Treaty
will remain inoperative, as both Treaties must be regarded as a whole, and
inseparable, except in form, and can only be ratified by Her Majesty as such.
The Undersigned, &c. . . (Signed) W. G. OUSELEY.
Inclosure 2 in No. 176.
Señor Zeledon to Sir W. G. Ouseley.
Excelentisimo Señor, Palacio Nacional, Managua, Marzo 8 de 1859.
EL Infrascrito, Ministro de Relaciones, tiene el honor de dirigirse á
Sir W. G. Quseley, &c., manifestandole que el Supremo Gobierno de quien
depende consultó al Senado de la República con el proyecto de Convencion
relativo á los Indios Mosquitos y territorio que ocupan; y que, de acuerdo con
el dictamen de aquella Honorable Cámara, esta dispuesto á entrar en la
negociacion de tal Convencion, bajo las bases siguientes:
1. Que la soberania de la República y su dominio eminente sobre aquel
territorio queden bien definidos.
2. Que el territorio separado para los Indios Mosquitos les pertenezca en
propiedad superficiaria para aprovecharse de él y sus frutos en comun, ó los
individuos en particular, conforme a las reglas de administracion que adopten,
sin facultad de enagenar á otra nacion.
3. Que los Indios Mosquitos gozarán del derecho de gobernarse por sus
costumbres ó leyes municipales que adopten, no contrarias á los soberanos
derechos de la República de Nicaragua, y de nombrar su Consejo ó Consejos
Municipales para llevarlas á efecto, en gobierno y proteccion de las personas y
propiedades pertenecientes á sus gentes, ó de las que se han conexionado con
ellos y viven en su territorio, ó tienen propiedades en el; cuyas costumbres,
leyes municipales, y autoridades son reconocidas, afirmadas, y garantizadas por
la República de Nicaragua sin perjuicio de los pactos y arreglos voluntarios que
puedan tener lugar entre la República de Nicaragua y los Indios Mosquitos, por
los que pueden ser incorporados en la República, bajo sus leyes y gobierno
generales, y considerados como los demás habitantes de la República."
4. Se excluye de la Convencion lo relativo á limites con Costa Ricaj por
227
estar arreglados entre las dos Repúblicas; y en orden á la República de Honduras
la Convencion será sin perjuicio de los derechos de ella.
5. Todas las concesiones bona fide de tierra para debida consideracion hechas
en nombre y por la autoridad de los Indios Mosquitos desde el 1 de Enero de
1848, que esten fuera de los limites definidos para ellos en la Convencion, serán
confirmadas, no excediendo de cien vardas cuadradas en los limites de San Juan
ó Greytown, ó una legua cuadrada fuera de estos, y en tanto que no contrarien
otras concesiones legales hechas antes de esa fecha por la España, la República
de Centro-America ó cualquiera de los Estados de la misma, y con tal que no
incluyan territorio que los Gobiernos de los Estados necesiten para fuertes,
arsenales ú otros edificios públicos; este reconocimiento no comprende en manera
alguna concesiones hechas antes del 1 de Enero de 1848, y las concesiones
dichas en la base anterior que sean de buena fe, pero exceden la extension en que
deben ser reconocidas, serán reducidas á ella, y en el caso de no reconocerse por
necesitarse el territorio para fuertes, arsenales, ú otros edificios publicos, se les
conipensará con igual porcion en otro terreno.
: 6. La República de Nicaragua constituirá y declarará al Puerto de San Juan
ó Greytown puerto libre bajo la soberana autoridad de la República, cuyos
habitantes gozarán de perfecta libertad de creencia religiosa y adoracion pública
y privada, y del juicio por jurado en sus propios negocios. No podrán imponerse
derechos sobre los efectos importados ó exportados en tránsito ni sobre los que
se consuman en dicha poblacion, sino los necesarios para la policia del puerto y
mantenimiento de faros y boyas. Los mismos habitantes estarán libres del
servicio militar, sino él para la defensa del puerto ó costa respectiva, y para la
policia de la misma poblacion.
7. La República de Nicaragua separará parte de los derechos que paguen
los efectos introducidos para el consumo de ella, y de acuerdo con Su Magestad
Británica será empleada esta renta por diez años en la civilizacion y catequizacion
de los Indios Mosquitos.
8. Todo el territorio en la costit del Atlántico que por esta Convencion
corresponde á la soberania de Nicaragua queda bajo la proteccion y garantia de
Su Magestad Británica hasta que por un Tratado triple las garantías del Tratado
Clayton-Bulwer sean convenidas entre la Gran Bretaña, los Estados Unidos, y.
Nicaragua.
Estos son los principios esenciales bajo los cuales la Convencion propuesta
puede tener lugar entre Su Magestad Británica y Nicaragua, y acomodados á
ellos los demás Articulos que ella contiene.
Si su Excelencia el Señor Ouseley, como es de esperarse, se sirve acceder,
el Gobierno del Infrascrito estará dispuesto a autorizar é instruir un Ministro
que, al regreso de su Excelencia á esta República, pueda ajustarla y concluirla.
El Infrascrito, &c.
(Signed) . PEDRO ŽELEDON.
(Translation.)
Most Excellent Sir,
National Palace, Managua, March 8, 1859.
THE Undersigned, Minister for Foreign Affairs, has the honour to acquaint
Sir William Gore Ouseley, &c., that the Supreme Government which he
serves has consulted the Senate of the Republic upon the draft of Convention
relative to the Mosquito Indians and the territory which they occupy; and that,
in accordance with the decision of that Honourable Chamber, it is willing to
enter upon the negotiation of that Convention upon the following bases :-
1. That the sovereignty of the Republic and its eminent dominion (“ dominio
eminente”) over that territory shall be distinctly defined.
2. That the territory set apart for the Mosquito Indians shall belong to
them, in superficial possession,* to have the usufruct of it and of its productions,
in common or among particular individuals, in conformity with the administrative
regulations which they may adopt, and without the right of alienating it to
another nation.
3. That the Mosquito Indians shall enjoy the right of governing themselves
by their own customs and municipal laws which they may adopt, and which
shall not be inconsistent with the sovereign rights of the Republic of Nicaragua,
* I do not know the English technical term for “ propiedad superficiaria." It means, I believe,
that the holders of such property are not to possess or work any mines which may exist on it,--
W. W. F. S.
228
19
and of appointing a Council or Councils to carry them into effect, for the govern-
ment and protection of persons and property belonging to their people, or to
those who have connected themselves with them or reside within their territory,
or who hold property therein ; whose customs, municipal laws, and authorities
are recognized, confirmed, and guaranteed by the Republic of Nicaragua, without
prejudice to any voluntary compacts or agreements between the Republic of
Nicaragua and the Mosquito Indians, by which the latter may become incorpo-
rated into the Republic, under its laws and general government, and considered
as the other inhabitants of the Republic.
4. All that relates to the boundaries with Costa Rica to be omitted from
the Convention, as they have been arranged between the two Republics; and
the Convention shall not prejudice the rights of Honduras.
5. All bona fide grants of land, for due consideration, made in the name and
by the authority of the Mosquito Indians since the 1st of January, 1848, and
which are beyond the limits assigned to those Indians by the Convention, shall
be confirmed, provided they do not exceed 100 square yards if within the limits
of San Juan or Greytown, or a square league if outside those limits, and
provided that such grants do not interfere with other valid grants made before
that time by Spain, the Republic of Central America, or any of the States of
Central America, and provided that such grants do not comprise territory which
the Governments of those States may require for forts, arsenals, or other
public buildings. This recognition does not in any wise apply to grants made
before the 1st of January, 1848; and such grants referred to in the former clause
as may have been made bona fide, but exceed the stipulated extent, shall be
reduced to that extent; and if those grants shall not be confirmed because the
land included in them may be required for forts, arsenals, or other public
buildings, an equivalent extent of territory shall be allotted to the grantees in
some other part.
6. The Republic of Nicaragua shall constitute and declare the port of San
Juan or Greytown a free port, under the sovereign authority of the Republic,
whose inhabitants shall enjoy perfect freedom of religious belief and worship,
public and private, and trial by jury in their own affairs. No duties on goods
imported or exported shall be imposed in transit, or upon those required for
consumption within the city, except such as may be necessary for the police of
the port and the maintenance of lighthouses and buoys.
7. The Republic of Nicaragua shall set aside a part of the duties levied
upon goods introduced for consumption within the Republic; and, with Her
Britannic Majesty's concurrence, that revenue shall be employed for ten years
in the civilization and catechization of the Mosquito Indians.
8. All the territory along the Atlantic coast which by their ,Convention
appertains to the sovereignty of Nicaragua remains under the protection and
guarantee of Her Britannic Majesty, until, by a triple Treaty, the guarantees of
the Clayton-Bulwer Treaty shall be agreed upon between Great Britain, the
United States, and Nicaragua.
These are the essential principles upon which the proposed Convention may
be concluded between Her Britannic Majesty and Nicaragua ; and the other
Articles contained in that Convention (must be) made conformable to these
principles.
If his Excellency Sir William Ouseley, as it is to be hoped, should be
pleased to accede to them, the Government of the Undersigned will be disposed
to authorize and instruct a Minister who, on his Excellency's return to this
Republic, will be able to arrange and conclude the Convention.
The Undersigned, &c.
(Signed) PEDRO ZELEDON.
17
Inclosure 3 in No. 176.
Sir W. G. Ouseley to Señor Zeledon.
Sir,
San José, Costa Rica, March 29, 1859.
SINCE my note of the 22nd instant was written, I had the honour to
receive your Excellency's letter of the 8th instant. The immediate return of
the courier only allows me time at present to acknowledge the receipt of this
communication, and to state to your Excellency that I am not empowered to
TY
1
LUUN
Ulf
229
admit any such alterations as those proposed in your letter ; but am instructed
to abide by the literal terms of the Draft of Convention in the hands of the
Nicaraguan Government, and that, unless the Convention respecting Mosquitia
be completed, the present Treaty, as being incomplete without the other, will not
be ratified, and thus fall to the ground.
· I am the more anxious that the Government of Nicaragua should be
promptly and clearly informed of the decision of Her Majesty's Government on
this head, as, unless the ratifications be exchanged within six months, the General
Treaty will be null and void, and, therefore, the completion of that relative to
Mosquitia (without which the other will not be ratified) becomes the more
urgent.
Finally, it is my duty to remind your Excellency that, in order to obviate
discussion or complications that might interfere with the provisions regarding
the transit route, it is absolutely necessary that the Mosquitia Treaty be com-
pleted without delay.
I have, &c.
(Signed) W. G: OUSELEY.
No. 177.
Sir W. G, Ouseley to the Earl of Malmesbury.-(Received May 2.)
(Extract.)
San José, Costa Rica, March 30, 1859.
WALKER, passing under the name of Wilson, and above 150 of his
followers, calling themselves emigrants, lately passed by railroad the Isthmus,
and sailed from Panamá for California, whence they propose to invade Nicaragua
and Costa Rica.
I do not trouble your Lordship with the details of this expedition, as
Mr. Consul Wallis has most fully reported them to the Foreign Office, in a
despatch that he has been good enough to show me, and which will reach your
Lordship by the same mail that takes this.
As the information respecting the renewed operations of these pirates has,
I believe, been obtained through intercepted correspondence, it is not impossible
that the plans thus disclosed are not those really adopted by the buccaneers, but
are stated purposely to mislead. It seems probable that their true object is to
invade Nicaragua ; their attacks on Costa Rica having hitherto been defeated by
the activity and military spirit of the Costa Ricans, who in one of the last
engagements that took place, not only drove off the marauders, but shot about
a score of prisoners made on the occasion. On the other hand, it is not
improbable that this act of justice may have raised a vindictive feeling that,
strengthened by a hope of profitable plunder, will induce Walker to try to sack
Punta Arenas, the port of entry of Costa Rica where the exports and imports
remain in depôt, and the Custom-house generally holds considerable sums pro-
ceeding from the duties there levied.
Punta Arenas is entirely without means of defence.
As my private correspondence from different parts of the United States
confirins (sometimes unintentionally or incidentally) these reports of intended
attacks on Central America, I forwarded in a private letter the information I
possessed to the Nicaraguan Government, to put them on their guard. I learn
from the United States that the so-called General Henningsen, on former occa-
sions Walker's second in command, has succeeded in recruiting a considerable
number of idle, depraved, and reckless adventurers (Americanicè “ loafer's ''), a
class daily increasing, numbers of whom are to be found in all parts of the
United States, especially in the Southern States, at whose head he proceeds
across Mexico to meet Walker and his band in California, where they have
secured means of transport for about 1,200 or 1,500 men, for a descent upon
Central America.
Perhaps the most unfavourable circumstance that now threatens these
States is that Henningsen has, I learn, through the active agency of Mr. Soulé,
obtained funds to (it is said) a large amount, subscribed by those who favour
Walker's attempts.
One competent authority, however, says that the invasion of Sonora is their
feal object, As Henningsen's views have, to my certain knowledge, for some
2 H
230
informed the Frenchcon José, of all that is sile prepared to ac
time been directed against Mexico rather than Central America, this appears not
improbable, and the reports of invasion of Central America may be circulated
as a blind.
I have informed the French Admiral now at Punta Arenas, through his
flag captain, who at present is at San José, of all that is reported as to these
meditated movements, and am glad to find that he is fully prepared to act
vigorously and decisively against the filibusters.
P.S.During Walker's last occupation of parts of Nicaragua, he desecrated
the churches, dressed his men in the Priest's vestments, and parodied the
elevation of the Host. · Finding that he did not gain anything by such proceed-
ings, he, this time before embarking for the expedition now preparing, became
a Roman Catholic, and made a public ceremony of his conversion.
No. 178.
-
Sir W. G. Ouseley to the Earl of Malmesbury.-(Received May 2.)
(Extract)
San José, Costa Rica, March 31, 1859.
WITH reference to your Lordship's despatch of the 16th of February
last, which I had the honour of receiving at this place, I beg leave to explain
that my first report was “meagre,” because, beyond the fact of having had some
meetings with the Nicaraguan Plenipotentiary, and vague general promises being
given of readiness to act in conformity with the wishes of Her Majesty's Govern-
ment, to which your Lordship would not have attached much importance, there
was really little or nothing to report.
Your Lordship will recollect that I mentioned that the Government was,
when I arrived, making a progress through the different districts, and although I
managed so as to meet the President and Señor Zeledon at Realejo, at Chinandega,
and Leon at short intervals, I considered that in the objects of my mission no
real progress would, or could, be made until the translations into Spanish were
ready, and the Government was stationary. The Chambers were about to meet,
and this caused considerable interruption to Señor Zeledon, himself a Senator.
"There has been no real delay in the negotiation of the Mosquito Treaty.
It was physically impossible, from the delay of my journey, for the Mosquito
Treaty to be completed as early as Her Majesty's Government wished, or pari
passu with that of Friendship and Commerce, inasmuch as the Nicaraguan
Plenipotentiary could not commence that negotiation without a reference to
Greytown, to the Government of the district of Matagalpa, on the frontier of
Mosquito, and also, I suspected, and am now certain, to that of Costa Rica. More-
over, the Chambers were about to assemble, by whom the whole question of
Mosquitia and Greytown was to be decided, rather than by the Executive.
Under these circumstances, after speaking generally on the Mosquito
Treaty, purposely to draw Señor Zeledon's attention, I received the note to
which your Lordship’s despatch refers.
Waiting for the conclusion of the Mosquito Convention would have
prevented that of the General Treaty; while the completion of the latter would
hasten the settlement of the Mosquito and Greytown question, for this reason :
one of the chief embarrassments of the Central American Governments is their
inability to prevent the occupation of Greytown by the filibusters when protec-
tion is withdrawn. Before the necessary preliminary steps (of reference to
Greytown and other distant places) could be accomplished-indeed, during the first
fortnight of January--the filibuster movements commenced, and have continued
at intervals ever since. I presurned that it was useless to urge the Nicaraguan
Government at that moment.
The Nicaraguan Government is much more inclined to accept the conditions
of the Mosquito Treaty, now that they conceive that the clause respecting the
transit will empower Great Britain at least to protect the communications
across Nicaragua. They are also in daily hopes of hearing that the Treaty with
France is signed, and then they consider that the settlement of the Mosquito
question will be much facilitated.
Finally, Nicaragua would not have made any arrangement of the question,
excepting in conjunction with Costa Rica, to whom they look for military and
material aid,
231
Under these circumstances, I decided on coming directly hither. I can
negotiate the General Treaty with Costa Rica, without losing time by waiting
in Nicaragua; and as the conditions are now defined and peremptory, Nicaragua
will strive to accept them. If she cannot, or will not, Her Majesty's Govern-
ment keeps in its hands the power of refusing to ratify the General Treaty. I
purposely made the term for ratification short (six months), in order to hasten
their movements on the Mosquito question.
No. 179.
Sir W. G. Ouseley to the Earl of Malmesbury.--(Received May 2.)
(Extract.) .
San José, Costa Rica, April 1, 1859.
. I HAVE communicated to Baron Didelot, Flag Captain to Vice-Admiral
Bonard, Commander-in-chief of the French squadron in the Pacific, the principal
instructions in my possession from the Admiralty to the Commander-in-chief and
senior officers on the Atlantic and Pacific coasts, and find that they are, mutatis
mutandis, to the same effect as those issued by the French Minister of Marine,
as to the mode of procedure against filibusters, and the aid to be given, at the
request of the Central American Governments.
No. 180.
Sir W. G. Ouseley to the Earl of Malmesbury.—(Received May 2.)
(Extract.)
, San José, Costa Rica, April 2, 1859.
ALTHOUGH on my arrival here the President was in the country, I
have had several opportunities of versing with his Excellency.
I found the President ready & converse with me on the subject of the
Mosquito arrangement and others of interest. He completely confirmed my
suspicion that the Nicaraguan Government would take no step in the affair
until they had referred to Costa Rica.
The immediate departure of the mail does not allow me to enter into all
the details of the President's communication by this opportunity ; but if I am to
credit his assurances and those of Señor Toledo, the Minister of Foreign
Relations) there will be no difficulty made on the part of Costa Rica in
conforming to the wishes and proposals of Her Majesty's Government, whether
on the Mosquito or any other question.
No. 181.
Sir W. G. Ouseley to the Earl of Malmesbury.-(Received May 2.)
1
My Lord,
San José, Costa Rica, April 2, 1859.
AWARE of the desire of Her Majesty's Government for the speedy
settlement of the Greytown and Mosquito questions, and the cession of the
Protectorate over those territories, I have, according to your Lordship’s instruc-
tions, endeavoured to hasten the conclusion of the Convention on that subject,
for some time in course of negotiation; and it becomes now my duty to state to
your Lordship that the chief delay and difficulties that have prevented the
Government of Nicaragua from at once accepting the proposal of Her Majesty's
Government have been caused by the movements of the filibusters. These
outlaws have sailed from ports in the United States, where they have chartered
vessels to transport men and munitions of war, and to attack different parts of
Central America ; among others, the Mosquito coast itself.
The late expedition, the plan of which was to attack Central America
sinultaneously from the Atlantic and Pacific coasts, only failed in consequence
of the shipwreck of the “ Susan," near Belize, and by the conduct of the captain
of a steamer employed by the accomplices of Walker in the Pacific, who was, it
is asserted, bribed to abandon his vessel.
Although the piratical designs of the freebooters were in this instance
2 H 2
232
0
disappointed, yet they completely succeeded in preventing the Nicaraguan
Government from concluding the Treaty for the cession of Mosquitia, and the
general settlement of the questions at issue.
One of the chief objects of these buccaneers in endeavouring, by these
perplexing and harassing attacks, to prevent the signature of the Treaty, is,
doubtless, to cause difficulty, if possible, between Her Majesty's Government
and that of the United States, and to prolong the duration of subjects of
contention.
: Were the United States' Government to put a stop to the organization of
the lawless expeditions now preparing in the United States, and forcibly to
prevent the sailing of the filibuster vessels, or capture them at sea, there would
be little difficulty or delay in carrying into effect your Lordship's instructions, as
Nicaragua has long claimed dominion over the territory now under the Protec-
torate of Great Britain, and the Nicaraguan Plenipotentiary has even very lately
appealed, in conversation with myself, to the generous moderation of Her
Majesty's Government on this and other vexed questions.
I have, &c.
(Signed) W. G. OUSELEY.
No. 182.
Sir W. G. Ouseley to the Earl of Malmesbury.- (Received May 2.)
(Extract.)
San José, Costa Rica, April 2, 1859.
I HAD yesterday the honour of presenting the Queen's letter to the
President of Costa Rica, accrediting me as Her Majesty's Envoy Extraordinary
and Minister Plenipotentiary to this Government.
When I first arrived the President was in the country, whither he often
goes at this season. I did not ask for a formal audience when I first arrived,
as two mails from the Foreign Office were missing, which it was desirable to
receive before my official reception.
I have the honour of transmitting copy of my address to the President.
Inclosure in No. 182.
Address of Sir W. G. Ouseley on presenting his Credentials to the President of
Costa Rica.
V
I HAVE the honour to present to your Excellency the letter in which the
Queen my august Sovereign has deigned to accredit me as Her Majesty's
Envoy Extraordiaary and Minister Plenipotentiary to the Government over
which your Excellency presides.
I trust that the Mission with which I have the honour to be charged will.
have the result of drawing still closer the ties of friendship and good feeling that
have long happily subsisted between our respective countries.
Great Britain, ever desirous of peace and good understanding with all the
nations of the world, has, in virtue of her vast Empire in this hemisphere, a
special interest in cultivating the most amicable relations with every American
State, particularly with those whose productions, industry, and commerce, are,
like those of Costa Rica, daily increasing under the fostering care of an intelligent
Government; while the gallant conduct of its people in defence of their homes,
their altars, and their country, gives to their well-wishers, among whom I trust
to be counted, just hopes that they may be as successful in repelling future
piratical attacks as they may have been on former occasions.
I may be allowed to congratulate your Excellency, as President of Costa
Rica, on the success of the measures adopted for furthering the agricultural and
commercial prosperity of this Republic, and myself, on having the honour and
gratification of being accredited to its able and enlightened ruler.
233
No. 185.
H0
Sir W. G. Ouscley to the Earl of Malmesbury.-(Received May 2.)
My Lord,
San José, Costa Rica, April 2, 1859.
I HAVE the honour to acknowledge the receipt of your Lordship's despatch
of the 16th of February, desiring me to forward to Mr. Wyke the full powers
enabling him to negotiate with the Government of Guatemala respecting the
boundary between that Republic and British Honduras.
. Baron Didelot, Flag Captain to Admiral Bonard, who returns this day to
Punta Arenas, and who will proceed at once in the flag-ship - Andromède"
to Guatemala, is good enough to take charge of the full powers for Mr. Wyke.
If it had not been for this opportunity I could not have sent to Mr. Wyke until
the 19th instant, as there is only one monthly mail from this State to Guaternala,
and your Lordship's despatches reached me the day after the departure of the
last courier.
I have, &c.
(Signed) W. G. OUSELEY.
No. 184.
Consul Wallis to the Earl of Malmesbury.--(Received May 3.)
My Lord,
San José, Costa Rica, March 29, 1859.
I HAVE to report that Walker, of filibustering celebrity, has recently
passed through Panamá under the assued name of Wilson, and gone to San
Francisco. He was accompanied by Colonel Natzmur, who served with him in
Nicaragua, and a letter from the latter, addressed to a Frenchman in this,
has been intercepted by the Government. In it he states that, of the passengers
on board the steamer, 180 men are of Walker's party ; that they are on their
way to San Francisco, where they expect confidently to find from 1,000 to 1,500
men ready to come down, and steamers waiting for the purpose of bringing
them; and that their first visit will be to Punta Arenas, which they intend to
sack and destroy.
Taken in connection with the formation of the Colonization Societies by
Henningsen, and the fact of Garrison having given a free passage on his steamers
for San Francisco to all the discontented idlers at Frazer river, there is too much
reason to apprehend that another attempt is about to be made by Walker on
Central America.
Garrison, who owns several ocean steamers, and is a man of large means,
has already advanced at least 100,0001. on filibustering schemes, which will be
irretrievably lost unless Walker can be reinstated ; a sufficient reason for his
aiding in another attempt, even although it should be considered rather a
desperate one.
It would appear an imprudent act of Colonel Natzmur to commit the project
to paper, and send it to Costa Rica, if the intention were to carry it out ; but
neither he nor his principal have hitherto given reason for entertaining a high
opinion of their prudence or abilities. And it must be borne in mind that
Walker has little doubt of overcoming, without difficulty, any opposition he
might meet with in Nicaragua; while he has every reason to apprehend the
interference of Costa Rica, and he could find no means of crippling her resources
more effectually, and preventing that interference, than by sacking Punta
Arenas.
It only remains for me to add, that much of the property in Punta Arenas
is owned by British, French, and Sardinian subjects, and that the stocks of
produce waiting for shipment, nominally belonging to native merchants, are
destined for the payment of advances made them by commercial houses in
London, on which latter would fall the loss were Punta Arenas to be destroyed.
I have, &c.
(Signed) ALLAN WALLIS.
234
No. 185.
ULT
Lord Lyons to the Earl of Malmesbury.—(Received May 3.)
My Lord,
Washington, April 18, 1859.
IN obedience to the instruction given to me in your Lordship’s despatch
of the 1st ultimo, I took an opportunity, on the 13th instant, of mentioning
to General Cass that Her Majesty's Government are endeavouring, in accordance
with the policy explained in your Lordship’s despatch to Lord Napier dated the
8th of December last, to settle with the Government of Guatemala, on the basis
laid down in the Clarendon-Dallas Treaty, the frontier of Belize, so far as it is
conterminous with that Republic.
General Cass expressed the satisfaction with which he received this commu-
nication as a proof that Her Majesty's Government desired to acquaint the
President, in a frank and open manner, with such of their proceedings as were
connected with the question of Central America.
General Cass, in the course of a conversation which ensued, spoke strongly
respecting the perfect confidence entertained by the President that eventually Her
Majesty's Government would carry out, with the most absolute good faith, all the
arrangements respecting Central America, as they had been communicated to
the Government of the United States. He added, however, that the conclusion
by Sir William Ouseley of a Treaty of Commerce and Transit with Nicaragua,
without a simultaneous co-arrangement respecting the Mosquito Protectorate,
had caused considerable agitation in this country, and had given rise to attacks
upon the President in the public Press.
To-day, however, the General informed me that more recent intelligence
had proved to the President that the delay in concluding the co-arrangement.
respecting the Protectorate had proceeded exclusively from the Nicaraguan
Government, and was in no degree to be attributed to the British negotiator.
General Cass went on to say that he had, since I last saw him, received a
Treaty which had been negotiated by the American Plenipotentiary, General
Lamar, on the basis of that commonly called the Cass-Yrissari Treaty, and had
been ratified by Nicaragua. This Treaty, he said, was entirely acceptable to the
President except in one point: it still contained an Article relative to the execu-
tion of the laws of the United States against filibusters. This Article was less
objectionable in form than the Article on the same subject in the Treaty recently
concluded by Sir William Ouseley ; still, the stipulations appeared to be undig-
nified and superfluous. He did not, however, now apprehend any serious
difficulty on that point with Nicaragua. The President would probably let the
matter rest for the present; would, perhaps, wait to see what course Her Majesty's
Government took respecting the Article on the same subject in Sir William
Ouseley's Treaty. The President had, at present, no intention of rejecting the
Treaty on his own authority, and the question of formally ratifying it need not
be decided until the next session of the Senate should commence.
I have, &c.
(Signed) LYONS.
No. 186.
The Earl of Malmesbury to Lord Lyons.
My Lord,
Foreign Office, May 6, 1859.
YOUR Lordship is probably already aware of the fact reported in the
inclosed copy of a despatch from Mr. Consul Wallis,* that Walker has passed
through Panamá on his way to Central America, and that renewed attempts are
likely to be inade by the filibusters to obtain a footing in that country. ..
It is more than ever to be lamented that the Government of the United
States should not have found the means of effectually defeating the attempts of
these piratical marauders; for it seems from a despatch from Sir W. Ouseley of
which I inclose a copy,t that the main difficulty which has retarded the conclu-
sion of the Treaty with Nicaragua respecting the Mosquito territory has been
· the threatened attack of Walker and his followers.
* No. 184..
of No. 181.
235.
Your Lordship is instructed to read Sir. W. Ouseley's despatch to the
President and to the Secretary of State of the United States.
I am, &c. .
(Signed)*, MALMESBURY.
No. 187.
The Earl of Malmesbury to Lord Lyons.
My Lord,
Foreign Office, May 6, 1859.
I INCLOSE, for your Lordship’s information, a copy of a despatch
addressed by General Cass to Mr. Dallas respecting the Central American
negotiations, which has been communicated to me by Mr. Dallas.*
I also inclose a copy of an instruction which I have addressed to Sir
W Ouseley with reference thereto.
(Signed)
MALMESBURY.
No. 188.
The Earl of Malmesbury to Sir W. G. Ouseley.
Sir,
Foreign Ofice, May 9, 1859.
I HAVE received your despatch of the 31st of March, and I have to ,
state to you that, with one exception, Her Majesty's Government accept as
satisfactory the reasons which you assign for not having sooner proceeded to
negotiate the Convention relative to the Mosquitio territory; that exception
being your renewed reference to the impediments thrown in your way by the
· filibusters, which Her Majesty's Government have not heard of, there not having
been any fresh invasion of the territory of Nicaragua by filibusters since their
failure in 1857.
Her Majesty's Government now expect you to bring the Treaty respecting
Mosquito to an immediate conclusion, in order that it may be ready for ratifica-
tion together with the General Treaty, and as soon as both the Treaties are
signed and ratified by the Nicaraguan Government in the terms laid down in
your instructions, you will at once return home without delay, and bring the
Treaties with you.
I am, &c.
(Signed) MALMESBURY.
No. 189.
Lord Lyons to the Earl of Malmesbury.—(Received May 10.)
(Extract.)
Washington, April 25, 1859.
I HAD the day before yesterday an interview with General Cass, in the
course of which he expressed himself upon the affairs of Central America, in
very nearly the same terms which he used in the conversation on that subject,
of which I had the honour to make a report to your Lordship in my despatch
of the 18th instant. He repeated on this occasion, that the new Treaty
with Nicaragua was completely satisfactory, with the single exception of the
Article relative to “ filibustering,” and that this Article would not perhaps be
absolutely inadmissible, if it should be explained by a declaration that it did not
pretend to control the legislative action of the United States, but provided
only for the due execution of such laws as Congress might from time to time
enact. Still the Article was, he said, offensive and undignified, and the Treaty
would hardly be ratified unless it should be expunged. There was not, however,
any necessity for the President to come to a positive decision immediately ;
nothing definitive could be done until the Senate should. reassemble in the
* No. 174.
+ No. 175.
236
IS
winter. The President would perhaps wait to see what course Her Majesty's
Government would take with respect to the much stronger Article on the same
subject in Sir William Gore Ouseley's Treaty. .
General Cass proceeded to read to me an instruction, couched in forcible,
and indeed menacing language, which he had addressed to General Lamar, the
United States' Minister to Nicaragua, to be communicated to the Government of
that State, and which, he said, would be laid before your Lordship by Mr. Dallas.
I observed to General Cass that the state of affairs had considerably improved
since that instruction was written; that the principal grievance, the non-ratifica-
tion of the Cass-Yrissari Treaty, had been removed by the conclusion of a
Treaty, which, with the exception of an Article of little practical importance,
was acceptable to the President; that another cause of complaint, the seizure of
two United States' vessels, had not, I understood, been found upon inquiry to be
so serious as it had appeared at first; finally, that with reference to that part of
the instruction which specially alluded to Great Britain, I was happy to know
that information which he had recently received from Nicaragua had shown him
that the delay in concluding the Treaty for the abandonment of the Mosquito
Protectorate was not to be attributed to Her Majesty's Plenipotentiary. .
General Cass replied that he was happy to be able to concur entirely with
what I had just said. There was, he thought, no longer reason to apprehend
any serious difficulty with regard to the United States' Treaty with Nicaragua.
As to the seizure of the ships, it appeared that the Nicaraguan authorities had
acted under the pressure of fears perhaps not altogether unreasonable, and that
their conduct had not been so violent as at first reported. He was convinced
that the British Plenipotentiary was not to blame for the delay with regard to
the abandonment of the Mosquito Protectorate; nevertheless, the delay was
unfortunate, and had annoyed the President, because it gave a colour to the
insinuations against the American Cabinet, and against Her Majesty's Govern-
ment, which abounded in the Opposition newspapers.
'I said to General Cass that Her Majesty's Government were, I knew, as
much displeased as he himself was at the delay in concluding the Protectorate
Treaty; that Nicaragua had no right to expect to reap the advantage of the
Treaty of Commerce and Transit, until she had agreed to the stipulations
respecting the Protectorate, which were of an importance at least equally press.
ing in the eyes of Her Majesty's Government; that although the Treaties had
not been concluded simultaneously, I thought it probable that the ratifications
would nevertheless be simultaneous.
General Cass expressed very great satisfaction with what I had said. He
dwelt upon the importance of terminating as expeditiously as possible, not only
this matter of the Protectorate, but also the negotiation with Honduras, and
the whole Central American question. He said that he did not doubt that Her
Majesty's Government were entirely of this opinion, and that he had implicit
confidence in their sincerity and good faith.
General Cass concluded the conversation by telling me that he considered
the Central American question to be in a fair way to be soon settled.
No. 190.
The Earl of Malmesbury to Lord Lyons.
My Lord,
Foreign Office, May 11, 1859.
I INCLOSE, for your Lordship's information, a copy of a despatch from
Sir W. Ouseley,* explaining his proceedings with reference to the negotiation of
the Treaty with Nicaragua relative to the Mosquito territory. I also inclose a
copy of my answer to Sir W. Ouseley.t
I am, &c.
(Signed) MALMESBURY.
* No. 178.
+ No, 188.
237
YT
No. 191.
M. de Marcoleta to the Earl of Malmesbury.-(Received May 12.)
M. le Comte,
Paris, le 11 Mai, 1859.
UN messager spécial, arrivé à Paris par le dernier courrier venant des
Indes Occidentales, a été chargé de remettre, et a, en effet, remis, dans cette
Légation le Traité d'Amitié, de Commerce, et de Navigation signé à Leon, le
18 Février dernier, par le Plénipotentiaire de Sa Majesté Britannique et par
celui de la République de Nicaragua.
: Le Traité est accompagné de la ratification du Gouvernement et du pouvoir
nécessaire pour procéder à l'échange des ratifications.
D'un autre côté, votre Excellence m'a fait l'honneur de me faire savoir,
par sa lettre du 23 Avril dernier, que le Gouvernement de Sa Majesté désire y
introduire quelques modifications. Il est à présumer que votre Excellence a
renvoyé ce Traité à Sir W. G. Ouseley pour les effets convenables.
Je dois, cependant, M. le Comte, rendre compte à votre Excellence de la
réception du Traité. En m’acquittant de ce devoir et en attendant la réponso
que votre Excellence voudra bien me parvenir à ce sujet, je m'empresse de lui
réitérer l'assurance, &c.
(Signé) J. DE MARCOLETA.
(Translation.)
M. le Comte,
Paris, May 11, 1859.
A SPECIAL messenger, who has arrived at Paris by the last mail from
the West Indies, has been charged to deliver, and has accordingly delivered at
this Legation, the Treaty of Friendship, Commerce, and Navigation, signed at
Leon, the 18th of February last, by the Plenipotentiaries of Her Britannic
Majesty and of the Republic of Nicaragua.
The Treaty is accompanied by the ratification of the Government and by
the necessary power for proceeding to the exchange of the ratifications.
On the other hand, your Excellency has done me the honour to acquaint
me, by your letter of the 23rd of April last, that Her Majesty's Government
desire to introduce therein certain modifications. It is to be presumed that
your Excellency has returned this Treaty to Sir W. G. Ouseley for the adoption
of the proper measures.
I am bound, however, M. le Comte, to announce to your Excellency the
receipt of the Treaty. In fulfilling this duty, and waiting for the reply which
your Excellency may be so good as to return to me on this subject, I hasten to
renew the assurance, &c.
(Signed) J. DE MARCOLETA.
Sir,
No. 192.
The Earl of Malmesbury to M. de Marcoleta.
Foreign Office, May 14, 1859.
I HAVE the honour to acknowledge the receipt of your letter of the
llth instant, stating that although you are aware, from my letter of the 23rd of
April, that Her Majesty's Government desire to introduce certain modifications
into the Treaty signed by Sir W. Ouseley with the Government of Nicaragua,
and you presume, therefore, that I have sent that Treaty back to Sir W. Ouseley,
you think it right to inform me that a special messenger has arrived at Paris
bringing you the Treaty and its ratification by the Nicaraguan Government.
In conveying to you my thanks for this communication, I beg leave to
inform you that it is perfectly true that I have sent the Treaty back to Sir
W. Ouseley, because certain amendments had been introduced into it which
could not be accepted by Her Majesty's Government; and I must add that I
also informed him that that Treaty would only be ratified by Her Majesty
simultaneously with the Treaty respecting the Mosquito territory.
I am, &c.
(Signed) MALMESBURY.
2 ]
238
No. 193.
Sir,
The Earl of Malmesbury to Sir W. G. Ouseley.
Foreign Office, May 16, 1859.
I TRANSMIT, for your information, copies of my correspondence, as
marked in the margin,* with M. de Marcoleta, respecting the Treaty of Commerce
and Navigation which you have signed with the Government of Nicaragua. i
I am, &c.
(Signed) MALMESBURY.
No. 194.
Sir W. G. Ouseley to the Earl of Malmesbury.—(Received May 19:)
My Lord,
San José, Costa Rica, April 6, 1859.
I HAVE the honour to forward to your Lordship copy and translation of
the reply of the President of Costa Rica to my Address to his Excellency (of
which a copy was inclosed in my despatch of the 2nd instant) on presenting the
Queen's letter accrediting me as Her Majesty's Envoy Extraordinary and
Minister Plenipotentiary.
I have, &c.
(Signed) W. G. OUSELEY.
TI
Inclosure in No. 194.
Address of the President of Costa Rica to Sir W. G. Ouseley.
Excelentisimo Señor,
ALTAMENTE satisfactorio es para mi, recibir como Enviado Extraordinario
y Ministro Plenipotenciario de Su Magestad Británica, á Sir William Gore
Ouseley.
Las relaciones de buena inteligencia y amistad que desde mucho tiempo
· unen al Gobierno de Su Magestad la Reina de Inglaterra con el de esta República,
hacen que la recepcion de vuestra Excelencia sea mas placentera para el Pre-
sidente de Costa Rica.
Los honrosos precedentes que carácterizan á vuestra Excelencia, corre-
sponden bien á la grandesa é ilustracion del Gobierno que os ha acreditado, y de
la gran nacion que siempre ha hecho valer el derecho que proclaman süs leyes
en favor de los paises pequeños, tendiendo poderosamente á establecer el equilibrio
de las relaciones entre todos los pueblos civilizados de la tierra.
Si los pueblos de Costa Rica, comprendiendo la gravedad de sus deberes,
han sabido luchar y vencer en defensa de su patria y de su religion, ellos y su
Gobierno han descansado siempre en la opinion y simpatias de las grandes
naciones que, como la Inglaterra, los han favorecido con su amistad y poder
moral.
El Gobierno de Costa Rica espera, que si por desgracia otra vez se ve
amenazado su territorio por invasiones piráticas, la justicia de su causa, el valor
y denuedo de sus hijos en sostenerla, merezcan la acogida que los Gobiernos
rectos, grandes é ilustrados, como el de la Gran Bretaña, acuerdan á los pueblos
que llenan con honor y lealtad las obligaciones del patriotismo.
No dudo que vuestra Excelencia mereciendo, como merece, toda la consi-
deracion del Gobierno de esta República, contribuirá eficazmente á que sus
relaciones amistosas y comerciales con la Gran Bretaña se estrechen cada vez
mas por la reciprocidad de cordiales sentimientos entre ambos paises.
Abrigo esa conviccion, y mientras tanto procuraré que la mansion de vuestra
Excelencia en Costa Rica sea tan agradable cuanto es posible en medio de
nuestra naciente sociedad.
He dicho.
* Nos. 191 and 192.
239
(Translation.)
Most Excellent Sir,
IT is highly gratifying to me to receive Sir William Gore Ouseley as Her
Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary.
The relations of good understanding and friendship which have for many
years united the Government of Her Majesty the Queen of England with the
Government of this Republic, render the reception of your Excellency the more
agreeable to the President of Costa Rica.
The honourable antecedents of pour Excellency quite correspond with the
greatness and reputation of the Government which has accredited you, and of
the great nation which has always carried out the principle prociaimed by its
laws in favour of the lesser nations, thús greatly tending to establish the
equilibrium of the relations existing between all the civilized countries of the
earth.,
If the people of Costa Rica, comprehending the solemnity of their duties,
have known how to fight and to conquer in the defence of their country and of
their religion, they and their Government have always relied on the good opinion
and sympathy of the Great Powers who, like England, have favoured them with
their friendship and moral support.
The Government of Costa Rica hopes that if, unhappily, its territory should
be again menaced by piratical invasions, the justice of its cause, and the valour
and fortitude of its sons in its defence, would merit the approbation which
righteous, great, and famous nations accord to a people which fulfils with honour
and loyalty the obligations of patriotism.
I do not doubt that your Excellency, meriting, as you do, the entire respect
of the Government of this Republic, will contribute efficaciously to render still
more intimate the friendly and commercial relations with Great Britain by a
reciprocity of cordial sentiments between the two countries.
I maintain this conviction ; and in the meanwhile I will endeavour that
your Excellency's stay in Costa Rica shall be as agreeable as possible in the
midst of our dawning society.
I have spoken.
No. 195.
2
Mr. Wyke to the Earl of Malmesbury.—(Received May 19.)
. Guatemala, March 31, 1859.
(Extract.)
of the 16th ultimo, together with their inclosures, informing me that Her
Majesty's Government being desirous of arranging with that of Guatemala the
question of limits between the British Settlement of Belize and the Republic of
Guatemala, had determined to entrust this affair to my hands.
I have not yet received my full powers from Sir William Gorc Ouseley;
but I still hope to do so in time to enable me to leave Guatemala for England on
the 1st of May next, as already announced to your Lordship. My departure,
however, will, of course, now depend on the progress or otherwise of the negotia-
ions which your Lordship has entrusted to my care.
No. 196.
Lord Lyons to the Earl of Malmesbury.(Received May 24.)
(Extract.)
Washington, May 10, 1859.
I YESTERDAY in obedience to the orders conveyed to me by your
Lordship's despatch of the 21st ultimo, explained to General Cass the course
pursued by Her Majesty's Government in regard to the Treaty signed by
Sir William Gore Ouseley with the Government of Nicaragua on the 18th of
January last.
I pointed out to General Cass that Sir William Ouseley had consented to
various modifications of the terms which he had been directed to propose to
2 1 2
240
Nicaragua. Of these modifications there were, I said, several which Her
Majesty's Government could not approve; and among those disapproved, was
the clause concerning what were commonly called “filibustering” expeditions,
which had been added to Article XXII. This clause, Her Majesty's Govern-
ment considered as both unnecessary and undignified.
I proceeded to inform General Cass, that, in admitting the modifications in
question, Sir William Ouseley had acted entirely on his own responsibility, for
he had been furnished by Her Majesty's Government with drafts of the Treaties
to be concluded, and had been instructed not to assent to any alterations which
were not of a purely formal and immaterial character.
.
: Her Majesty's Government had, I went on to say, promptly refused to
ratify the Treaty as signed by Sir William Ouseley, and had instructed him to
sign a new Treaty, omitting the clauses objected to by Her Majesty's Govern-
ment. Sir William Ouseley had, moreover, been repeatedly directed distinctly to
inform the Government of Nicaragua that Her Majesty's Government regarded
the object of his mission, that is, the conclusion of the Treaty of Commerce and
of the Treaty respecting the Mosquito Protectorate, as a whole; and that one
Treaty would not be ratified without the other.
I had a fortnight previously been enabled by information afforded me by
your Lordship's despatch of the 30th of March last, to explain to General Cass
ihe sentiments of Her Majesty's Government in regard to these matters.
Nevertheless General Cass appeared to receive with very remarkable satis-
faction the more formal and definitive communication which, in execution
of your Lordship's orders, I made to him yesterday. He said very emphatically
that the course pursued by Her Majesty's Government was most honourable,
and that the President would be extremely gratified by my communication.
With respect to the recent Treaty between the United States and Nicaragua,
General Cass said, that, upon examination, it did not appear to be all that could
be wished; still the President was prepared to accept the whole of it, with the
single exception of the clause concerning filibustering expeditions.
No. 197.
Sir,
The Earl of Malmesbury to Sir W. G. Ouseley.
Foreign Office, May 25, 1859.
I HAVE received your despatch of the 30th of March last, in which
you transmit a copy of a communication from the Nicaraguan Minister for
Affairs, in regard to the Draft of Convention proposed to Nicaragua by Her
Majesty's Government respecting the Mosquito territory.
As the Nicaraguan Minister has only described the nature of the modifica-
tions which his Government desires, without submitting a regular counter Draft
of Convention, it is not possible for Her Majesty's Government to express a
decided opinion in regard to them. It is not clear whether the Nicaraguan
Minister proposes to suppress, or to preserve, such passages of the Draft of
Convention as are not specifically superseded by the modifications mentioned in
his lettr. For instance, it does not appear whether the proposal of Señor
Zeledon, that a sum shall be allotted for the instruction of the Mosquito Indians,
is intended to be in addition to, or in substitution for, the stipulation in the
Draft Convention that a pecuniary indemnity shall be given to the Mosquito
King for his interest in the territory to be ceded to Nicaragua. If it be intended
as an addition, there would be no objection to it; but if as a substitution, Her
Majesty's Government could not assent to it.
Neither could Her Majesty's Government assent to the proposed stipulation
by which Great Britain would be bound indefinitely to continue her protection of
the Mosquito coast until the conclusion of a joint arrangement between Great
Britain, the United States, and Nicaragua. The utmost that Her Majesty's
Government would consent to undertake, is to continue the British protection of
the Mosquito territory for the period of one year after the signature of the
Convention, so as to give Nicaragua time to prepare for its defence; it being, of
course, understood that the Nicaraguan Government is at liberty to take the
necessary military ineasures for that purpose within the territory.
241
19
I inclose the Draft of an Article to this effect, which you are at liberty to
nsert in the proposed Convention.
I may say generally, in regard to the modifications proposed by Señor
Zeledon, that, with the exception of the two to which I have already referred,
they do not appear to be of such a nature as to involve any insuperable diffi-
culties. If you find it impossible to obtain the Convention in the terms of our
Draft, your course must be to procure a counter Draft from the Nicaraguan and
Costa Rican Governments, and transmit it to me. Her Majesty's Government
will then consider it, with a sincere desire to make the arrangement as accept-
able to the Government of Nicaragua as may be consistent with the duty they
owe to the Mosquitos, and with their own desire to put an end to the protectorate
at the earliest possible period.
I am, &c.
(Signed) MALMESBURY.
Inclosure in No. 197.
Draft of Article.
IN order to afford to the Republic of Nicaragua the necessary time to prepare
for the defence of the territory reserved by the present Convention for the
Mosquito Indians, Her Britannic Majesty engages to continue her protection
thereof for the period of one year from the day of the signature of the Conven-
tion; it being understood that the Republic is at liberty, as soon as the ratifica-
tions shall have been exchanged, to take the necessary military measures for that
purpose within the said territory.
No. 198.
Lord Lyons to the Earl of Malmesbury.-(Received May 30.)
My Lord,
Washington, May 16, 1859.
I HAD the honour, on the 14th instant, to receive your Lordship's despatch
of the 28th ultimo, inclosing a copy of your despatch to Sir W. Ouseley of the
same date, giving him instructions relative to M. Belly, and directing him to
recommend to the Nicaraguan Government to make reparation for the mistake
made by Nicaraguan officers in arresting American citizens, and in seizing two
steamers belonging to the White Company,
It is so very important to correct authoritatively the misrepresentations
which are continually put forward here respecting the views and proceedings of
Her Majesty's Government with regard to Central America, that I thought it
would be desirable to make General Cass acquainted with the nature of the
instructions to Sir William Ouseley mentioned above. I accordingly took
advantage of an opportunity which occurred in the course of a conversation
which I had with the General the day before yesterday, and communicated to
him verbally the purport of those instructions.
I have, &c.
(Signed) LYONS.
7
No. 199.
Sir W. G. Ouseley to the Earl of Malmesbury.- (Received June 1.)
(Extract.)
San José, Costa Rica, April 23, 1859.
AFTER the arrival of President Mora at Punta Arenas, the day previous to
his embarkation on board the French Admiral's ship, his Excellency wrote to
me requesting that he inight have a passage in Her Majesty's ship “Vixen” on
242
VY
his return from San Juan dal Sur, for which I accordingly applied to Captain
Lambert. I have the honour to forward copies of the correspondence which
took place on this occasion.
As I had in the course of different conferences with the President stated to
his Excellency that I was most anxious for the immediate settlement of the
Mosquito and Greytown questions, and as he fully confirmed the idea which I
had entertained, and to which I have referred in former correspondence, viz.,
that the Government of Nicaragua would not or could not enter into the
required engagements without consultation with this Government, indeed, as it
looked to the co-operation of Costa Rica for the means of carrying into effect
the proposed Treaty, and more especially as President Mora declared his
readiness to do all in his power to further the wishes of Her Majesty's Govern-
ment in these and other matters, 1 availed myself of the opportunity to forward
a letter to Señor Zeledon under flying seal to General Martinez, to be delivered
by President Mora, pointing out the expediency of the immediate conclusion of
the Mosquito Treaty.
President Mora assured me that he thought that the result of his meeting
with General Martinez would be to remove the chief difficulties that prevented
the Nicaraguan Government from at once concluding the proposed Treaty.
The cession of the protectorate of Mosquitia and of Greytown has long
been desired by the Central American Governments, especially by those of Nica-
ragua and Costa Rica. The delay in concluding the proposed Convention arises
from many real difficulties in carrying its clauses into effect. The Nicaraguan
Government had to send to Greytown, to Matagalpa on the Mosquito frontier,
and especially to this capital in order to ascertain the disposition and state of
the present municipality of Greytown, the position and feelings of the Indians of
Mosquito, and, lastly, whether they could count on the military and financial
support of Costa Rica, so as to be enabled to carry into effect the proposed
arrangements. All these communications required some weeks at least.
1, both verbally and in writing, have suggested that they should at once
accept the general principles of the Treaty.
Inclosure 1 in No. 199.
2
Señor Moru to Sir W. G. Ouseley.
Señor,
(No date.)
AYER á las ocho de la noche tuve la satisfaccion de recibir una visita del
Señor Comandante del vapor de guerra Ingles el “Vixen," quien tuvo la
dignacion de poner á inis ordenes la barca de su inanda ; pero habiendo aceptado
el pasage abordo del “Andromède," que se sirvió ofrecerme el Señor Contra-
Almirante Frances, solo he podido recibir el obsequio del " Vixen” para mi
vuelta desde San Juan del Sur, feliz oportunidad debida á las ordenes y bonda-
dosos oficios de VS. que hizó resolver mi viage, pues de otra manera, no
habiendo podido medir el tiempo de mi ausencia, no habria debido decidirme.
Como hasta mi llegada á Esparza no pude fijar mi partida, no habio dicho
nada á VS. sobre los apuntimientos que se sirvió remitirme y sobre lo que yo
haré todo lo posible.
Yo estaré en disposicion de regresar en los ultimos dias del presente mes, en
cuya fecha me aproximará al dicho puerto de San Juan del Sur para volver á
embarcarme al primer aviso de la llegada del “ Vixen."
Al despedirme del Señor Ministro me cabe la satisfaccion de ofrecer me su
atento servidor, &c.
(Firmado) JUAN R. MORA.
(Translation.)
Sir,
(No date.)
LAST evening, at 8 o'clock, I had the pleasure of receiving a visit from
the Commander of the English war-steaner " Vixen," who was good enough to
place at my disposal the vessel under his command; but having accepted a
243
passage on board the “Andromède,” which the French Admiral had kindly
offered to me, I have only been able to accept the services of the “ Visen" for
my return from San Juan del Sur. This fortunate opportunity, which I owe to
your orders and good offices, has determined me to make the voyage; for, other-
wise, not being able to calculate on the time of my return, I could not have
decided on doing so.
As, until my arrival at Esparza, I was not able to resolve on my departure,
I had 110t said anything to you about the Memorandum (on the heads of the
Mosquito Convention) which you were good enough to transmit to me, and about
which I will do all that I possibly can..
I shall be ready to return at the latter end of this month, by which time I
shall be in the neighbourhood of the port of San Juan del Sur, and will embark
as soon as I hear of the arrival of the " Vixen.”
In taking leave of you, M. le Ministre, I have the pleasure of subscribing
myself your obedient servant, who kisses your hands.
(Signed) JUAN R. MORA.
Inclosure 2 in No. 199.
Sir W. G. Ouseley to Señor Mora.
Mr. President,
San José, April 17, 1859.
THE post of this day brought me your Excellency's note (not dated),
which I now have the honour of answering, and Captain Lambert will convey
this letter to San Juan del Sur.
It appears that your Excellency wishes that the “ Vixen” should be at San
Juan del Sur on or about the 26th instant. I have accordingly requested
Captain Lambert to be there at that time, and to forward from thence this letter
to your Excellency.
With reference to the notes on the Mosquito Treaty which I had the honour
to leave your Excellency on your departure, I feel convinced, from your remarks,
that your Excellency quite understands the importance of the prompt settlement
of that question with the Government over which your Excellency presides,
conjointly with that of Nicaragua, in the mode proposed by Her Majesty's
Government, if only to secure the advantages of the Treaty of Friendship signed
at Leon. For in order to carry into effect beneficially the clauses protective of
the neutrality of the transit routes, the Mosquito question must previously be
settled, and not afford any opening, or even pretext, for difficulties or disputes
from whatever quarter. The ratification, therefore, of the General Treaty will
await the signature of that respecting Mosquitia. The Nicaraguan Government
does not seem quite to understand the exigency of this.
The details of the settlement of the Mosquito question, and that of Grey-
town, which seemed to embarrass the Nicaraguan Government, can be arranged
hereafter, when once the principles laid down are mutually agreed upon by the
signature of the Convention.
I should much regret that this signature should be postponed. There are
many reasons why delay in completing this important preliininary should be
avoided.
Trusting that your Excellency will have a prosperous and agreeable journey,
I have, &c.
(Signed) W. G. OUSELEY.
11
Inclosure 3 in No. 199.
Sir W. G. Ouseley to Commander Lambert.
San José, April 18, 1859.
WITH reference to your letter of the 12th instant, I beg to thank you for
the announcement of your arrival at Punta Arenas, and of vour readiness to
Sir,
the awnoun conference to your lettera di Santa 2016
244
TY
convey this mission to any ports on this coast. It will not be possible for me to
leave San José at present.
Captain-General Mora, President of Costa Rica, has written to me request-
ing that the “ Vixen” should proceed to San Juan del Sur, to bring his Excel-
lency back to Punta Arenas on or about the 26th or 27th instant. I have,
therefore, to request that, if not inconvenient to the service or yourself, you will
be good enough to take charge of the inclosed letter to President Mora, which is
to be forwarded to his Excellency immediately on your arrival at San Juan del
Sur, and the President will then embark on board the “ Vixen” on his return
hither. On his return, I shall be able to inform you as to my future move-
ments.
I have, &c.
(Signed) W. G. OUSELEY.
P.S.-I also inclose a despatch for the President of Nicaragua.
W. G. O.
Inclosure 4 in No. 199,
Sir W. G. Ouseley to Señor Zeledon.
Sir,
-
San José, April 18, 1859.
I AVAIL myself of the departure of Captain Lambert to thank you for
your letter of the 11th ultimo, the contents of which were very interesting
Captain Lambert sails with the “Vixen” from Punta Arenas for San Juan
del Sur to bring back the President Mora. In the hope of your being at Rivas,
I will add a few lines on the subject of the Mosquito Treaty.
Her Majesty's Government has not hesitated, as your Excellency will have
perceived, to cause the coasts of Nicaragua to be protected, at the request of
its Government, against invasion by filibusters. By the Treaty of the 18th of
January, a similar protection was to have been extended to the transit route
across Nicaragua. In order, he wever, to secure that benefit for Nicaragua and
Costa Rica, an absolutely-necessary preliminary will he, the settlement of the
Mosquito question (at least, its general principles) in the mode already commu.
nicated to your Excellency, in order to avoid all motive or pretext for difficulties
or opposition to its execution from any quarter.
His Excellency the intelligent Governor of Costa Rica is fully aware of the
urgency of the case, and perceives that, for many reasons, no delay should take
place in the conclusion of the definitive arrangement of the question of Mosquito
and Greytown.
I am well aware of the difficulties and embarrassments the late attempts of
filibusters, and the necessity of reference to distant points, caused to the Nicara.
guan Government; but, at present, the Governinents of Central America need
no longer be impeded in their action, or be pre-occupied by taking defensive
measures, as Her Majesty's naval forces secure the Atlantic coasts from illegal
attacks; while the presence of the French Admiral, together with part of Her
Majesty's squadron, will now equally secure the more vulnerable points of the
Pacific from all piratical attempts. Under these circumstances, I trust that no
delay will take place in the settlement of the Mosquito question, which has
already occupied a much longer time than Her Majesty's Government anticipated.
No difficulty in the execution of details need prevent the immediate signature of
the Convention, as they admit of subsequent adjustment. The sovereignty of
Nicaragua being fully admitted, the conditional clause respecting the Indians
cannot be a subject of difficulty, but may, on the contrary, be rendered highly
useful to Nicaragua and Costa Rica.
If your Excellency could make it convenient to meet me in a short time, in
order to sign the Treaty, I think it would have the happiest result. Perhaps
your Excellency would meet me at Punta Arenas, or at San Juan del Sur. If
so, I should gladly arrange to be there when you may appoint. But I should
deplore any avoidable delay, as it might neutralize what we have already done,
-
245
Pray accept my best wishes, and the compliments of Mr. Synge and my
family, and believe me, &c.
. (Signed) W. G. OUSELEY.
P.S.--I have just received a letter from the captain of the “ Havannah”
frigate, who announces his early arrival at Punta Arenas.
W. G. O.
No. 200.
Sir W, G. Ouseley to the Earl of Malmesbury.---(Received June 1.)
1
(Extract.)
San José, Costa Rica, April 23, 1859.
WITH reference to Señor Zeledon's note of the 8th ultimo, embodying a
quasi counter-project for the settlement of the Mosquito and Greytown questions,
which I had the honour to transmit to your Lordship in my despatch of the
30th ultimo, I beg leave to submit a few remarks.
It seems to me that this ncte was written for the purpose of showing that
the subject had been taken without delay, as promised, into the serious conside-
ration of the Government, rather than with a view to its immediate settlement
as between Great Britain and Nicaragua. The real difficulties to be met are,,
provision for the future government of Greytown ; its protection from filibusters,
as also that of the coasts of Mosquitia. in addition to which, the financial
arrangements in favour of the Indians cause much discussion.
Although no mention is made of the joint action of Costa Rica in this
matter, and although no reference to the financial and military aid from this
State, for which Nicaragua hopes, has ever been made to me by Señor Zeledon,
I feel assured that until the two Governments come to an understanding on
these matters, the Nicaraguan Minister will not venture to sign the Treaty on
the part of his Government.
Señor Zeledon's note of the 8th of March accepts the general principles of
the Treaty, although it transposes certain clauses, and alters their wording.
'1. He wishes that the eminent domain” over Mosquitia, now ceded,
should be clearly defined. This affords an opening of which Her Majesty's
Government may avail themselves, should they think proper, for preventing
evasion of the conditions favourable to the Mosquito Indians.
I ascertained when first the technical “ eminent domain” was insisted on at
Leon, that there existed a latent hope that, were this “eminent domain" admitted,
it would give unconditional sovereignty to the Government of Nicaragua, and
thus leave the Indians to be dealt with as they pleased. It was for this reason
that I pointed out the conditions affecting the Indians, regarding which I do not
now apprehend any refusal on the part of Nicaragua.
2. Señor Zeledon restricts the proprietary rights of the Mosquito Indians to
the “superficial” use of the land. This is intended to reserve the right of
mining to the Government of Nicaragua. It was attempted, with a considerable
degree of persistence, to refuse the right to mines and mining to British subjects
in the General Treaty. This, of course, I would not admit. In the case of the
Mosquito Indians, it may not be thought requisite to secure to them the
mining privileges, from which tlie Nicaraguan Government is anxious to exclude
them.
3. Both the Minister of Nicaragua and of Costa Rica have assured me
that there is now no territorial question pending between their respective Govern-
ments, and that, quoad the Mosquito Treaty, they may be considered, as far as
limits are concerned, as one Government.
I trust that this is also applicable to the future Government of Greytown
(Clause No. 6), and that no conflicting claims to jurisdiction, such as have hereto-
fore existed, will now cause any difficulty in the settlement of this matter;
and that (7) the payment proposed for the Indians may be made to them, or
possibly to a British Agent on their behalf.
2 K
246
• Possibly this may be considered a question of detail which Her Majesty's
· Government would leave to the discretion of the Central American Governments.
The Moşquito Indians, however, are not likely to be gainers by such an arrange-
ment.
With respect to the 8th clause, the first proposal of the Nicaraguan Govern-
ment made verbally just before I left Leon, was to the effect that the whole of the
territory in question indeed all Central America), should be placed under the
joint protectorate of England, France, and the United States: and I fully expected
such a plan to be formally brought forward, as it possibly will be hereafter.
That as regards Mosquitia and Greytown, the protection and guarantee of Great
Britain should be invoked, until a joint Treaty with the United States be
concluded, is not unnatural. As I have had the honour more than once of
stating to your Lordship, were all protection withdrawn from the Mosquito
coast, it would in a few weeks be invaded by filibusters, a result foreseen and
desired by a party in the United States ; nor could Nicaragua or Costa Rica
prevent it. This is, in fact, the great difficulty. As long as Her Majesty's forces
protect the Atlantic coast, the Governments of Nicaragua and Costa Rica would
most gladly assume a sovereignty that is, and long has been, an object of their
ambition. But if they think that by the Treaty they can only receive this
accession of territory under the penalty of offering their whole flank defenceless
to the attacks of filibusters, they naturally wish to secure some protection before
they commit themselves to so perilous a condition.
Your Lordship will have remarked that it has been a constant endeavour V
during the whole negotiation with Nicaragua to give such extension to the
protective clauses as would not merely have guaranteed the neutrality of the
transit routes, but have created a virtual protectorate of the whole State.
Against this I was constantly obliged to guard. Under any circumstances, the
Nicaraguan Government would scarcely have ventured even to commence the
negotiation of the Mosquito Convention, until the partial protection provided in
the General Treaty had been granted.
i
No. 201.
Sir W. G. Quseley to the Earl of Malmesbury--(Received June 1.)
.
(Extract.)
San José, Costa Rico, April 24, 1859.
THE President of Costa Rica sailed on the 13th instant from Punta Arenas
for San Juan del Sur on board the French flag ship“ Andromède," in order to
proceed to Rivas, to be present at the inauguration of the works of the Inter-
oceanic Canal. General Martinez, President of Nicaragua, is also to attend on
that occasion. M. Belly, with a considerable number of engineers, workmen,
and others (reported to be increased by the late arrival from Europe of a second
party of officers and labourers engaged for the construction of the canal), has
for some time awaited the arrival of the two Presidents and their respective
suites.
President Mora was accompanied by Señor Toledo, Minister of Foreign
Relations, and his son as Secretary, and several officers in the employment of
this Government; and it is supposed that General Martinez will also bring with
him some of the principal Members of his Government.
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No. 202.
Sir W. G. Ouseley to the Earl of Malmesbury.--(Received June 1.)
My Lord,
San José, Costa Rica, April 28, 1859.
WITH reference to the tenour of your Lordship's late despatches, and to
the instructions that Į have had the honour recently to receive, directing me to
247
inform the Nicaraguan Government that the General Treaty would only be
ratified simultaneously with that respecting Mosquitia, I beg leave to mention
that, some time previous to the receipt of those instructions, Señor Zeledon was
made aware that the two Treaties were to be negotiated together, and were to
forn a whole. Indeed, such was the understanding from the commencement of
the negotiations.
So far from there being any reluctance on the part of the Central American
Governments to gain possession of Mosquitia and Greytown, such an acquisition
has been for years much desired by them.
At this moment, à similar desire is felt, especially by Nicaragua and Costa
Rica ; and I trust that, before this despatch reaches your Lordship, the obstacles
to the immediate acceptance of the terms proposed will have been explained by
my correspondence.
While I was at Leon, the attempts of the filibusters were confessedly the
motives for delay in completing the arrangement ; although I then suspected
that a reference to Greytown and the Mosquito territory, and especially the
necessity for concerting measures with Costa Rica, prevented Nicaragua from
acting as promptly and independently as I had hoped. Since my arrival here,
my suspicions have been completely confirmed.
I have had the honour of bringing these points to your Lordship's notice in
former despatches, but as the communications with the Foreign Office are uncer-
tain, I have recapitulated them.
Indeed, it was evident that some measures were required, on the part of
Nicaragua, before possession could be taken of a considerable territory that has
never yet been submitted to her control, and that has hitherto been protected by
Great Britain. The slowness of communication in these countries would protract
such preliminaries, so that several weeks would necessarily elapse before any
action could be taken on the Convention. In this interval I thought it advisable
to come to this capital, and I trust by so doing to have furthered the settlement
of the Mosquito and Greytown questions.
. I have the honour to forward to your Lordship an extract from a letter
to Señor Zeledon, on the subject of the Mosquito Treaty.
I have, &c.
(Signed) W. G. QUSELEY.
Inclosure in No. 202.
Sir W. G. Ouseley to Señor Zeledon.
(Extract.)
San José, March 29, 1859.
I EARNESTLY hope that the conclusion of the Mosquito Treaty will be
hastened, as I will not conceal from you that Her Majesty's Government, not
perhaps fully aware of the great embarrassments under which Nicaragua labours,
arising out of the movements of the filibusters and other causes, and seeing that
unless the cession of the Protectorate and other arrangements be soon formally
completed by the signature of the Mosquito Convention, much misunderstanding
and difficulty is likely to arise, that may eventually prevent or greatly interfere
with the beneficial results of some of the clauses of the Treaty affecting the
transit, feels the necessity for a speedy settlement of the Mosquito and Greytown
questions, in order not to render the Treaty now sent to England inoperative.
It is under these circumstances that I have written, in conformity with the
sense of recently received despatches, the accompanying notes, to which I
request your early attention; and if it be desired by the Nicaraguan Govern-
ment that the Treaty already signed should be carried into effect, and that the
good understanding that I have endeavoured to cultivate should continue, no
time should be lost in completing the Mosquito Treaty.
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No. 203.
Lord Lyons to the Earl of Malmesbury.-(Received June 4.)
My Lord,
Washington, May 23, 1859.
I HAD the evening before last the honour to receive your Lordship's .
despatch of the 6th instant, directing me to read to the President and Secretary
of State of the United States Sir William Ouseley's despatch to your Lordship
of the 2nd ultimo, in which he states that the principal difficulty which has
retarded the conclusion of the Treaty with Nicaragua respecting the Mosquito
territory has been the threatened filibustering attack of Walker and his accom-
plices General Caith him
General Cass has been so much occupied that it has been difficult to obtain
an interview with him. Perceiving, however, in the newspaper an announce-
ment that Walker had left San Francisco and had arrived with 300 followers on
board a steam-vessel at Acapulco, on the western coast of Mexico, I made a
point of seeing the General this morning and reading to him Sir William
Ouseley's despatch.
. General Cass, who was much pressed for time, merely observed that he
wished it was as easy to devise means for stopping filibustering expeditions as it
was to point out the evils of them.
He promised, at my request, to ask the President to fix a time at which I
might wait upon him for the purpose of reading to him also Sir William
Ouseley's despatch.
I have, &c.
(Signed) LYONS.
No. 204.
The Earl of Malmesbury to Sir W. G. Ouseley.
My Lord,
Foreign Office, June 8, 1859.
I HAVE received your despatch of the 23rd of April last, in which you
report that you had requested Captain Lambert, commanding Her Majesty's
ship " Vixen," to proceed to San Juan del Sur to convey the President of Costa
Rica from that port to Punta Arenas.
You likewise report to me the steps you had taken to hasten the conclusion
of the Mosquito territory Convention; and I have to acquaint you that Her
Majesty's Government approve your proceedings in these matters.
I am, &c.
(Signed) MALMESBURY.
No. 205."
Lord Lyons to the Earl of Malmesbury
(Received June 12.)
1
My Lord,
Washington, May 30, 1859.
WITH reference to my despatch of the 23rd instant, I have the honour
to inform your Lordship that, in obedience to your orders, I read to the
President on the 25th instant, Sir William Ouseley's despatch to your Lordship
of the 2nd April last, stating that the delay in concluding the Treaty for
the abandonment of the Mosquito Protectorate had been principally occasioned
by the apprehensions excited by the movements of the filibusters.
The President said that if Sir William Ouseley had persuaded the Nicaraguan
Government to ratify the Cass-Yrisarri Treaty, the Government of the United
249
States would have been in a position to protect Nicaragua effectually from
filibustering attacks. Referring to Sir William Ouseley's statement that the
late filibustering expedition had failed only in consequence of the shipwreck of
the ship " Susan” near Belize, the President observed that if the filibusters had
not been shipwrecked, they would no doubt have been intercepted by the
American ships of war which he had stationed on the coast of Nicaragua for the
express purpose of frustrating their designs.
The President said that he had heard with great concern that Walker had
set out from California on a fresh expedition. He was at a loss to understand
how he could have accomplished this without the knowledge of the Federal
authorities. However, he had no doubt that, on whichever side of the
American continent he made an attempt, he would be caught by the American
cruizers.
General Cass spoke to me on the following day on the same subject. He
told me that the Secretary of the Navy had, by the President's order, called upon
the naval officers in the Pacific to explain how it happened that Walker had
escaped their vigilance, they having positive orders to stop him. General Cass
said further, that the Cabinet were quite at a loss to divine Walker's intentions ;
it was rumoured that he had landed at Acapulco with the intention of offering
his services to Juarez. In that case the American Government would have no
power to interfere with him, as their laws permitted their citizens to take
military service under any Government recognised by the Confederation and in
amity with it.
I bave, &c.
(Signed) LYONS.
No. 206.
Lord Lyons to the Earl of Malmesbury.—(Received June 12.)
My Lord,
Washington, May 30, 1859.
ON the 25th and 26th instant I had some conversation with General Cass
respecting the affairs of Nicaragua.
General Cass told me that General Jerez, the Nicaraguan Minister to the
United States, was to return home on the 5th of next mouth, and that he had
requested to be informed definitively, before his departure, of the intentions of
the President with respect to the Treaty recently negotiated by General Lamar.
General Cass told me that he should state to General Jerez, in general
terms, that the President accepted the whole Treaty, with the exception of the
clause directed against what are commonly termed “filibustering expeditions."
That clause the Government of the United States absolutely rejected.
There was, however, General Cass said, a reservation which he should have
to make. He had observed in Article XXII of the Treaty signed by Sir
William Ouseley, a clause which did not exist, either in the Draft with which
Sir William Ouseley was furnished by Her Majesty's Government, or in General
Lamar's Treaty.
The clause to which he referred stated, that in case of imminent danger to
the lives and properties of British subjects, Her Majesty's forces might act for
their protection without obtaining the previous consent of the Nicaraguan
authorities. If this clause should be maintained in the new Treaty which Sirv
William Ouseley had been directed to sign, the United States would insist upon
the same privilege being secured to them; in fact, they would require to be
placed upon a perfect equality with Great Britain in this respect. General Jerez
would be authorised to inform his Government that, upon this point being
settled, and the “filibustering" clause struck out, the President would send the
Treaty to the United States' Senate for ratification.
I saw General Jerez himself the day before vesterday. He confirmed the
account given above of the intentions of the United States' Government; and
he told me further that he hoped that, by negotiation with the American
Companies holding contracts for the construction of the interoceanic routes, he
should be able, before his departure, to effect a compromise which would
satisfy both the Companies themselves and the Government of the United
States.
: I have, &c.
(Signed) LYONS.
YA
250
No. 207.
Lord Lyons to the Earl of Malmesbury.-(Received June 12.)
(Extract.)
Washington, May 30, 1859.
I PERCEIVE, by your Lordship's despatch to Sir William Ouseley
of the 9th instant, of which you did me the honour to send me a copy in
your despatch of the 11th instant, that Sir William is directed to bring the
Treaty with Nicaragua respecting Mosquitia to an immediate conclusion; and,
as soon as that Treaty and the General Treaty with the same State are signed
and ratified, to return at once to England.
The frank and full explanation which your Lordship enabled me to give
respecting the delay in the conclusion of the Treaty for the abandonment of the
Mosquito Protectorate were most acceptable to the President, and produced a
very remarkable effect on the tone of the public Press. With a view to keep up
the good feeling which has happily since prevailed, it would be very desirable
that, before the intended departure of Sir William Ouseley becomes generally
known in this country, I should be able to state distinctly the intentions of Her
Majesty's Government with respect to the Treaty which remains to be negotiated
with Honduras, in order to complete the settlement of the Central American
questions.
It will be in your Lordship's recollection that in the despatch to Lord
Napier dated the 8th of December last, of which he gave, by your Lordship's
order, a copy to General Cass, it was stated that Her Majesty's Government
intended to confide the negotiation of that Treaty to Sir William Ouseley; and
that so soon as Sir William should have concluded the negotiations in which he
was then employed, Lord Napier would immediately be enabled to state to
General Cass the details of his second mission, and the conditions with Honduras
on which the cession of the Bay Islands to that State was contemplated.
Your Lordship may perhaps deem it expedient that I should be directed to
give at once some explanations in order to prevent unfounded imputations upon
the good faith of Her Majesty's Government if the news of Sir William Ouseley's
departure for England should not be accompanied by some definite declaration
respecting the negotiation with Honduras.
No. 208.
Mr. Wyke to the Earl of Malmesbury.- (Received June 16.)
My Lord,
Guatemala, April 28, 1859.
MR. VICE-CONSUL PERRY has just reported to me that the Nicaraguan
Congress distinctly refuses to ratify the Convention which Sir William Gore
Ouseley had proposed to the Government of that Republic, for the settlement of
the Greytown and Mosquito question.
. It is to be regretted that Sir William did not secure the signature of Señor
Zeledon, and the ratification of that Convention, before negotiating his Com-
mercial Treaty with them, as they have now obtained all that they wanted,
without giving us anything in return for that which has enabled them to conclude
a Treaty with the United States on much more favourable terms to themselves
than they otherwise would have been able to obtain.
I have &c.
(Signed) CHARLES LENNOX WYKE.
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No. 209.
Mr. Wyke to the Earl of Malmesbury.(Received June 16.)
(Extract.)
Guatemala, April 30, 1859.
IT became evident that my negotiations must fail, unless I could hit upon
a plan whereby the Government of Guatemala would find some inducement for
agreeing to my terms.
251
. Now, as the commerce of this State with Belize, and the Atlantic coast
generally, has been falling off rapidly of late years, owing to the communication
with the Pacific coast being so much easier froin the existence of a good carriage-
road between this city and the port of San José, it struck me that the compensa-
tion they claimed might in some sort be afforded if we aided them in the
construction of a practicable cart-road to the port of Izabal, on the Atlantic
coast, whereby the old commercial relations with Belize would be renewed, and
both Contracting Parties mutually benefited, without either appearing to receive
a favour from the other.
As we are rapidly losing the carrying trade of this Republic, which the
American steamers on the Pacific and the Panamá Railway are depriving us of,
it becomes, of course, important, if possible, to turn the course of trade again.
into its old channels; and when, by so doing, we could, at the same time,
establish the limits of our Settlement of Belize, it appeared to me I should be
justified in somewhat exceeding my instructions if, by so doing, I could bring
about so positive a good.
Such being the actual state of the case, I did not hesitate to accept this
responsibility, and, by so doing, I at last succeeded in getting this Government
to accept the Convention word for word, and without a single alteration, on the
condition that an Additional Article should be added to it, whereby both
Contracting Parties agree conjointly to use their best efforts, by the construction
of a cart-road, for re-establishing the ancient communication between this capital
and the Atlantic coast near Belize, whereby the commerce of England will
benefit, on the one hand, and the prosperity of that portion of this Republic be
materially increased, on the other.
Thus modified, the Convention was this day signed by Don Pedro de
Aycinena and myself, at the same time that its ratification by this Government
was handed to me by him.
I have herewith the honour to inclose said Convention, and I trust, in
signing it as it stands, that I shall not have incurred your Lordship’s displeasure
for having so far exceeded my instructions, when, by so doing, I consider
that I have obtained a double advantage at the price of, comparatively speaking,
a trifling sacrifice.
As I come home by the same packet that brings this despatch, I shall have
the honour of communicating personally to your Lordship all further details
with reference to this matter which it is necessary that you should be
informed of.
Inclosure in No. 209.
Convention between Her Majesty and the Republic of Guatemala, relative to the
Boundary of British Honduras. Signed at Guatemala, April 30, 1859.
WHEREAS the boundary between POR cuanto no han sido todavia
Her Britannic Majesty's Settlement averiguados y señalados los limites
and Possessions in the Bay of Honduras, entre los territorios de la República de
and the territories of the Republic of Guatemala, y el establecimiento y
Guatemala, has not yet been ascertained posesiones de Su Magestad en la
and marked out; Her Majesty the Bahia de Honduras ; la República de
Queen of the United Kingdom of Guatemala v Su Magestad la Reina
Great Britain and Ireland, and the del Reino Unido de la Gran Bretaña é
Republic of Guatemala, being desirous, Irlanda, deseando definir los limites
with a view to improve and perpetuate referidos, con la mira de desarrollar y
the friendly relations which happily perpetuar les relaciones amistosas, que
subsist between the two countries, to felizmente existen entre los dos paises,
define the boundary aforesaid, have han resuelto celebrar una Convencion
resolved to conclude a Convention for con aquel objeto, y han nombrado por
that purpose, and have named as their sus Plenipotenciarios, á saber :
Plenipotentiaries, that is to say:
Her Majesty the Queen of the United Su Excelencia el Presidente de la
Kingdom of Great Britain and Ireland, República de Guatemala, al Señor Don
Charles Lennox Wyke, Esquire, Her Pedro de Aycinena, Consejero de Estado
Britannic Majesty's Chargé d'Affaires y Ministro de Relaciones Exteriores del
to the Republic of Guatemala ;
Gobierno de la República;
252
And His Excellency the President of Y Su Magestad la Reina del Reino
the Republic of Guatemala, Don Pedro Unido de la Gran Bretaña e Irlanda,
de Aycinena, Councillor of State, and al Señor Don Carlos Lennox Wyke,
Minister for Foreign Affairs ;
Encargado de Negocios de Su Magestad
Británica en la República de Guatemala;
Who, after having communicated to Quienes habiendose comunicado sus
each other their respective full powers, plenos poderes respectivos, y encontra-
found in good and due form, have dolos en buena y debida forma, han
agreed upon and concluded the follow- convenido y concluido los Articulos
ing Articles :-
siguientes:
ARTICLE I.
ARTICULO I.
It is agreed between Her Britannic Queda convenido entre la República
Majesty and the Republic of Guatemala, de Guatemala y Su Magestad Británica,
that the boundary between the Republic que los limites entre la República y el
and the British Settlement and Pos- establecimiento y posesiones Británicas
sessions in the Bay of Honduras, as en la Bahia de Honduras, como existian
they existed previous to and on the antes del 1 de Enero de 1850 y en
Ist day of January, 1850, and have aquel dia, y han continuado existiendo
continued to exist up to the present hasta el presente, fueron y con los
time; was and is as follows:
siguientes:
Beginning at the mouth of the River Comenzando en la Boca del Rio
Sarstoon in the Bay of Honduras, and Sarstoon en la Bahia de Honduras y
proceeding up the mid-channel thereof remontando la madre del Rio hasta los
to Gracias a Dios Falls; then turning Raudales de Gracias á Dios; volviendo
to the right and continuing by a line despues a la derecha, y continuando
drawn direct from Gracias a Dios Falls por una linea recta tirada desde los.
to Garbutt's Falls on the River Belize, Raudales de Gracias á Dios hasta los de
and from Garbutt's Falls due north Garbutt en el Rio Belize, y desde los
until it strikes the Mexican frontier. Raudales de Garbutt norte derecho hasta
donde toca con la frontera Mexicana.
It is agreed and declared between Queda convenido y declarado entre
the High Contracting Parties that all las Altas Partes Contratantes que todo
the territory to the north and east of el territorio al norte y este de la linea
the line of boundary above described, de limites arriba señalados pertenece a
belongs to Her Britannic Majesty; Su Magestad Británica ; y que todo el
and that all the territory to the south territorio al sur y oeste de la misma
and west of the same belongs to the pertenece á la República de Guatemala.
Republic of Guatemala.
ARTICLE II.
ARTICULO IJ.
Her Britannic Majesty and the La República de Guatemala y Su
Republic of Guatemala shall, within Magestad Británica nombrarán dentro
twelve months after the exchange of de doce meses despues del cange de
the ratifications of the present Conven- las ratificaciones de la presente Conven-
tion, appoint each a Commissioner forcion, un Comisionado por cada parte,
the purpose of designating and marking con el objeto de señalar y de marcar
out the boundary described in the los limites descritos en el Articulo
preceding Article. Such Commis- precedente. Dichos Comisionados
sioners shall ascertain the latitude and averiguarán la latitud y longitud de los
longitude of Gracias a Dios Falls and Raudales Gracias á Dios y de Garbutt,
of Garbutt's Falls, and shall cause they harán que la linea divisoria entre los
line of boundary between Garbutt's Raudales de Garbutt y el territorio
Falls and the Mexican territory to be Mexicano se abra y se demarque donde
opened and marked where necessary, sea necesario, como una proteccion
as a protection against future trespass. contra futuras transgresiones. .
ARTICLE III.
ARTICULO III.
The Commissioners mentioned in Los Comisionados que se mencionan
the preceding Article shall meet at en el Articulo precedente se reunirán
such place or places as. shall be here- en el punto ó puntos que en lo de
after fixed, at the earliest convenient adelante se determine, tan pronto como
253
period after they shall have been sea posible y conveniente despues que
respectively named; and shall, before bayan sido nombrados respectivamente;
proceeding to any business, make and y antes de proceder á ningun trabajo,
subscribe a solemn declaration that harán y firmarán una declaracion
they will impartially and carefully solemne de que examinarán y decidirán
examine and decide, to the best of segun su leal saber y entender, y con-
their judgment, and according to forme á la justicia y equidad, sin miedo,
justice and equity, without fear, favour, favor ó afeccion á su propio pais, todas
or affection to their own country, upon las materias sometidas á su decision; y
all the matters referred to them for tal declaracion quedará asentada en el
their decision; and such declaration registro de sus operaciones.
shall be entered on the record of their
proceedings.
The Commissioners shall then, and En seguida los Comisionados, antes
before proceeding to any other business, de proceder á ningun otro trabajo,
name some third person to act as Arbi- nombrarán una tercera persona que
trator or Umpire in any case or cases decida como Arbitro o amigable Com-
opinion. If they should not be able que ellos puedan diferir de opinion.
to agree upon the choice of such a Si no logran ponerse de acuerdo para
third person, they shall each name a la eleccion de dicha tercera persona,
person; and in each and every case in nombrará cada uno una persona, y en
which the Commissioners may differ in cualquier caso en que los Comisionados
opinion as to the decision which they puedan diferir de opinion con respecto
ought to give, it shall be determined by á la decision que deben dar, la suerte
lot which of the two persons so named determinará cual de las dos personas
shall be the Arbitrator or Umpire in nombradas será el Arbitro o amigable
that particular case. The person or Componedor en aquel caso particular.
persons so to be chosen shall, before La persona ó personas que han de ser
proceeding to act, make and subscribe asi elegidas, antes de proceder á
à solemn declaration, in a form similar funcionar, harán y suscribirán una
to that which shall already have been declaracion solemne, semejante en su
made and subscribed by the Com- forma á la que debe haber sido ya hecha
missioners, which declaration also be y suscrita par los Comisionados, cuya
entered on the record of the proceed- declaracion será tambien agregada al
ings. In the event of the death, registro de las operaciones. En caso
absence, or incapacity of either of such de inuerte, ausencia, ó incapacidad de
Commissioners, or of either of such alguno de dichos Comisionados, ó de
Arbitrators or Umpires, or of his alguno de dichos Arbitros ó amigables
omitting, or declining, or ceasing to Componedores, ó si omitieren, decli-
act, another person shall be named, naren, ó cesaren de funcionar, se
in the same manner, to act in his place nombrará otra persona de la misma
or stead, and shall make and subscribe manera para que funcione en su lugar,
such declaration as aforesaid.
y hará y suscribirá una declaracion
igual á la mencionada.
Her Britannic Majesty and the Re- La República de Guatemala y Su
public of Guatemala shall engago to Magestad Británica se comprometerán
consider the decision of the two Com- á considerar la decision de los dos
missioners conjointly, or of the Arbi- Comisionados conjuntamente, ó del
trator or Umpire, as the case may be, Arbitro ó amigable Componelor en su
as final and conclusive on the matters caso, como final y concluyente en las
to be respectively referred to their materias que deben someterse respecti-
decision, and forth with to give full vamente á su decision, y á llevar inne-
effect to the same.
diatamente esta á debido efecto.
ARTICLE IV.
ARTICULO IV.
The Commissioners hereinbefore Los Comisionados arriba mencio-
mentioned shall make to each of the nados harán á cada uno de los Go-
respective Governinents a joint report biernos respectivos, una declaracion ó
or declaration, under their hands and informe comun firmada y sellada por
seals, accompanied with a map or maps ellos, accompañada por un mapa ó
in quadruplicate (two for each Goverit- mapas por cuatriplicado (rlos para cada
ment), certified by them to be true Gobierno), certificando ellos ser verda-
maps of the boundary defined in the deros mapas de los limites señalados en
2 L
254
present Treaty, and traversed and exa-
mined by them.
el presente Tratado, y recorridos y exa-
minados por ellos.
ARTICLE V.
ARTICULO V.
The Commissioners and the Arbi- Los Comisionados y el Arbitro ó
rator or Umpire shall keep accurate amigable Componedor lleverán registros
records and correct minutes or notes of exactos y minutas ó notas correctas de
all their proceedings, with the dates todas sus operaciones, con las fechas
thereof, and shall appoint and employ respectivas, y nombrarán y emplearán
such surveyors, clerk or clerks, or los agrimensores, amanuense ó ama-
other persons, as they shall find neces- nuenses, ú otras personas que consideren
sary to assist them in the transaction of necesarias para auxiliarlos en el arreglo
the business which may come before de los asuntos en que puedan tener que
them.
entender.
The salaries of the Commissioners Los sueldos de los Comisionados
shall be paid by their respective Govern- serán pagados por sus Gobiernos
ments. The contingent expenses of respectivos. Los gastos contingentes
the Commission, including the salary of de la Comision, incluyendo el sueldo
the Arbitrator or Umpire, and of the del Arbitro ó amigable Componedor y
surveyors and clerks, shall be defrayed de los agrimensores y amanuenses,
in equal moities by the two Govern- serán costeados por los dos Gobiernos
ments,
por partes iguales.
>
ARTICLE V].
ARTICULO VII.
It is further agreed that the channels Queda convenido ademas que las
in the water-line of boundary described corrientes de la linea de agua divisoria
in Article I of the present Convention, descrita en el Articulo I de la presente
shall be equally free and open to the Convencion, serán igualmente libres y
vessels and boats of both parties ; and abiertas á los buques y botes de ambas
that any islands which may be found Partes ; y que cualesquiera Islas que
therein shall belong to that party on puedan encontrarse en ellas, pertene-
whose side of the main navigable cerán á aquella Parte hacia cuya banda
channel they are situated.
de la corriente estén situadas.
1
ARTICLE VII.
ARTICULO VII.
With the object of practically carrying Con el objeto de llevar á efecto prac-
out the views set forth in the preamble ticamente las miras manifestadas en el
of the present Convention, for improv- preambulo de la presente Convencion,
ing and perpetuating the friendly rela- para mejorar y perpetuar las amistosas
tions which at present so happily exist relaciones que al presente existen feliz-
between the two High Contracting mente entre las dos Altas Partes Con-
Parties, they mutually agree conjointly tratantes, convienen en poner conjunta-
to use their best efforts, by taking ade- inente todo su empeño, tomando
quate means for establishing the easiest medidas adecuadas para establecer la
communication (either by means of a comunicacion mas fácil (sea por medio
cart-road, or employing the rivers, or de una carretera, ó empleando los rios,
both united, according to the opinion ó ambas cosas á la vez, segun la opinion
the surveying engineers), between the de los ingenieros que deben examinar
fittest place on the Atlantic Coast, near el terreno), entre el lugar mas conve-
the settlement of Belize, and the capital niente de la Costa del Atlantico cerca
of Guatemala ; whereby the commerce del establecimiento de Belize, y la
of England on the one hand, and the capital de Guatemala; con lo cual no
material prosperity of the Republic on podrán menos que aumentarse consi-
the other, cannot fail to be sensiblyderablemente el comercio de Ynglaterra
increased, at the same time that the por una parte y la prosperidad material
limits of the two countries being now de la República por otra, al mismo
clearly defined, all further encroach- tiempo que quedando ahora claramente
ments by either party on the territory definidos los limites de los dos paises,
of the other will be effectually checked todo ulterior avance de cualquiera de
and prevented for the future,
las dos Partes en los territorios de la
otra será eficazmente impedido y evitado
para lo futuro.
11
255
ARTICLE VIII.
ARTICULO VIII.
The present Convention shall be La presente Convencion será ratifi-
ratified, and the ratifications shall be cada, y las ratificaciones cangeadas en
exchanged at London or Guatemala as Guatemala ó en Londres, tan pronto
soon as possible within the space of six como fuere posible y en el espacio de
months.
seis meses.
İn witness whereot, the respective En fé de lo cual los respectivos Ple-
Plenipotentiaries have signed the same, nipotenciarios la han firmado y sellado
and have affixed thereto the seals of en Guatemala á treinta de Abril, del
their arms.
año mil ochocientos cincuenta y nueve.
Done at Guatemala, the thirtieth day
of April, in the year one thousand eight
hundred and fifty-nine.
(L.S.) CHARLES LENNOX WYKE. (L.S.) P. DE AYCINENA.
No. 210.
Mr. Wyke to the Earl of Malmesbury.—(Received June 16.)
My Lord,
Belize, British Honduras, May 14, 1859.
I HAD arrived thus far on my way home, when I received, last night, by
the English mail, your Lordshịp's despatch of the 16th ultimo, instructing
me (unless I was seriously unwell) to remain at my post for the purpose of
negotiating and concluding the Treaty with Guatemala respecting the boundary
of British Honduras; and also, if required, to take the place of Sir William Gore
Ousely in the still pending negotiations with the Republics of Central America ;
a business which must, however, depend on the time of session of the Congress
in those States.
My despatch dated the 30th ultimo, which goes home by this mail, will have
informed your Lordship that I have, on certain conditions therein specified,
concluded the Convention with Guatemala for fixing the boundaries of our
Settlement of Belize; so that, in as far as that question is concerned, there is
nothing now to require my prolonged stay at Guatemala.
With regard to my taking the place of Sir William Gore Ouseley in the
still pending negotiations with the Governments to which he is accredited-a
business which, as before said, depends on the time of session of the Congress
in those States-1 regret to say that the state of my health precludes the possi-
bility of my remaining on here for an indefinite time, as my medical adviser
considers that it is absolutely necessary for me at present to have rest and a
change of climate, after an uninterrupted residence of seven years in the tropics.
Should I eventually be destined to take Sir William Quseley's place, I
consider that I could only do so with advantage to the public service by, first of
all, communicating verbally with your Lordship on the proper manner of
conducting these negotiations, as well also as on the actual state of affairs in
Central America at the present moment.
Hoping soon to have the honour of waiting on your Lordship, and offering
all the information I am able to afford with reference to these matters, I have, &c.
I have, &c.
(Signed) CHARLES LENNOX WYKE.
No. 211.
The Earl of Malmesbury to Lord Lyons.
My Lord, .
Foreign Office, June 16, 1859.
WITH reference to your Lordship's despatch of the 30th ultimo, I
have to observe that Sir William Ouseley's health having suffered from the
climate of Nicaragua, Her Majesty's Government did not consider it desirable
that his stay in Central America should be prolonged, and that they conse-
quently instructed him to return home so soon as he should have concluded the
Treaties which he had been charged to negotiate with the Republics of
Nicaragua and Costa Rica. .
2 1 2
256
: They at the same time, however, sent to Mr. Wyke full powers to conclude
a Treaty with Guatemala, defining the limits between that State and the Settle-
ment of Belize, and they subsequently informed Mr. Wyke, in a despatch of
which a copy is inclosed, * that it was their intention to confide to him the nego-
tiation of the other pending Conventions with the States of Central America.
Her Majesty's Government have learnt by the West India mail which has
just arrived, that Mr. Wyke has concluded the Treaty with Guatemala respect-
ing British Honduras, but the state of his health having obliged him to avail
himself, as you will see by the inclosed despatch,t of the permission which he had
previously received to return home, some little delay must, inuch to the regret
of Her Majesty's Government, take place before the further negotiations to
which I have adverted can be carried through.
I am, &c.
Signed) MALMESBURY.
7
No. 212.
Sir W. G. Ouseley to the Eari of Malmesbury.-(Received June 29.)
My Lord,
San José, June 1, 1859.
I HAVE the honour to transmit to your Lordship copy of a note that I
sent by Mr. Vice-Consul Perry to Señor Zeledon, on the subject of the Mosquito
and General Treaties.
I have, &c.
(Signed) W. G. OUSELEY.
OSOBNA
VOLANTEVIDEO
Inclosure in No. 212.
Sir W. G. Ouseley to Señor Zeledon.
San José, May 13, 1859.
· THE Undersigned, &c., has the honour to request Señor Zeledon, &c., to
have the goodness to inform him at his earliest convenience, at what time, and in
what place, he will be ready to meet the Undersigned for the purpose of conclud-
ing the Convention respecting Mosquitia and Greytown.
The Undersigned has already so clearly explained to Señor Zeledon the
views and intentions of Her Majesty's Government in this matter, that it does
not appear to him necessary to appoint an interview merely for the discussion
of the terms of the Convention, or that the Plenipotentiaries should meet until
the Nicaraguan Government is prepared to come to a definitive settlement of the
question, in the completion of which it is desirable that there should be as little
delay as possible.
The Undersigned has been informed by his Government that they cannot
accede to certain of the modifications agreed to by Señor Zeledon and himself
in the Treaty of Friendship and Commerce, which can also be taken into conside.
ration when the Plenipotentiaries meet for the conclusion of the Mosquito
Convention; and as Her Majesty's Government have expressed their intention
only to ratify the General Treaty siinultaneously with that Convention, no delay
will be caused in the final conclusion of the Treaty.
The Undersigned would suggest to Señor Zeledon that the port of Realejo
might be a convenient place of meeting for the settlement of these questions.
If Señor Zeledon should agree in this opinion, the Undersigned will be happy to
proceed thither as soon as he learns that the Nicaraguan Government are
prepared to conclude the Mosquito Convention.
The Undersigned, &c.
(Signed) W. G. OUSELEY.
Yn21
* No. 165.
+ No. 210.
257
No. 213.
Lord J. Russell to Acting Consul-General Hall.
Sil',
Foreign Office, June 30, 1859.
I TRANSMIT to you the Queen's ratification, under the Great Seal, of the
Convention between Her Majesty and the Republic of Guatemala, which was
signed by Mr. Wyke and the Plenipotentiary of Guatemala on the 30th of April
last, for the settlement of the boundary between the Republic and British
Honduras, and I am to desire that you will exchange the same against a similar
instrument ratified by the President of the Republic.
I also transmit to you a certificate to be signed by you and the Guatemalan
Plenipotentiary on the exchange of the ratifications. You will return it to me
when you send home the Guatemalan ratification.
I am, &c.
(Signed) J. RUSSELL.
L110
No. 214.
Lord J. Russell to Acting Consul-General Hall.
Sir,
Foreign Office, June 30; 1859.
I HAVE to instruct you, in exchanging the ratifications of the Convention
for the settlement of the boundary of British Honduras, to express to the
Guatemalan Plenipotentiary, as by the particular order of your Government, the
high satisfaction which they have derived from the proof of friendship afforded to
them by the Republic in the prompt and frank conclusion of that Convention.
Her Majesty's Government are firmly persuaded that the settlement of this
question will tend to the benefit of both parties, as it cannot fail to confirm and
strengthen the relations of friendship and good neighbourhood which exist
between them.
You will also state that Her Majesty's Government entirely approve of the
Article admitted into the Convention by Mr. Wyke, at the desire of the
Guatemalan Government, whereby the two parties engage to co-operate for the
establishment of a line of communication between the capital of the Republic and
the coast of the Atlantic, at cr near Belize; and they would be glad to be made
acquainted with the views of the Guatemalan Government as to the best means
of giving effect to that Article.
I am, &c.
(Signed) J. RUSSELL.
Sir,
No. 215.
Lord J. Russell to Acting Consul-General Hall.
Foreign Office, June 30, 1859.
I HAVE to instruct you, as soon as the exchange of the ratifications of
tlic Convention defining the boundary of British Honduras shall have taken
place, to announce the fact to Her Majesty's Superintendent at Belize, to whom
a copy of the Convention will be transmitted by this mail.
I am, &c.
(Signed) J. RUSSELL.
DOCCIDOS
No. 216.
Lord J. Russell to Lord Lyons.
My Lord,
Foreign Office, July 1, 1859.
İ INCLOSE, for your Lordship's information, a copy of a despatch froin
Mr. Wyke,* l'eporting his having concluded with the Republic of Guatemala a
* No. 209.
258
Treaty defining the limits between that State and British Honduras. A copy of
the Treaty is annexed,* and I have to inform your Lordship that the samne has
been approved and ratified by Her Majesty.
I am, &c.
J. RUSSELL,
=
No. 217.
Lord Lyons to the Earl of Malmesburyj.- (Received July 4.)
(Extract.)
Washington, June 21, 1859.
ON the 18th instant, I mentioned to General Cass that the great
difficulty in the way of concluding the Treaty for the abandonmen
Mosquito Protectorate lies in the fear of Nicaragua that she will be unable to
defend Mosquitia and Greytown from filibustering attacks when the British
protection is withdrawn. So that now, I said, the Nicaraguans hesitate to
accept what they were formerly so eager to obtain.
General Cass said that he must leave the solution of this difficulty to your
Lordship: that, for his own part, he thought the best mode of treating it would
be the use of very plain, distinct language, and the display of great firmness on
the part of the British negotiator. He anticipated some advantages, he said,
from the influence of General Jerez, the Nicaraguan Minister to the United
States, who had returned home at the beginning of the month. General Jerez
would, he trusted, explain the real views of the United States' Government to the
Nicaraguans, and bring them to a more just sense of their own position and
interests. They had certainly no real ground for apprehension respecting
filibusters at this moment. The United States' squadron in the Gulf of Mexico
comprised now fourteen ships of war, and would certainly arrest any filibustering
attempts. As for Walker, whose departure from San Francisco had caused so
much sensation, he was now quiet enough at New York: the eye of the Govern-
ment was upon him, and it seemed certain that he was not at present preparing
any expedition. It was a thousand pities, General Cass proceeded to say, that
all the Central American questions could not be definitively settled and forgotten :
they formed the only obstacle to a complete and cordial understanding on all
matters between the British and American Governments. Finally, the General
begged me to assure your Lordship that the President had the most perfect
confidence in the good faith of Her Majesty's Government, and was convinced
that they were as anxious as he was for a speedy settlement of the questions.
No. 218.
LOS
Lord Lyons to the Earl of Malmesbury.(Received July 16.)
(Extract.)
Washington, July 5, 1859.
YOUR Lordship has done nie the honour to inform me, by your despatch
of the 16th ultimo, that Her Majesty's Government had written to announce
to Mr. Wyke, Her Majesty's Chargé d'Affaires at Guatemala, that it was
their intention to confide to him such of the pending negotiations with the
Central American States as should be left unfinished by Sir William Ouseley.
Your Lordship has, however, added that Mr. Wyke was already on his way to
England when this announcement reached him, and that consequently some
little delay must, much to the regret of Her Majesty's Government, take place
before these negotiations can be carried through.
I purpose to take a suitable opportunity of explaining verbally to General
Cass this state of things.
I
* Inclosure in No. 209.
259
No. 219.
Lord Lyons to the Earl of Malmesbury.--(Received July 16.)
My Lord,
Washington, July 5, 1859.
SINCE I wrote my inmediately preceding despatch of this date relative to:
the negotiations in Central America, I have had a few minutes' conversation
with General Cass.
The General told me that the United States' Plenipotentiary in Central
America, General Larnar, was about to return home, and that it was not the
intention of the President to accredit a Diplomatic Agent to Nicaragua until the
Government of that Republic should reinove from the Treaty which they had
signed with General Lamar, the clause concerning “ filibustering” expeditions,
and ratify the remainder of the Treaty.
General Cass then asked me how the British negotiations were going on.
I said that Sir Willian Ouseley was, by your Lordship's orders, urging in the
strongest manner upon the Government of Nicaragua the adoption of the terms
proposed by Her Majesty's Government for the abandonment of the Mosquito
protectorate : and that Mr. Wyke had already concluded with Guatemala a
Convention determining the boundary of the Settlement of Belize. I added that
Sir William Ouseley was very anxious that I should convince the Government of
the United States that the delays which had so unfortunately occurred respecting
the abandonment of the Mosquito protectorate were in no degree attributable to
him.' I observed that Sir William had sent me ample information on this point,
but that as I was aware that General Cass was very busy, I would not take up
his time by entering into details at the moment. I had, I said, already been
able to write to Sir William Ouseley to tell him that the General had, on more
than one occasion, said to me that he did not consider that it was Her Majesty's
Plenipotentiary who was to blame for the delays.
General Čass then said that neither British nor American Plenipotentiaries
could do anything with the Nicaraguans, who did not understand their own
interests.
The General proceeded to ask me what had been done respecting the cession
of the Bay Islands to Honduras.
I replied, that it had been the intention of Her Majesty's Government to
confide the negotiation on that matter to Mr. Wyke, Her Majesty's Chargé
d'Affaires at Guatemala, and that instructions to that effect had been sent to
him by your Lordship. Mr. Wyke had, however, unfortunately been compelled
by ill health to quit his post, and was already on his way to England when your
Lordship's orders reached him. This might, I said, much to the regret of Her
Majesty's Government, cause some little delay in the prosecution of the
negotiation.
General Cass, without making any comment upon this explanation, passed
on to another subject.
I have, &c.
(Signed) LYONS.
No. 220.
Sir W. G. Ouseley to the Earl of Malmesbury.-(Received July 17.)
My Lord,
San José, June 7, 1859.
IMMEDIATELY after receiving Señor Zeledon's official announcement of
the rejection by the Senate of Nicaragua of the Mosquito Convention, I wrote to
that Minister a private and confidential letter urging him to hasten the
conclusion of that Treaty, and asking him to let me know, confidentially,
the real reasons for this opposition to the professed wishes of General Martinez
and himself.
I have the honour to forward a copy of Señor Zeledon's answer. He
hesitates to fix a day for our meeting to conclude the Mosquito Treaty, until he
is informed whether I am now authorized to modify the proposed Convention
in the sense of the counter-project that I had the honour of transmitting to your
Lordship in my despatch of the 30th of March last.
260
My reply, copy of which is inclosed, refers Señor Zeledon to my former
notes, in which I informed the Nicaraguan Government that I was not
authorized to modify the terms of the Convention in question, and that no
instructions on the subject of the counter-proposals of the Nicaraguan Government
have yet been received from that of Her Majesty, nor can they be expected for
some time. I also discourage the idea of any modification being admitted.
A po:tscript to Señor Zeledon's letter explains the real reasons for the
rendering Greytown independent and their repugnance to making any payments
to the Mosquito Indians “as tribute.” The misapplication of this term I have
thought it my duty to point out in a somewhat marked manner.
I shall probably have the honour of again addressing your Lordship before
long on this subject, as I expect soon to obtain correct information respecting
it from persons well-acquainted with the position and views of all the parties
concerned.
I have, &c.
(Signed) W. G. OUSELEY.
P.S. I have also the honour to inclose a copy of a note from Señor
Zeledon relative to the Mosquito question, which I received a few days before
the communication of the 13th ultimo reached me.
W. G. O.
Inclosure 1 in No. 220.
Señor Zeledon to Sir W. G. Ouseley.
Estimado Señor,
POR medio del vapor que vino á llevar al Presidente Mora de San Juan dei
Sur á Punta Arenas, le recibido la apreciable privada y confidencial de vuestra
Excelencia fechada en San José el 18 de Abril, en que me acusa recibo de la mia
de ll ultimo.
Todas las reflexiones de vuestra Excelencia sobre la urgencia de firmar una
Convencion sobre Mosquitia han penetrado constantemente el animo de este
Gobierno; de suerte que yo no dudaria invitar á vuestra Excelencia á una
pronta reunion con este objeto si por otra parte no me hiciese dudar la incerti-
dumbre de que vuestra Excelencia estuviese deferente á un acomodamiento entre
las bases propuestas por vuestra Excelencia y las opuestas por este Gobierno
modificando aquella Convencion, las cuales vuestra Excelencia parece haber
recibido, segun el tenor de sus anteriores comunicaciones.
Por esto he dispuesto remitir á vuestra Excelencia nuevas copias de aquellas,
esperando que á la vez de querer vuestra Excelencia prestarse ó excitarme al
arreglo de aquella cuestion, se sirva expresarme terminantemente si es en el
sentido de poder prestarse á conferencias y acuerdos que puedan alterar la
Convencion propuesta en el sentido de las bases que tuve el honor de comunicar
á vuestra Excelencia; en cuyo concepto me expondria á haberme equivocado, ó
á que pudiese creerse vuestra Excelencia engañado.
Tengo, &c.
(Firmado) PEDRO ZELEDON.
A.D.--Esencialmente debo manifestar á vuestra Excelencia que los Poderes
Supremos de Nicaragua repugnan el que en Greytown haya una ciudad indipen-
diente, aunque concederá á sus habitantes la libertad de culto, la de derecho
sobre sus consumos, y el juicio por jurados; que tambien repugnan el haber de
pagar una cantidad á los Mosquitos, como tributo.
P. Z.
(Translation.)
Esteemed Sir,
National Palace, Managua, May 13, 1859.
BY the steamer which came to convey President Mora from San Juan del
Sur to Punta Arenas, I received your private and confidential letter, dated the
261
18th of April, from San José, in which you acknowledge the receipt of mine of
the 11th of March.
All your observations on the urgency of signing a Convention respecting
Mosquitia have always been thoroughly concurred in by this Government; so
that I should not hesitate to invite you to an early interview for that purpose, if,
on the other hand, I did not feel some uncertainty as to your willingness to
come to a compromise (or agreement) between the bases proposed by you and
those put forward by this Government modifying that Convention, and which,
from the tenour of your former communications, you appear already to have
received.
I now, however, transmit you a further copy of them, and I trust that,
when you wish to proceed (or to invite me) to a settlement of this question, you
will be good enough to state to me definitively whether you do so with the inten-
tion of taking part in conferences which should alter the proposed Convention in
the sense of the bases which I had the honour to communicate to you. Other-
wise, I might expose myself to misunderstanding, and your Excellency might
consider that you had been deceived.
I have, &c.
(Signed) PEDRO ZELEDON.
P.S.-I ought particularly to acquaint you that the Supreme Powers of
Nicaragua are greatly opposed to Greytown being an independent city, although
they would concede to its inhabitants freedom of worship, exemption from duties
on articles for their consumption, and trial by jury; and that they also most
strongly object to having to pay a sum of money to the Mosquitos by way of
tribute.
P. Z.
Inclosure 2 in No. 220.
UL
Sir W. G. Ouseley to Señor Zeledon.
I
Excellent Sir,
San José, June 7, 1859.
IN reply to your Excellency's confidential letter of the 13th May, I have
the honour to state that, as regards the Mosquito Treaty, I can only refer you
to the note I have already had the honour to forward to the Nicaraguan Govern-
ment, to the effect that the Treaty of Friendship and Commerce will only be
ratified conjointly with that for the settlement of the Mosquito question, which
two Conventions, excepting in form, must be regarded as one Treaty; that I
have no power to modify the proposed Convention ; and that the pleasure of
Her Majesty's Government respecting the counter-proposals from that of
Nicaragua cannot, in all probability, be known here for some weeks to come. I
cannot, however, encourage any expectation that Her Majesty's Government
will consent to modify the original document placed in your Excellency's hands
on my arrival at Leon.
Under these circumstances, it would not further the satisfactory settlement
of the questions at issue if I were to meet your Excellency, unless the Nica-
raguan Government be prepared to accept the Mosquito Treaty as proposed by
Her Majesty's Government, while my absence from this capital would seriously
interrupt the progress of the negotiations now in progress with the Government
of Costa Rica.
With reference to your Excellency's explanation of the unexpected objec-
tion of the Supreme Powers of Nicaragua to certain conditions attached to the
cession of the Mosquito Protectorate, it is incumbent on me, while thanking you
for the information, to remark on the impropriety and utter inapplicability of
the term “ tribute," as applied to the stipulated payments to the Mosquito
Indians.
Neither Her Majesty's Government nor that of the United States consider
as a "tribute” the large and continued disbursements that they make to various
tribes and nations within their respective territorial jurisdiction, on this continent
or elsewhere, unless such payments be regarded as a “tribute” to humanity
and justice; and I should be obliged to your Excellency to convey to those
whether supporters or opponents of General Martinez Government-who, by
Yn.
2 M
262
the misapplication of this term, evince such ignorance of the true bearing of the
whole question, the comment that my duty obliges me to make through your
Excellency on their extraordinary misconception.
I have, &c.
(Signed) W. G. OUSELEY.
Inclosure 3 in No. 220.
Señor Zeledon to Sir W. G. Ouseley.
Palacio Nacional, Managua, Abril 12 de 1859.
EL Infraescrito, Ministro de Relaciones Esteriores del Supremo Gobierno de
la República de Nicaragua, tiene el honor de contestar la apreciable comuni.
cacion del Señor Wm. Gore Ouseley, Ministro Plenipotenciario de Su Magestad
Británica, fecha 22 de Marzo último, en San José de Costa Rica, manifestándole
que la contestacion que reclama en órden á la Convencion sobre territorio
Mosquito propuesta por su Excelencia, le fue dirigida en 8 de Marzo, y que
aunque pudiera haberse extrairado, hoy mismo se ha recibido otra confidencial
del Señor Ouseley de 29 del mismo Marzo, por la que se advierte haberla ya
recibido.
El tenor de aquella contiene las bases acordadas por el Senado de esta
República y aconsejadas al Gobierno para contestar al proyecto de Convencion
propuesta por su Excelencia, con el objeto de que puedan tener efecto las
Conferencias, y en ellas acordarse la Convencion en términos acomodavos
entre aquellos puntos de partida, de suerte que el Gobierno de Nicaragua está
dispuesto á arreglar la cuestion de la manera que concilie mejor los intereses de
la tribu Mosquita, los respetos de Su Magestad Británica y la dignidad é
intereses de la República de Nicaragua, y al efecto se espera el regreso del
Señor Ouseley á esta, y se le suplica que en el caso de no considerar suficientes
sus poderes é instrucciones para las alteraciones necesarias, se sirva pedirlas al
Gobierno de Su Magestad Británica, porque hay entre aquellas bases algunas de
tal naturaleza, que al Gobierne no puede prescindir de ellas.
Sin perjuicio de esto, el Tratado General puede ser ratificado y las relaciones
entre Su Magestad Británica y Nicaragua, cultivándose cada dia mas, facilitarán
aguel arreglo.
Tengo, &c.
. (Firmado) PEDRO ZELEDON.
(Translation.)
Most Excellent Sir,
National Palace, Managua, April 12, 1859.
THE Undersigned, &c., has the honour to reply to the esteemed communi-
cation of Sir W. Gore Ouseley, &c., dated the 22nd of March, from San José de
Costa Rica, and to acquaint him that the answer which he requires relative to
the Mosquito Convention proposed by his Excellency was sent to him on the
8th of March; and even if it had been lost, there has arrived to-day another
confidential letter from Sir William Ouseley dated the 29th of that month, in
which he mentions having at that time received it.
The tenour of that communication comprises the bases agreed upon by the
Senate of this Republic, and recommended to the Government by way of answer
to the project of Convention proposed by your Excellency, so that the
Conferences may take place, and that in them the Convention may be agreed
upon in terms founded upon those bases. In short, the Government of Nica-
ragua is disposed to settle the question in the manner which shall best reconcile
the interests of the Mosquito tribe, the honour of Her Britannic Majesty, and
the dignity and interests of the Republic of Nicaragua; and with this object it
hopes for the return of Sir William Ouseley to this country, and entreats him, if
his powers and instructions do not warrant his adoption of the necessary altera-
tions, that he will be good enough to request such powers from Her Britannic
Majesty's Government, for among those bases there are some of such a nature
that this Government cannot modify them.
Notwithstanding this, the General Treaty can be ratified, and the relations
263
between Her Britannic Majesty and Nicaragua becoming every day more
intimate, will facilitate the arrangement of the Mosquito question.
I have, &c.
(Signed). PEDRO ZELEDON.
No. 221.
Sir W. G. Ouseley to the Earl of Malmesbury.-(Received July 19.)
My Lord,
San José, Costa Rica, June 12, 1859.
IN conformity with the tenour of your Lordship's instructions, I have
forwarded a Draft of the Treaty of Friendship and Commerce, as transmitted
to me in your Lordship's despatch of the 23rd of March last, with the
modifications and alterations that are alone admitted by Her Majesty's Govern-
ment, to Señor Zeledon, Minister of Foreign Affairs of Nicaragua, calling his
attention and that of his Government to the expediency of a prompt conclusion
of the Amended Treaty, together with that regarding Mosquitia.
I have the honour to send a copy of my note to Señor Zeledon, inclosing
the draft,
I have, &c.
(Signed) W. G. OUSELEY.
Inclosure in No. 221.
Sir W. G. Ouseley to Señor Zeledon.
San José, June 10, 1859.
WITH reference to a former note mentioning that Her Majesty's Govern-
ment had disapproved of some of the modifications in the Treaty of Commerce
signed at Leon, the Undersigned, &c., has the honour to transmit herewith to Señor
Zeledon, &c., a Draft of the Treaty of Friendship and Commerce that he has
received from the Foreign Office, in which are inserted all the modifications
that will be admitted by Her Majesty's Government in that Convention. Such
of the additions or alterations agreed upon by Señor Zeledon and the Under-
signed as are not included in the inclosed draft, his Excellency will consequently
regard as being considered inadmissible by Her Majesty's Government.
The Undersigned in requesting Señor Zeledon's immediate attention to the
inclosed Amended Draft, with a view to its' being taken into consideration by
the Nicaraguan Government at their earliest convenience, so that its conclusion,
together with that of the Mosquito Convention, be no longer delayed, has the
honour, &c.
(Signed? W. G. OUSELEY.
No. 222.
Lord Lyons to Lord J, Russell.-(Received August 1.)
11
I
(Extract.)
Washington, July 19, 1859.
ON the 15th instant I saw the President, and assured him that it was your
Lordship’s wish to treat with the United States' Government upon all questions
in the most candid, open, and friendly spirit.
The President, after desiring me to say to your Lordship that he received
this assurance with the greatest satisfaction, and most cordially responded to it,
observed, that the only difficult questions pending between the two Governments
were those relating to Central America. It would, the President said, be neces-
sary that he should mention these questions in his Message to Congress, at the
commencement of the session in December next; and much, very much, would
depend upon the nature of the announcement he should have to make. If he
should be able to say that the annoying dissensions which had arisen out of the
Clayton-Bulwer Treaty were at an end, all would be well. He feared, however,
M 2
.
.
.
.
.
........." **
264
A
.
that very little progress had yet been made towards settling the two most important
points--the abandonment of the Mosquito Protectorate and the cession of the
Bay Islands. I had informed him, by order of Lord Malmesbury, that fears of
filibustering expeditions from the United States rendered the Nicaraguan
Government unwilling to accept the sovereignty of Mosquitia, if the British V
protection should be withdrawn. These fears, he could assure me, were quite
idle. He had taken such precautions as would, he believed, effectually prevent
any filibustering expeditions leaving this country. At any rate, he was quite
sure that if an expedition did succeed in setting out, it would be intercepted by
the United States' cruizers. The cession of the Bay Islands to Honduras was,
the President continued, still more important than the abandonment of the
Mosquito Protectorate ; towards settling this question he feared no progress had
vet been made. He fully believed that Her Majesty's Government were quite
as anxious as he was to get rid of all these difficulties; he had not the slightest
doubts that the arrangements, as communicated to the Government of the
United States, would be carried out with the most perfect good faith. It was,
however, he said, in conclusion, of the utmost importance that he should be
able to announce to Congress, upon its meeting in December, that the whole
matter was definitely arranged.
On the following day General Cass requested me to call upon him at the
State Department. Upon my presenting myself, he said that he wished to
speak to me very openly and seriously upon a most important subject. There
was now one, and one only matter, he continued, which could lead to any
serious misunderstanding between the United States and Great Britain. The
question of the right of search, which had been so frequently a cause of dissen-
sion, had, happily, been set at rest. If the Central American questions were
also disposed of, nothing would remain to check the present tendency towards
mutual confidence and kind feeling between the two Governments and the two
nations. ..
At this point in the conversation Mr. Appleton, the Assistant Secretary of
State, entered the room, and was invited by General Cass to remain with us.
The General, after recapitulating the observations he had just made,
proceeded to say that the Government, as well as the principal statesmen of all.
parties, and, indeed, all men of sense in the Union, were totally averse to the
idea of annexing any part of Central America to the United States; they
rejected the notion altogether; they would not accept the Isthmus if it were
offered them. There were, however, General Cass said, young and ardent poli-
ticians who were loud in their condemnation of the Clayton-Bulwer Treaty, who
considered that the engagement not to exercise dominion over Central America
was a sacrifice of interest and dignity, and an unjustifiable obstacle to the
fulfilment of the “manifest destiny' of the United States. If, at the opening of
Congress, Great Britain should still be in possession of the Mosquito Protectorate
and the Bay Islands, a violent outcry would, in all probability, be raised
Motions would be made to abrogate instantly the Clayton-Bulwer Treaty ;
indeed, it was difficult to assign any limit to the attacks which would be directed
against the Cabinet, or to the attempts which would be made to force violent
measures upon them. He was quite convinced that Her Majesty's Government
would carry out, with the most scrupulous good faith, the arrangements upon
which they had come to an understanding with the United States; but the
essential point was to do this in time. It was impossible, he said, to overrate
the importance of enabling the President to announce the conclusion of the
whole affair, in his Message to Congress in December. He begged me, in the
President's name, as well as in his own, to omit no effort to impress this upon
your Lordship and upon Her Majesty's Government.
General Cass proceeded to speak of some of the Central American questions
in detail. The Belize boundary had, he understood, been fixed in a satisfactory
manner. Respecting Sir William Gore Ouseley's Transit and Commercial
Treaty, there did not seem to be much to remark. But in what state was the
negotiation respecting the abandonment of the Mosquito Protectorate ? The
difficulty in concluding this negotiation was, it seemed, raised by the Government
of Nicaragua, who alleged their fear of filibustering expeditions as a reason for
not agreeing to the Treaty proposed by Great Britain. For his own part
(General Cass said) he could not but believe, that if decided and energetic
language were used by the British Plenipotentiary, the Nicaraguan Government
LU
265
-
would give way. For instance, that Government might very fairly bę told, that
if they refused to accept, without any more haggling, the very advantageous
offers made by Great Britain, they must not expect any further protection from
the British Government. It was true that Her Majesty's Government had in
some sort engaged to protect Nicaragua during the continuance of Sir William
Ouseley's mission; but the Nicaraguans might be given to understand that if
they continued their unreasonable conduct, both mission and protection would
be withdrawn. He had a great esteem for Sir William Ouseley, but he could
not help doubting whether he had shown the energy and firmness which were
so necessary in treating with a people like that of Nicaragua. Sir William did.
not seem to give sufficient weight to the really important object of his mission,
that of removing as effectually and as speedily as possible, the sources of dissen-
sion between Great Britain and the United States. Then, too, Sir William
Ouseley and the American Minister, General Lamar, appeared, unfortunately,
to have had very little communication, and not to have given each other the
mutual aid and support which would have been so advantageous.
General Lamar had resigned his office, and was expected at Washington at
the end of the month. It would be desirable to appoint his successor without
delay, but it was very difficult to find any one, willing to undertake the mission,
who combined a knowledge of the Spanish language with the other desirable
qualifications.
It appeared (General Cass went on to say) that Sir William Ouseley did
not intend to stay much longer in Central America, and that Mr. Wyke, who
was to have treated with Honduras, had set out some time ago for England.
By whom then was Great Britain represented in Central America ? Could not
Her Majesty's Government send out some man of undoubted skill and energy
who would settle the whole matter out of hand ? There must be many such
men in England. Great Britain and the United States being agreed upon an
arrangement, and that arrangement being extremely advantageous both to Nica-
ragua and Honduras, surely means might be found of concluding matters with
those two petty States. -
General Cass. concluded by saying that he would entreat me again to use
every means in my power to make your Lordship aware of the extreme
importance of settling all the questions, once for all, before the meeting of
Congress in December next.
I said to General Cass that no one could be more anxious than I was that
an end should be put to these unfortunate causes of dissension; that I fully
comprehended the evils that would only too probably ensue, if they should not
be altogether removed before the meeting of Congress ; and that I would not
fail to report at length to your Lordship, as accurately as my memory would
permit, what had been said by the President and by himself on the subject.
After all that had happened, it was, I said, impossible to doubt that the British
Government most heartily desired to settle the questions as soon as possible.
They had consented to give up, in practice, their own interpretation of the
Bulwer-Clayton Treaty; and had determined to surrender valuable rights and
possessions in Central America. They were fully aware of the extent of the
concession they had thought fit to make; but in this matter there were two
considerations which they regarded as paramount to all others: the securing a
transit route open upon perfectly free and equal terms to the commerce of all
nations; and the maintenance of a cordial friendship with the United States. V
It could not be supposed that after sacrificing so much to these two great consi-
derations, Her Majesty's Government would, if it depended upon them, allow
the advantages of their conciliatory policy to be hazarded by delays and diffi-
culties raised by the Central American States. I would not deny that he and I,
viewing matters from our own position, and with our strong wishes regarding
them, might not unnaturally be led to think that, amid the embarrassments of
negotiating on the spot, the main object--that of removing speedily the causes
of difference between Great Britain and the United States-had not been at all
times kept fully in view. I had, however, received very detailed information
from Sir Williain Ouseley respecting a part of his negotiation, and had been
convinced that it was next to impossible that we, in the United States, could be
fair judges of the innumerable difficulties with which the negotiator on the spot
had to contend. Sir William Ouseley's present instructions were to urge the
immediate settlement of the question of the Mosquito Protectorate by every
266
possible means, and I was informed that he was pursuing that object with the
utmost earnestness.
I would not fail, I said, to represent as forcibly as I could to your Lordship
the necessity of using all possible expedition in completing all the negotiations.
We were, T observed, already in the middle of July; my report of our conversa-
tion would not reach your Lordship till the beginning of August; if a fresh
negotiator was to be sent out from England, time must be allowed for his
preparations and his voyage. The Treaties must be concluded in Central
America, be sent home to England for approval, and the intelligence of the approval
be transmitted from London to Washington by the beginning of December at
latest. Some of these delays might perhaps be avoided by direct communica-
tion between this place and Central America ; still it would not be easy to get
all this done in four months.
General Cass said that all these difficulties might, he thought, be
surmounted by activity and decision; but certainly there was not a moment to
lose. He felt convinced that I must perceive that the Government and the
leading men in the United States were sincerely anxious to create and foster
friendship and sympathy with England in the present hazardous state of European
affairs. It would be a thousand pities that their efforts should be frustrated by
a mere delay in concluding a negotiation. The people of the United States
were now approaching the critical period which they traversed every four years.
The Presidential election was at hand. It was the time when the most violent
appeals were made to popular feeling, when exciting topics were sought on all
sides. No man could say how much, how very much, might depend upon
removing all pretext for raising a cry of hostility to England. It was impossible
to overrate the importance of the President's being able to announce the termina-
tion of the Central American Questions in his Message to Congress.
I repeated that I would not fail to submit the whole matter as clearly as I
could to your Lordship's consideration.
19
No. 223.
Lord J. Russell to Lord Lyons.
Y
(Extract.)
Foreign Office, August 4, 1859.
HER Majesty's Government have had under serious consideration your
Lordship's despatch of the 19th ultimo, respecting the question of Central
America.
. I have to acquaint your Lordship that Her Majesty's Government regret
the delays that have been interposed to prevent the formal abandonment by
Great Britain of the Mosquito Protectorate, and of the sovereignty of the Bay
Islands. Her Majesty's Government can make no promise that these intricate
affairs will be concluded before the President's Message in December, but they
will use their utmost endeavours to accomplish that object, and, if they fail, it
shall be made clear that it was from no fault of theirs.
A fresh Mission is about to be sent to Central America, with a view to
finish these wearisome negotiations.
At the same time, the Government of the United States will, I am sure,
readily admit that on all the coasts and in all the capitals of Central and South
America, British interests are concerned, and British merchants require protec-
tion. That protection must be afforded by Her Majesty's naval forces, and no
filibusters, pirates, or plunderers, will be allowed to disturb the peaceful commerce
of Her Majesty's subjects.
V
267
No. 224.
- Lord Lyons to Lord J. Russell.“-(Received August 14.)
(Extract.)
Washington, August 2, 1859.
I HAD, yesterday, some conversation with General Cass, respecting the
British negotiations with the States of Central America.
The General introduced the subject by calling my attention to an article
which appeared in the “New York Herald” of the 29th ultimo, respecting the
Treaty recently signed by Mr. Wyke with the Republic of Guatemala. He said
that this Treaty had given rise to violent attacks against Great Britain in the
Press; that she was accused of “ retaining and extending her dominion in
Central America, in contempt alike of the Monroe doctrine and the Clayton
Bulwer Treaty.” For his own part, the General said, he had perfect confidence
in the good faith of England, and was thoroughly convinced that the Central
American questions would all be ultimately settled in complete accordance with
the understanding between our two Governments, but, certainly, things had
so happened as to have an unfortunate effect upon the opinion of the American
public. Mr. Wyke's Treaty had, he was informed, been already ratified by
Her Majesty. It was certainly unlucky that the first Treaty ratified should be
one securing and confirming British possessions, while the promised Treaties for
ceding rights and territories claimed by Great Britain had (so far as he knew)
made little or no progress. He asked me whether it was certain that the Wyke
Treaty had been ratified, and whether I was in a position to communicate a
copy of it to him officially.
I answered, that the Treaty had certainly been ratified; that I was not
authorized to furnish him with a copy officially, but that I could tell him in a
few words the substance of it. I reminded him, that soon after my arrival
here, I had informed him that Her Majesty's Government were endeavouring to
settle with the Republic of Guatemala, upon the basis laid down in the
Clarendon-Dallas Treaty, the boundary of the British Settlement of Belize.
The Treaty signed by Mr. Wyke was, I proceeded to say, the result of that
endeavour. It was in complete accordance with the basis laid down in the first
section of the second Separate Article of the Clarendon-Dallas Treaty.
It was in fact a Treaty to define the boundary between the Republic of
Guatemala, and the British Settlement and Possessions in the Bay of Honduras,
as they existed previous to and on January 1, 1850, and continued to exist
since. The section of the Clarendon-Dallas Treaty, on which it was founded,
had, if I recollected right, been passed without amendment by the United States'
Senate, consequently I thought that the conclusion of a Treaty upon the basis
laid down by it was satisfactory, as one step towards a termination of the
Central American questions. It was of course merely accidental that this
Treaty happened to be the first that had been ratified. Mr. Wyke had
succeeded in concluding rapidly a satisfactory Treaty with Guatemala, while
Sir William Ouseley had met with difficulties in arranging with Nicaragua the
abandonment of the Mosquito Protectorate. Mr. Wyke's Treaty having been
concluded and found unobjectionable, had, in the usual course, been ratified.
The conduct of Her Majesty's Government in refusing to ratify the Transit
Treaty, signed by Sir William Ouseley, with Nicaragua, until the Treaty with
that Republic for the abandonment of the Protectorate should be also signed,
gave ample proof of their desire to act on that point in conformity with their
understanding with the United States. With regard to the cession of the
Bay Islands, instructions had (as I had previously informed the General) been
sent to Mr. Wyke, to prepare to negotiate on that subject with Honduras.
These instructions had unluckily not reached Mr. Wyke until he was on his
way to England, but the delay occasioned by this would not in all probability
be great.
General Cass replied, that the account I had given him of the contents of
the Wyke Treaty was just what he expected, and was completely satisfactory.
He observed, however, that the newspaper articles, which had been provoked by
the Treaty, showed how very sensitive public opinion in the United States
was on the subject of Central America; and he seemed extremely desirous to
impress ypon me the very great importance of bringing all the questions to a
11
2 N
268
conclusion before the meeting of Congress in December, in fact, of the
President's being able to announce in his message, that the cession of the
Bay Islands and the abandonment of the Mosquito Protectorate were things
already done.
A copy of the Treaty signed by Mr. Wyke with Guatemala was forwarder
for my information with your Lordship's despatch of the 1st ultimo, but
I have not received any authority to communicate it to the Government of the
United States. Your Lordship will judge whether it be desirable to furnish me
with another copy, and to give me a discretionary power to place it in General
Cass' hands.
No. 225.
YY
Lord J. Russell to Mr. Wyke.
(Extract.)
Foreign Office, August 15, 1859.
I HAVE to acquaint you that the Queen has been graciously pleased to
select you to proceed as Her Majesty's Envoy Extraordinary and Minister
Plenipotentiary on a special Mission to Central America, for the purpose of
relieving Sir William Gore Ouseley, and continuing or resuming the negotiations
with which lie has been charged. Sir William Gore Ouseley was at San José
in Costa Rica at the date of the last despatches received from him. He will be
instructed by the mail of the 16th instant to announce to the Costa Rican
Government that his special Mission is at an end, and to return forthwith to
Europe, taking leave of the Government of Nicaragua in writing without
returning to that Republic. If, however, he should have returned to Nicaragua
and my despatch should reach him there, lie is ordered at once to take
leave of the Government and come away, without revisiting Costa Rica, He
is further instructed to make over to you all the archives of the special Mission
including not only the originals of all despatches or official communications
addressed to him, but also the drafts or copies of all which he has himself
written,
I transmit to you full power which the Queen has been graciously pleased
to grant to you under the Great Seal, constituting you Her Majesty's Pleni-
potentiary for the negotiations with which you are charged; and also letters
which Her Majesty has addressed to the Presidents of the Republics of
Honduras, Nicaragua, Guatemala, and Costa Rica, accrediting you in the
character of Her Envoy Extraordinary and Minister Plenipotentiary on a
special Mission.
I propose to convey to you in separate despatches the instructions of Her
Majesty's Government in regard to the negotiations with the Republics of
Honduras and Nicaragua which are intrusted to your hands.
You will proceed in the first instance to Guatemala. That Republic has,
perhaps, the greatest weight of the five which compose the Central American
group, and its influence may, if the Government be so disposed, very usefully
and even powerfully aid you in accomplishing the main objects of your Mission
which lie with the Republics of Honduras abiel Nicaragua. Your intimate
knowledge of the Government of Guatemala will enable you to take the best
means for obtaining the advantage of their advice and influence with the sister
Republics. In delivering your letter of credence you will say that, although
Her Majesty's Government have not at the present moment any special nego-
tiation open with the Republic, they were unwilling to send you in a high
diplomatic character to any other of the Republics of Central America without
directing you to repair in the first place to Guatemala in a similar character.
They consider this as a mark of attention due to the friendship and confidence
recently shown by the Republic to Great Britain in the frank and prompt
conclusion with you of the Treaty defining the boundary of British Honduras, a
Treaty which Her Majesty's Government are convinced will promote the best
interests of both parties.
You will say to the President of Guatemala, that Her Majesty's Govern-
ment take a lively interest in the welfare of that Republic; that they have seen
with satisfaction the success which has attended the efforts of its Government
269
to pursue a steady course in the troubles by which Central America has for
many years been distracted; anıl although you will be careful not to hold out
any prospect of material assistance from this country to defend Central
America from the attacks of filibusters, you may say that Her Majesty's
Government will always be ready to press the Government of the United States
to restrain any such attacks on the part of American citizens; and that Her
Majesty's Government feel satisfied that the Government of Central America
will find their surest policy to be in the speedy and amicable settlement of open
questions with England and the United States, inasmuch as the existence of
such open questions is the greatest encouragement to filibusters.
. Her Majesty's Gomernment would wish you not to prolong your stay at
Guatemala beyond the time that may be absolutely necessary.
You should next proceed to the seat of Government of the Republic of
Honduras. The object of your visit to that place is one of the most impor-
tant of your Mission, and I shall in another despatch of this date convey to you
the instructions of Her Majesty's Government for your guidance.
When you shall have accomplished your business at Comayagua, you will
next repair to the seat of Government of the Republic of Nicaragua, and will
then complete, according to the instructions contained in a third despatch of
this date, the negotiations which have to a certain point been carried on by
Sir William Gore Ouseley.
These negotiations being completed, you may return to England.
-
Ce e
No. 226.
Lord J. Russell to Mr. Wyke.
(Extract.)
Foreign Office, August 15, 1859.
THE questions which Her Majesty's Government are desirous that you
should arrange with the Government of the Republic of Honduras are:-The
transfer to the Republic of the sovereignty of the Bay Islands, and of so much
of the Mosquito Territory as lies within the Honduras frontier, coupled with
some reasonable arrangements in favour of the inhabitants of the Bay Islands
and of the Mosquito Indians, and also with an arrangement for the investigation
by means of a Mixed Commission of the claims of British subjects, arising
out of land grants or other causes.
In August 1856, two Conventions, for the arrangement of all these
matters, were signed by the Earl of Clarendon and Señor Herran, the Honduras
Minister at this Court. These Conventions, however, were not ratified by
the Honduras Legislature; and, on fuii consideration, Her Majesty's Govern-
ment are disposed to think that the details of the arrangements laid down in
them would admit of much simplification, without injury to their substance.
Under this view a fresh draft of Treaty has been prepared, combining in one
so much of the provisions of both the Conventions of 1856, as it seems indis-
pensable to retain. I transmit to you copies of the Conventions of 1856, and
of the new draft. On comparing these documents you will perceive that
nothing is now left to which the Honduras Government can take any reasonable
exception. In regard to the Bay Islands, those stipulations of the Convention
of 1856 have been suppressed, which provided for the erection of those islands
into a free territory, and for the government of such territory by its own
municipal authorities. The transfer of the sovereignty of the islands to
Honduras is, in fact, made immediate and complete, with merely a provision :
that the inhabitants shall not be disturbed in the enjoyment of their property;
that they shall retain freedom of conscience and of religious worship, and shall
be at liberty to remove elsewhere with their property if they should think fit
so to do.
In regard to the Niosquito Territory, the engagements contained in
Article II of the Convention of 1856 are reduced in the new draft to a simple
recognition of the title of Honduras to such part of that territory as may be
within her frontier, coupled with a provision that the Indians residing therein
may either withdraw with their property or remain under the protection of the
Republic as citizens thereof.
The arrangements of the Convention of 1856, respecting the investigation
2 N 2
270
of British claims, arising out of land grants or otherwise, are retained ; and to
this Her Majesty's Government cannot anticipate any valid objection, seeing
that it is essential to the preservation of those friendly relations which they
desire to maintain with the Republic, that a decision should be come to
respecting matters which are a cause of continual discussions between the two
Governments. Her Majesty's Government propose that the place of meeting
of the Mixed Commission, for the investigation of claims, shall. be Belize
instead of Truxillo, as fixed by the Convention of 1856. They have been
informed that Truxillo would be extremely inconvenient to the claimants, and
to the Honduras Government the change can be of little importance.
I have to instruct you to propose to the Honduras Government the
Treaty of which I transmit to you the draft. You will bring to bear
upon them every consideration which your knowledge of the subject, and
of the people with whom you have to deal, may suggest to you, and you will
impress upon the Government that erery reasonable objection having been
considered by Her Majesty's Government, with a view to satisfy Honduras,
any hesitation on their part to accept the proposals now offered to them will
infallibly deprive them of all shadow of claim to the friendship and good offices
of Great Britain, under any circumstances whatever.
: 1 conceive that a stay of two or three weeks in Honduras will be sufficient
to carry out the objects of your Mission, if you are met in a proper spirit by
the Government. If you succeed in getting the Treaty signed Her Majesty's
Government are of opinion that the Honduras Government should immediately
take the necessary steps for obtaining the sanction of their Legislature for its
ratification. They should, if the Legislature be not in Session, convoke it
specially for this important object, and use every exertion to pass the confir-
mation of the Treaty speedily through the Chainber, so that the decision may
be given before your departure.
..
Inclosure in No. 226.
Draft Treaty between Her Majesty and the Republic of Honduras.
HER Majesty the Queen of the United Kingdom of Great Britain and
Ireland, and the Republic of Honduras, being desirous to settle in a friendly
inanner certain questions in which they are mutually interested, have resolved
to conclude a Treaty for that purpose, and have named as their Plenipotentiaries,
that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Charles Lennox Wyke, Esquire, Companion of the Most Honourable
Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister
Plenipotentiary, on a special Mission to the Republics of Central America ;
And his Excellency the President of the Republic of Honduras,
Who, after having communicated to each other their respective full powers,
found in good and due form, have agreed upon and concluded the following
Articles :-
ARTICLE I.
I
Taking into consideration the peculiar geographical position of Honduras,
and in order to secure the neutrality of the islands adjacent thereto, with
reference to any railway or other line of inter oceanic coinmunications which may
be constructed across the territory of Honduras on the mainland, Her Britannic
Majesty agrees to recognize the Islands of Ruatan, Bonaca, Elena, Utile, Bar-
barete, and Morat, situated in the Bay of Honduras, as a part of the Republic
of Honduras.
The inhabitants of the said islands shall not be disturbed in the enjoyment
of any property of which they may be possessed therein, and shall retain perfect
freedom of religious belief and worship, public and private. If any of them
should wish to withdraw from the islands, they shall be at full liberty to do so,
to dispose of their fixed or other property as they may think fit, and to take with
them the proceeds thereof.
11
271
The Republic of Honduras engages not to cede the said islands, or any of
them, or the right of sovereignty over such islands, or any of them, or any part
of such sovereignty, to any nation or State whatsoever.
ARTICLE II.
Her Britannic Majesty engages, subject to the conditions and engagements
specified in the present Treaty, and without prejudice to any question of
boundary between the Republics of Honduras and Nicaragua, to recognize as
belonging to and under the sovereignty of the Republic of Honduras, the
country hitherto occupied or claimed by the Mosquito Indians within the frontier
of that Republic, whatever that frontier may be.
The British Protectorate of that part of the Mosquito Territory shall cease
hree months after the exchange of the ratifications of the present Treatv.
ARTICLE III.
The Mosquito Indians in the district recognized by Article II of this
Treaty as belonging to and under the sovereignty of the Republic of Honduras
shall be at liberty to remove, with their property, from the territory of the
Republic, and to proceed whithersoever they may desire; and such of the
Mosquito Indians who remain within the said district shall not be disturbed in
the possession of any lands or other property which they may hold or occupy,
and shall enjoy, as citizens of the Republic of Honduras, all rights and privileges
enjoyed generally by the citizens of the Republic.
ARTICLE IV.
1
Whereas British subjects have by grant, lease, or otherwise, heretofore
obtained from the Mosquito Indians, interests in various lands situated within
the district mentioned in the preceding Article, the Republic of Honduras
engages to respect and maintain such interests; and it is further agreed that
Her Britannic Majesty and the Republic shall, within twelve months after the
exchange of the ratifications of the present Treaty, appoint two Commissioners,
one to be named by each party, in order to investigate the claims of British
subjects arising out of such grants or leases, or otherwise; and all British
subjects whose claims shall by the Commissioners be pronounced well founded
and valid, shall be quieted in the possession of their respective interests in the
said lands.
ARTICLE V.
It is further agreed between the Contracting Parties, that the Com-
missioners mentioned in the preceding Article shall also examine and decide
upon any British claims upon the Government of Honduras that may be
submitted to them, other than those specified in that Article, and not already
in a train of settlement; and the Republic of Honduras agrees to carry into
effect any agreements for the satisfaction of British claims already made, but
ARTICLE VI.
The Commissioners mentioned in the preceding Articles shall meet at
Belize, at the earliest convenient period after they shall have been respectively
named, and shall, before proceeding to any business, make and subscribe a
solemn declaration, that they will impartially and carefully examine and decide
to the best of their judgment, and according to justice and equity, without fear,
favour, or affection to their own country, all the matters referred to them for
their decision; and such declaration shall be entered on the record of their
proccedings.
The Commissioners shall then, and before proceeding to any other
business, name some third person to act as an arbitrator or umpire in any case
272
or cases in which they may themselves differ in opinion. If they should not
be able to agree upon the selection of such a person, the Commissioner on
either side shall name a person ; and in each and every case in which the
Commissioners may differ in opinion as to the decision which they ought to
give, it shall be determined by lot which of the two persons so named shall be
arbitrator or umpire in that particular case. The person or persons so to be
chosen, shall, before proceeding to act, make and subscribe a solem
declaration, in a form similar to that which shall already have been made and
subscribed by the Commissioners, which declaration shall also be entered on
the record of the proceedings. In the event of the death, absence, or
incapacity of such person or persons, or of his or their omitting or declining
or ceasing to act as such arbitrator or umpire, another person or other persons
shall be named as aforesaid to act as arbitrator or umpire in his or their place
or stead, and shall make and subscribe such declaration as aforesaid.
Her Britannic Majesty and the Republic of Honduras hereby engage to
consider the decision of the Commissioners conjointly, or of the arbitrator or
umpire, as the case may be, as final and conclusive on the matters to be
referred to their decision; and they further engage forthwith to give full effect
to the same.
ARTICLE VII.
The Commissioners and the arbitrator or umpire shall keep an accurate
record, and correct minutes or notes of all their proceedings, with the dates
thereof, and shall appoint and employ a clerk or other persons to assist them in
the transaction of the business which may come before them.
The salaries of the Commissioners shall be paid by their respective
Governments. The contingent expenses of the Commission, including the
salary of the arbitrator or umpire, and of the clerk or clerks, shall be defrayed
in equal halves by the two Governments.
ARTICLE VIII.
The present Treaty shall be ratified, and the ratifications shall be
exchanged at
as soon as possible within . months
from this date.
In witness whereof the respective Plenipotentiaries have signed the same,
and have affixed thereto their respective seals.
Done at
the
day of
in the year of our Lord one thousand eight hundred and
No. 227.
Lord J. Russell to Mr. Wyke.
17a
VIN
(Extract.)
Foreign Office, August 15, 1859.
IN order to convey to you the instructions of Her Majesty's Government,
for your guidance in the negotiation which you are to undertake with the
Government of Nicaragua, it is necessary that I should explain what has already
been done, with a view to the settlement of the question in discussion with that
Republic.
When Sir William Gore Ouseley proceeded from the United States to
Central America, at the end of October last, he was furnished with drafts of
three Treaties to propose to the Government of Nicaragua :-
1. A Treaty of Friendship, Commerce, and Navigation, containing certain
Articles relative to the interoceanic transit. This draft was founded upon the
Treaty concluded on the 16th of November, 1857, between the United States
and Nicaragua, and commonly called the Cass-Yrissari Treaty. The commercial
Articles of the latter were slightly modified, so as to adapt them to our system;
the articles relative to the transit were adopted from the American Treaty with
very little change, and that purely immaterial.
7
273
• 2. A Treaty relative to the Mosquito Territory and the claims of British
subjects. The arrangements of this draft were token from the Clarendon-Dallas
Treaty of October 17, 1856.
3. A Convention or Agreement respecting Post-office arrangements.
The last-mentioned Convention has been concluded and put in operation; so
that it may be dismissed from consideration,
Of the other two drafts, I transmit to you copies, as well as copies of the
Clarendon-Dallas Treaty (which you are aware was never ratified) and of the
Articles of the Cass-Yrissari Treaty, which relate to the interoceanic transit.*
After the arrival of Sir William Gore Ouseley in Nicaragua, he communi-
cated to the Nicaraguan Government, first the draft of the Treaty of Commerce
and Navigation, and shortly afterwards the draft of the Treaty respecting the
Mosquito Territory. He proceeded in the first place with the negotiation of the
former Treaty, and signed it on the 18th of January last, having, however,
admitted into it various alterations of the draft given to him. Some of those
alterations were of no great importance, but others, which occurred in the
articles respecting the interoceanic transit, were of a very embarrassing nature.
In order to show you clearly what they were, I transmit a printed copy of
the draft, with the alterations marked in manuscript, and Sir William Gore
Ouseley's reasons for admitting them.t.
Her Majesty's Government, having taken the Treaty into consideration,
were of opinion that some of the alterations of the draft were such as they could
not sanction, and the Earl of Malmesbury accordingly informed Sir William
Ouseley that the Treaty could not be ratified in the form in which he had signed
it. His Lordship at the same time transmitted to him a draft in which were
marked such of the alterations as Her Majesty's Goverment were prepared to
admit, telling him, however, that they considered that Treaty, and the Treaty
respecting the Mosquito Territory, as forming together one and the same
arrangement, and that Her Majesty's Government would not ratify one without
the other. A copy of the draft in question is also inclosed. I
In this position the negotiation of the Treaty rests at the present
moment, so far as Her Majesty's Government are aware.
The most important and ernbarrasging alteration of the draft which Sir
William Gore Ouseley admitted, was the introduction into Article XXII of
a clause by which Great Britain engaged to discourage and prevent the organi-
zation of filibustering expeditions in her territories against those of Nicaragua.
It is obvious that this engagement had no real meaning so far as Great Britain
and Nicaragua are concerned, except as a simple concession. But the
Nicaraguan Government having prevailed upon the British negotiator to consent
to its insertion in the British Treaty, made that insertion a ground for endea-
vouring to insert it likewise in the Cass-Yrissari Treaty. That Treaty after great
delay, and much communication between the Governments of Nicaragua and
of the United States, seemed on the point of being ratified with some slight
modifications. The attempt by Nicaragua to introduce at the last moment a
new clause which the American Government considered an insult, especially
when proposed under the shelter, as it were, of a similar clause introduced
without any practical meaning into a Treaty between Great Britain and
Nicaragua, justly excited the displeasure of the American Government, and
has led to the withdrawal of their Minister, and the threat of a resort to force
if the Cass-Yrissari Trcaty be not immediately ratified without the obnoxious
clause. The insertion of the clause in the British Treaty might, moreover, have
created an unfriendly feeling on the part of the American Government towards
Great Britain, had not Her Majesty's Government set themselves right by
at once informing the American Government that the clause was added to the
Treaty without their authority, and was disapproved.
I now turn to the negotiation in regard to the draft of Treaty respecting
the Mosquito Territory. I have already stated that Sir William Gore Ouseley
presented the draft of that Treaty to the Nicaraguan Minister soon after the
draft of the Treaty of Commerce. The latter was negotiated and signed in
the first place. The Nicaraguan Minister having obtained by the Treaty of
Commerce a guarantee of the neutrality of the interoceanic communication,
* Inclosures in Nos. 4 and 66. † Inclosure 1 in No. 152. Inclosure 2 in No, 154.
274
17
11
and an engagement obliquely directed against American filibusters showed
no great anxiety to proceed with the second Treaty. Sir William Gore Ouseley
indeed pressed it upon his attention ; but finding that his business made no
progress, he resolved upon visiting Costa Rica with the view of completing his
negotiation there, and of afterwards returning to Nicaragua to conclude the
Mosquito Treaty. After his arrival at San José he received an official commu-
nication from Señor Zeledon, stating that the Nicaraguan Government had
consulted the Senate of the Republic in regard to the draft of Treaty, and
detailing certain modifications of the draft which the Senate considered
necessary; adding, that if Sir William Gore Ouseley were able to accept them,
a Plenipotentiary would be appointed to confer with him. Under these circum-
stances, Sir William Gore Duseley could do no more than transmit Señor
Zeledon's communication to Her Majesty's Government for their consideration.
On examining Señor Zeledon's note, it was found somewhat difficult to form
an opinion with regard to it. He had merely described under a series of heads
the nature of the modifications which his Government desired, but without
offering a complete counter-draft of the Treaty. Consequently it was not clear
whether the Nicaraguan Government proposed to suppress or to retain such
passages of the draft as were not specifically superseded by the particular
modifications mentioned in his letter. Sir William (useley was therefore
informed that so far as Her Majesty's Government understood the scope of
Señor Zeledon's modifications, they did not offer any insuperable obstacle to
further negotiation, with, however, the exception of two stipulations: one which
appeared to supersede the arrangement proposed by our draft for the payment
of a pecuniary compensation to the Mosquito King for the abandonment of his
interest in the territory which is to be placed under the sovereignty of
Nicaragua; the other, which would have bound Great Britain indefinitely to
continue her protection to the Mosquito Coast until the conclusion of a joint
arrangement between Great Britain, the United States, and Nicaragua, on
the principle of the Clayton-Bulwer Treaty. Lord Malmesbury informed Sir
William Gore Ouseley, with reference to this last proposition, that the utmost
Her Majesty's Government could assent to would be to continue the British
protection for the period of a year after the signature of the Treaty, so as to
give Nicaragua time to prepare for its defence ; and he was authorized to
insert an Article to that effect in the Treaty.
In this state the negotiation relative to the Mosquito Question now
remains. But with a view to the conclusion of this embarrassing affair, Her
Majesty's Government have remodelled the draft of Treaty in such a manner
as to make it conformable to the wishes expressed by the Nicaraguan Senate,
in all points except the two which relate to the pecuniary compensation to the
Mosquito Chief, and the indefinite continuance of the British Protectorate.
Her Majesty's Government propose that their Protectorate shall cease three
months after the exchange of the ratifications of the Treaty; a period which,
although not so long as that mentioned by Lord Malmesbury, is in reality not
so much shorter as it would appear to be ; because in the one case the year
was to date from the day of signature, and in the other, the three months are
to date from the day of the exchange of ratifications:
I transmit to you a copy of the new draft which you are to propose to the
Nicaraguan Government.
It is possible that before you reach Nicaragua, Sir William Gore Ouseley
may have returned thither, and inay have concluded one or both of the Treaties.
If he should have signed the new Treaty of Commerce and Navigation in the
terms of the amended draft sent to him in the Earl of Malmesbury's despatch
of the 23rd of March last, you will not have occasion to enter upon that
part of the question ; but if, as is most likely, that Treaty remains unsigned
when you arrive, you will state to the Nicariguan Government that you are
authorized to sign it in the terms of the amended draft which has been commu-
nicated to them by Sir William Gore Ouseley, provided the Treaty about the
Mosquito Territory be signed at the same time.
It is not at all probable, judging from the tenor of Sir William Ouseley's
late despatches, that he will have concluded the Mosquito Treaty. If, however,
he should have done so, and the Treaty shall have been confirmed by the Nica-
raguan Congress, it will be best not to disturb the arrangement; but if the
DUL
1
275
Treaty has either not been signed, or has been signed and not ratified by the
Congress, you will propose the draft with which you are furnished, and which
will doubtless be more acceptable to the Nicaraguan Government than the
Treaty which Sir William Ouseley would feel authorized to propose or. sign
Even if he should have signed a Treaty, the new one can be substituted for it,
You will speedily form an opinion as to the success of your Mission, and
Her Majesty's Government would not wish it to be much prolonged. You will
state to the Nicaraguan Government that Her Majesty's Government make this
last effort to arrange the Central American question, so far as Nicaragua is
concerned'; that they expect a prompt and frank acceptance of the very favour-
able terms which they now offer; and that if any hesitation or delay takes
place, Her Majesty's Mission will be at once withdrawn, and Great Britain will
leave the Republic to take the consequences of their infatuation. I trust,
however, that the Nicaraguan Government will have sufficient discretion to see
the dangerous position in which it would then be placed, and the necessity of at
once arranging the questions which have been so long pending with this
country.
I have only to add that Her Majesty's Government expect not only that
the Treaties should be promptly signed, but that they should be as promptly
ratified. If the Nicaraguan Congress be not in session at the time, it is not too
much to require that in a matter of so much importance a special session should
be convoked for the purpose of passing the Treaties, so that they may be
ratified before your departure. The ratifications might, indeed, be confided to
you with instructions to M. Marcoleta to exchange them at London against
those of Her Majesty. You will, however, warn the Government that it will be
vain for them to ratify the Treaty of Commerce without ratifying also the
Mosquito Treaty, for Her Majesty's Government will not accept the one without
the other.
LY
Inclosure 1 in No. 227.
Draft Treaty between Her Britannic Majesty and the Republic of Nicaragua,
relative to the Mosquito Indians, and to the Rights and Claims of British
Subjects.
HER Majesty the Queen of the United Kingdom of Great Britain and
Ireland, and the Republic of Nicaragua, being desirous to settle in a friendly
manner certain questions in which they are mutually interested, have resolved
to conclude a Treaty for that purpose, and have named as their Plenipotentiaries,
that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Charles Lennox Wyke, Esquire, Companion of the Most Honourable
Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister
Plenipotentiary on a Special Mission to the Republics of Central America ;
And His Excellency the President of the Republic of Nicaragua,
Who, after having communicated to each other their respective full powers,
found in good and due form, have agreed upon and concluded the following
Articles :-
ARTICLE I.
Her Britannic Majesty engages, subject to the conditions and engage-
ments specified in the present Treaty, and without prejudice to any question of
boundary between the Republics of Nicaragua and Honduras, to recognize as
belonging to and under the Sovereignty of the Republic of Nicaragua, the
country hitherto occupied or claimed by the Mosquito Indians within the
frontier of that Republic, whatever that frontier may be.
The British Protectorate of that part of the Mosquito Territory shall cease
three months after the exchange of the ratifications of the present Treaty.
20
276
ARTICLE II.
D
A district shall, within the territory of the Republic of Nicaragua, be
assigned to the Mosquito Indians; but the Government of the Republic reserves
to itself all mines and minerals within the same.
Such district shall be comprised in a line which shall begin at the mouth
of the River Rama in the Caribbean Sea; thence it shall run up the midcourse
of that river to its source, and from such source proceed in a line due west to
the meridian of 84° 15' longitude west from Greenwich; thence due north up
the said meridian until it strikes the River Hueso, and down the midcourse of
that river to its mouth in the sea, as laid down in Baily's map, at about latitude
from 14° to 15° north, and longitude 83° west from the meridian of Greenwich;
and thence southerly along the shore of the Caribbean Sea to the mouth of the
River Rama, the point of commencement.
But the district thus assigned to the Mosquito Indians may not be ceded
by them to any other State, but shall be and remain under the sovereignty of
the Republic of Nicaragua,
LUI
ARTICLE III.
The Mosquito Indians, within the district designated in the preceding
Article, shall enjoy the right of governing, according to their own customs, and
according to any regulations which may from time to time be adopted by them,
not inconsistent with the sovereign rights of the Republic of Nicaragua,
themselves, and all persons residing within such district. Subject to the above-
mentioned reserve, the Republic of Nicaragua agrees to respect and not to
interfere with such customs and regulations so established, or to be established,
within the said district.
ARTICLE IV.
It is understood, however, that nothing in this Treaty shall be construed
to prevent the Mosquito Indians, at any future time, from agreeing to absolute
incorporation into the Republic of Nicaragua on the same footing as other
citizens of the Republic, and from subjecting themselves to be governed by the
general laws and regulations of the Republic, instead of by their own customs
and regulations.
ARTICLE V.
The Republic of Nicaragua being desirous of promoting the social
improvement of the Mosquito Indians, and of providing for the mainten-
ance of the authorities to be constituted under the provisions of Article III
of this Treaty, in the district assigned to the said Indians, agrees to grant
to the said authorities, for the space of ten years, with a view to such
purposes, an annual sum of
dollars, to be paid out of the duties
levied upon goods imported for consumption within the Republic. The said
sum shall be paid at Greytown, by half yearly payments, to such person as may
be authorized by the Chief of the Mosquito Indians to receive the same, and
the first payment shall be make
months after the exchange of the
ratifications of the present Treaty.
ARTICLE VI.
Her Britannic Majesty engages to use her good offices with the Chief of
the Mosquito Indians, in order to induce him to accept the arrangements in his
behalf, which are contained in the preceding Articles,
277
ARTICLE VII.
The Republic of Nicaragua shall constitute and declare the port of Grey-
town, or San Juan, a free port under the sovereign authority of the Republic.
But the Republic, taking into consideration the immunities heretofore enjoyed
by the inhabitants of Greytown, consents that in all causes, civil or criminal,
arising, or to be tried within the limits of the said free port, the parties to such
causes shall have the benefit of trial by jury; and, further, that all persons
residing within the said free port shall enjoy perfect freedom of religious belief,
and of worship, public and private.
No duties or charges shall be imposed upon vessels arriving in, or departing
from, the free port of Greytown, other than such as may be sufficient for the
due maintenance and safety of the navigation, for providing lights and beacons,
and for defraying the expense of the police of the port; neither shall any duties
or charges be levied in the free port on goods arriving therein, whether in
transit, or destined for consumption within the said port. But nothing
contained in this Article shall be construed to prevent the Republic of Nicaragua
from levying the usual duties on goods destined for consumption in the Republic
beyond the limits of the free port.
ARTICLE VIII.
IU
All bona fide grants of land for due consideration made in the name and
by the authority of the Mosquito Indians, since the 1st of January, 1848, and
lying beyond the limits of the territory reserved for the said Indians, shall be
confirmed, provided the same shall not exceed in any case the extent of one
hundred yards square, if within the limits of San Juan or Greytown, or one
league square if without the same, and provided that such grant shall not
interfere with other legal grants made previously to that date by Spain, the
Republic of Central America, or either of the present States of Central America;
and provided further, that no such grant within either of the said States shall
include territory desired by its Government for forts, arsenals, or other public
buildings. This stipulation is in no manner to effect the grants of land made
previously to the 1st of January, 1848.
In case, however, any of the grants referred to in the preceding paragraph
of this Article should be found to exceed the stipulated extent, the Commis-
sioners hereinafter mentioned shall, if satisfied of the bona fides of any such
grants, award to the grantee or grantees, or to his or their representatives or
assigns, an area equal to the stipulated extent.
. And in case any bona fide grant, or any part thereof, should be desired by
the Government for forts, arsenals, or other public buildings, an equivalent
extent of land shall be allotted to the grantees elsewhere.
TUY
ARTICLE IX.
Her Britannic Majesty and the Republic of Nicaragua shall, within six
months after the exchange of the ratifications of the present Treaty, appoint
each a Commissioner for the purpose of deciding upon the bona fides of all
grants of land mentioned in the preceding Article as having been made by the
Mosquito Indians, of lands heretofore possessed by them, and lying beyond the
limits of the territory described in Article I.
ARTICLE X.
1.
The Commissioners mentioned in the preceding Article shall, at the
earliest convenient period after they shall have been respectively named, meet
at such place or places as shall be hereafter fixed; and shall, before proceeding
to any business, make and subscribe a solemn declaration that they will
impartially and carefully examine and decide, to the best of their judgment,
and according to justice and equity, without fear, favour, or affection to their
2 0 2
278
own country, all the matters referred to them for their decision; and such
declaration shall be entered on the record of their proceedings.
The Commissioners shall then, and before proceeding to any other business,
name some third person to act as arbitrator or umpire in any case or cases in
which they may themselves differ in opinion. If they should not be able to
agree upon the selection of such a person, the Commissioner on either side shall
name a person; and in each and every case in which the Commissioners may
differ in opinion as to the decision which they ought to give, it shall be
determined by lot which of the two persons so named shall be Arbitrator or
Umpire in that particular case. The person or persons so to be chosen shall,
before proceeding to act, make and subscribe a solemn declaration, in a form
similar to that which shall already have been made and subscribed by the
Commissioners, which declaration shall also be entered on the record of the
proceedings. In the event of the death, absence, or incapacity of such person
or persons, or of his or their omitting, or declining, or ceasing, to act as such
arbitrator or umpire, another person or other persons shall be named as
aforesaid to act in his or their place or stead, and shall make and subscribe such
declaration as aforesaid.
Her Britannic Majesty and the Republic of Nicaragua shall engage to
consider the decision of the two Commissioners conjointly, or of the Arbitrator
or Umpire, as the case may be, as final and conclusive on the matters to be
referred to their decision, and forth with to give full effect to the same.
ARTICLE XI.
I
The Commissioners and the Arbitrators or Umpires shall keep accurate
l'ecords and correct minutes or notes of all their proceedings, with the dates
thereof, and shall appoint and employ such clerk or clerks, or other persons, as
they shall find necessary to assist them in the transaction of the business which
may come before them.
The salaries of the Commissioners shall be paid by their respective
Governments. The contingent expenses of the Commissioners, including the
salary of the Arbitrators or Umpires, and of the clerk or clerks, shall be defrayed
in equal moieties by the two Governments.
ARTICLE XII.
The present Treaty shall be ratified by Her Britannic Majesty, and by the
President of the Republic of Nicaragua, and the ratifications shall be exchanged
at
as soon as possible within the space of
In witness whereof the respective Plenipotentiaries have signed the same,
and have affixed thereto their respective seals.
Donc at
S
arna
sechs
mit Moorsords
Inclosure 2 in No. 227.
Articles of the Treaty between the United States and Nicaragua of November 16,
1857 (called the Cass-Yrissari Treaty), which relate to the Transit Route.
ARTICLE XIV.
THE Republic of Nicaragua hereby grants to the United States, and to their
citizens and property, the right of transit between the Atlantic and Pacific
Occalls, through the territories of that Republic, on any route of communica-
tion, natural or artificial, whether by land or water, which may nový oi here-
after exist or be constructed under the authority of Nicaragua, to be used and
enjoyed in the same manner and upon equal terms by both Republics and their
respective citizens; the Republic of Nicaragua, however, reserving its right of
sovereignty over the same.
270
ARTICLE XV.
1
The United States hereby agree to extend their protection to all such
routes of communication as aforesaid, and to guarantee the neutrality of the
same. They also agree to employ their influence with other nations to induce
them to guarantee such neutrality and protection,
And the Republic of Nicaragua, on its part, undertakes to establish two
free ports, one at each of the extremities of the communication aforesaid, on
the Atlantic and Pacific Oceans. At these ports no tonnage or other duties
shall be imposed or levied by the Government of Nicaragua on the vessels of the
United States, or on any effects or merchandize belonging to citizens or subjects
of the United States, or of any other country, intended bonit fide for transit
across the said route of communication, and not for consumption within the
Republic of Nicaragua. The United States shall also be at liberty to carry
troops and munitions of war, in their own vessels or otherwise, to either of the
said free ports, and shall be entitled to their conveyance between them, without
obstruction by the authorities of Nicaragua, and without any charges or tolls
whatever for their transportation, on either of said routes of communication.
And no higher or other charges or tolls shall be imposed on the conveyance or
transit of persons and property of citizens subjects of the United States, or of
any other country, across the said routes of communication, than are or may le
imposed on the persons or property of citizens of Nicaragua.
And the Republic of Nicaragua recognizes the right of the Postmaster-
General of the United States to enter into contracts with any individuals or
companies to transport the mails of the United States along the said routes of
communication, or along any other routes across the Isthmus in its direction, in
closed bags, the contents of which may not be intended for distribution within
the said Republic, free from the imposition of all taxes or duties by the Govern-
ment of Nicaragua; but this liberty is not to be construed so as to permit such
individuals or companies, by virtue of this right to transport the mails, to carry
also passengers or freight.
ARTICLE XVI.
The Republic of Nicarces for the security.id, it will employ t
The Republic of Nicaragua agrees that should it become necessary at any
time to employ military forces for the security and protection of persons and
property passing over any of the routes aforesaid, it will employ the requisite
force for that purpose; but upon failure to do this for any cause whatever, the
Government of the United States may, after notice to the Government of
Nicaragua, or to the Minister thereof in the United States, employ such force
for this and for no other purpose; and when the necessity ceases, such force
shall be immediately withdrawn.
ARTICLE XVII.
It is understood, however, that the United States, in according protection
to such routes of communication, and guaranteeing their neutrality and security,
always intend that the protection and guarantee are granted conditionally, and
may be be withdrawn if the United States should deem that the persons or
company undertaking or managing the same, adopt or establish such regula-
tions concerning the traffic thereupon as are contrary to the spirit and intention
of this Treaty, either by making unfair discriminations in favour of the commerce
of any other nation or nations, or by imposing oppressive exactions or unreason-
able tolls upon mails, passengers, vessels, goods, wares, merchandize, or other
articles. The aforesaid protection and guarantee shall not, however, be with-
drawn by the United States without first giving six months' notice to the
Republic of Nicaragua.
.
1
ARTICLE XVIII.
1Y
And it is further understood and agreed that, in any grant or contract
which may hereafter be made or entered into by the Government of Nicaragua,
· having reference to the interoceanic routes above referred to, or either of them,
U
280
.
.od neotection of the United States stipulateu in ce
the rights and privileges granted by this Convention to the Government and
citizens of the United States shall be fully protected and reserved; and if any
such grant or contract now exist of a valid character, it is further understood
that the guarantee and protection of the United States stipulated in Article XV
of this Treaty, shall be held inoperative and void, until the holders of such grant
or contract shall recognize the concessions made in this Treaty to the Govern-
ment and citizens of the United States with respect to such interoceanic routes,
or either of them, and shall agree to observe, and be governed by, those conces-
sions as fully as if they had been embraced in their original grant or contract;
after which recognition and agreement, said guarantee and protection shall be in
full force; provided that nothing herein contained shall be construed either to
affirm or deny the validity of any of the said contracts.
· ARTICLE XIX.
After ten years from the completion of a railroad, or any other route of
communication, through the territory of Nicaragua, from the Atlantic to the
Pacific Ocean, no company which may have constructed or be in possession of
the same shall ever divide, directly or indirectly, by the issue of new stock, the
payment of dividends, or otherwise, more than fifteen per cent. per annum, or at
that rate, to its stockholders, from tolls collected thereupon; but whenever the
tolls shall be found to yield a larger profit than this, they shall be reduced to
the standard of fifteen per cent. per annum.
ARTICLE XX.
. It is understood that nothing contained in this Treaty shall be construed to
affect the claim of the Government and citizens of the Republic of Costa Rica
to a free passage, by the San Juan river, for their persons and property, to and
from the ocean.
No. 228
Lord J. Russell to Mr. Wyke.
Sir,
Foreign Office, August 15, 1859,
YOU are authorized to call upon the Commanders of Her Majesty's
vessels of war to protect the coasts of the Republics of Central America during
the continuance of your Mission. But in the event of the landing of a body
of filibusters, you will not desire or authorize the landing of any of Her
Majesty's marines or seamen. You will call upon the Republics of Central
America to rely upon their own forces for operations by land.
You will notify the conclusion or breaking off of negotiations to the Senior
Officer on the coast.
I am, &c.
(Signed) J. RUSSELL.
No. 229.
Lord J. Russell to Mr. Wyke.
Sir,
Foreign Office, August 15, 1859.
I HAVE to instruct you to communicate by the most direct, but at the
same time safe, channel to Her Majesty's Minister at Washington, the result of
your negotiations with the Governments of Honduras and Nicaragua, or any
circumstances that may occur in the course of those negotiations, of which it
may be desirable that Lord Lyons should be informed.
I am, &c.
(Signed) J. RUSSELL.
281
No. 230.
Lord J. Russell to Mr. Wyke.
A
Sir,
Foreign Office, August 15, 1859.
I TRANSMIT to you, for your information, a copy of a despatch which
I have addressed io Sir William Gore Ouseley, * notifying your appointment
to be his successor in Her Majesty's special Mission to the Republics of Central
America,
I am, &c.
(Signed) J. RUSSELL.
No. 231.
Lord J. Russell to Sir W. G. Ouseley.
Sir,
Foreign Office, August 15, 1859.
HER Majesty's Government have been much disappointed at the delays
which have taken place in your negotiations with the Republic of Nicaragua
respecting the Mosquito question. While it is of great importance that the
negotiations with which you are charged should be brought to a conclusion
without delay, no real progress has been made in any part of them. It is true
that you concluded in January last a Treaty of Friendship, Commerce, and
Navigation with the Republic of Nicaragua; but in consequence of the
important and unauthorized alterations of the draft proposed by Her Majesty's
Government which you admitted into the Treaty, Her Majesty's Government
would have been unable to advise the Queen to ratify that Treaty, even if it
had been accompanied by the Treaty respecting the Mosquito Territory. To
this last-mentioned Treaty, which is a matter of more pressing importance than
the other, you make no allusion whatever in your despatches received by the
last mail; but so far as I can judge from those received previously, and from
your continued stay in Costa Rica, there seems but little prospect of your
effecting a speedy arrangement, if any arrangement at all, of the Mosquito
question. .
The whole negotiation, therefore, remains essentially in the same state as
when you arrived in Central America.
This state of things is too unsatisfactory to be allowed to continue, and
Her Majesty's Government think it right, without loss of time, to place the
negotiations in other hands.
The Queen has, therefore, been advised to appoint Mr. Wyke to proceed
to Central America, and to enter into negotiation with the Republic of
Honduras and with the Republic of Nicaragua, for the settlement with the
former of the question of the Bay Islands, and with the latter of the Mosquito
question,
. You will accordingly, on the receipt of this despatch, announce to the
Government of Costa Rica that your special Mission is at an end, and you will
return forthwith to England without again visiting Nicaragua; but you will
address a letter to the Minister for Foreign Affairs of the latter Republic,
informing him of your return, but stating that Her Majesty, being still
desirous of coming to an arrangement with Nicaragua in regard to the
Mosquito question, has been pleased to appoint Mr. Wyke to make a last
effort for that purpose.
If, hoirever, you should have returned to Nicaragua when this despatch
reaches you, you will then immediately announce to the Nicaraguan
Government the termination of your special Mission, and will take your
departure for England without returning to Costa Rica, but informing the
Costa Rican Government by letter of the close of your Mission, and the
appointment of Mr. Wyke.
You will make over to Mr. Wyke the whole of the archives of your
VUC
* No. 231,
282
n
special Mission, including not only all the despatches and official commun
cations which have been addressed to you, but also the drafts or copies of the
whole of those which you have yourself written; and in case you should not
yourself see Mr. Wyke, you will send them to him by some trustworthy messenger;
or if you have no such person at your disposal, by Mr. Synge, who may 'then
proceed on the leave of absence granted to him by the Earl of Malmesbury.
I am, &c.
(Signed) J. RUSSELL.
No. 232.
Lord J. Russell to the Lords Commissioners of the Admiralty.
My Lords,
Foreign Office, August 16, 1859.
I HAVE to acquaint your Lordships that the Queen has been pleased to
appoint Charles Lennox Wyke, Esq., to succeed Sir William Gore Ouseley as
Her Majesty's Envoy Extraordinary and Minister Plenipotentiary on a special
Mission to the Republics of Central America.
Mr. Wyke will take his departure by the mail steam-packet of the 17th
instant. He will in the first place proceed, by way of Panamá, to the Republic
of Guatemala, from thence to the capital of the Republic of Honduras, and
afterwards to the seat of Government of the Republic of Nicaragua
Instructions will be sent to Sir William Gore Ouseley by the mail of the
17th instant, to return to England.
I transmit to your Lordship a copy of an instruction which I bave addressed
to Mr. Wyke,* relative to the protection to be given by Her Majesty's vessels-of-
war to the coasts of the Republics of Central America, during the continu-
ance of Mr. Wyke's Mission; and I have to request that your Lordships will
give corresponding orders to the officers in command of Her Majesty's ships on
the Atlantic and Pacific coasts.
: I have at the same time to state to your Lordship that as it is very
desirable that no delay should be occasioned to Mr. Wyke's negotiation from
want of ready means of repairing to different points of the Pacific coast of
Central America, it would be advisable that the Commander of any of Her
Majesty's vessels which may be at Panamá, on Mr. Wyke's arrival, should be
authorized to receive him on board and convey him at once to such port in
Guatemala as he may point out, and that the Commander-in-chief of Her
Majesty's naval forces in the Pacific should be directed to place that, or any
other similar vessel, at Mr. Wyke's disposal during his employment in Central
America, where it is hoped he will not be detained above three months.
If Mr. Wyke should find no steamer of Her Majesty's at Panamá, he will
proceed, as he best can, to the port of San José, in Guatemala, and the Admiral
should send a steam-vessel to him there, with contingent instructions, if
Mr. Wyke should have left before its arrival, to proceed to such port as
Mr. Wyke on his departure may have left word that he is proceeding to,
I am, &c.
(Signed)' J, RUSSELL,
No. 233.
Lord J. Russell to Lord Lyons.
Sir,
Foreign Office, August 16, 1859.
I HAVE received your despatch of the 2nd instant, with its inclosures,
respecting the Treaty recently concluded by Mr. Wyke with the Republic
of Guatemala, for defining the boundary of British Honduras.
11
* No. 228,
283
..
.
S
E
I no transmit to you a second copy of the Treaty in question, in order
that you may communicate it to General Cass.
nd copy of the Treaty in question, in order
I am, &c.
(Signed) J. RUSSELL.
No. 234.
Sir W. G. Ouseley to the Earl of Malmesbury.-(Received August 16.)
(Extract.)
San José, Costa Rica, June 28, 1859.
WITH reference to your Lordship's despatch of the 9th of May, I beg
respectfully to remind your Lordship, that in my despatch of the 31st of March,
to which your Lordship's relates, I did not refer to interruptions caused by
filibuster movements to my negotiations. They were not discontinued from
the time of my arrival. But that the Nicaraguan Government was very much
embarrassed, and their action impeded by their panic and preparations for
repelling the repeated movements of Walker and his followers for attacking
Nicaragua, there is not the slightest doubt.
That no fresh invasions of the territory of Nicaragua by filibusters have
actually taken place is owing mainly to the attitude of Her Majesty's Govern-
ment (and that of France), and the public declaration of their determination
to prevent or oppose such acts of piracy.
I beg leave, however, to remind your Lordship of the covert attempt at
invasion while I was in the Harbour of Greytown, by some 200 or 300 so-called
emigrants. There is now no doubt of the character of the major part of the
passengers by that vessel, many of whom have, since their attempted entrance
into Nicaragua from on board the “ Washington,” been recognized as notorious
filibusters, who had formed part of Walker's force on previous occasions.
Subsequently a combined attempt on a larger scale was made. Several
vessels were to rendezvous on the north-eastern coast of Mosquitia, the force on
board one of which, the “Susan," was to obtain possession of the fortress of
Omoa, in Honduras, as their head-quarters and base of operations against
Nicaragua, while other detachments were to ascend the Segovia, or find other
routes to reach Matagalpa, and thence easily attain the principal cities of
Nicaragua.
This plan was frustrated by the wreck of the “ Susan," and the probable
total failure of the attempts to pass through Mosquitia, anticipated by those
who best know the nature of the country and the difficulties which want of
roads, insalubrity of climate, as also the hostility of the Mosquito Indians, *
whose resistance would have been a serious obstacle to the advance of the
invading forces into Nicaragua, are circumstances which, although they might
prevent the success of the filibusters, have not hitherto deterred them from
attempting to carry their designs into execution; nor will such accidental
failures be likely to discourage further attempts; for, however lawless and
disreputable Walker's followers may be, their adventurous energy and daring
perseverance cannot be denied.
Further attempts to land a filibuster force under the name of emigrants,
and even in one instance to obtain the protection of the United States'
squadron in disembarking them, have lately been reported.
AUT
No. 235.
Sir W. G. Ouseley to the Earl of Malmesbury.—(Received August 16.)
(Extract.)
San José, June 30, 1859.
SOON after iny arrival at this capital, I received a note, copy of which I
have the honour to transmit, asking for the protection, by Her Majesty's forces,
of Costa Rica from filibusters.
* On whose aid the filibusters counted, mistakenly supposing that they could be induced to
join them in attacking the Nicaraguans.
2 P
284
Inclosure in No. 235.
Señor Toledo to Sir W. G. Ouseley.
- Excelentisimo Señor,
Palacio Nacional, San José, Abril 1 de 1859.
EL Gobierno de esta República tiene informes fidedignos que confirman
otros datos de no menos consideracion é importancia, de que en el territorio de
los Estados Unidos se preparan combinadamente al Norte y al Sur, expediciones
vandálicas, con la mira de invadir á Nicaragua ó Costa Rica, o las dos
Repúblicas a la vez, por uno y otro lado de las costas del Pacífico y Atlantico
juntamente.
La poderosa nacion que vuestra Excelencia dignamente representa, la Yngla-
terra, ha sido la primera en proclamar la muerte y esterminio de los principios
del vandalismo, y la mas severa en castigar a los que por motivos ó miras de
espancion injusta é indebida se arrojan piraticamente sobre territorios estraños
y pueblos pacificos.
La misma Ynglaterra, persuadida de la cruel persecucion que se ha hecho
á Nicaragua y Costa Rica por expediciones armadas y equipadas en los Estados
Unidos; instruida quizá de todas las muchas é irreparables perdidas que tales
expediciones han causado, sufriendo estos pueblos las consecuencias mas tristes
de una guerra inícua é injusta ; y persuadida del modo como en los Estados
Unidos se forman tales expediciones, de la facilidad de organizarlas, y de los
proyectos constantes de los piratas para volver á Centro-America,-fué tambien
la Gran Bretaña la primera en declararse contra semejantes procederes,
dirigidos sobre unos pueblos tranquilos é industriosos, pero pequeños, y con
escasos elementos para defender lejanas y extensas costas.
El Gobierno de Su Magestad la Reina de Ynglaterra hizó saber aquella
humana determinacion, y declaró que no seria indiferente á nuevos ataques
piráticos, anunciando asimismo que habia dado las órdenes necesarias á fin de
impedirlos y escarmentar á los comprometidos.
Con esos antecedentes, ha dispuesto el Gobierno, con toda la confianza que
le inspiran, llamar la atencion de vuestra Excelencia hacia las expediciones que
se preparan ahora y que vendrán con probabilidad por el Pacifico y Atlantico,
y espero que en virtud de las facultades que al intento tenga vuestra Excelencia
expida las órdenes que estime mas convenientes para precaverlas y frustrarlas
oportunamente.
El Infraescrito cumple, al manifestar á vuestra Excelencia lo expuesto, con
una órden del Excelentisimo Señor Presidente de la República, y tiene, &c.
(Firmado)
NAZARIO TOLEDO.
(Translation.)
ca
LE
National Palace, San José, April 1, 1859.
THE Government of this Republic has credible information confirmatory
of other intelligence not less important, that vandalic expeditions are fitting
out simultaneously in the north and south of the United States, with the object
of invading Nicaragua or Costa Rica, or the two Republics at once, on the
Atlantic and Pacific sides at the same time..
The powerful nation which your Excellency worthily represents, England,
has been the first to proclaim death and extermination to the principles of
vandalism, and the most severe in punishing those who, with unjust and illegal
designs of aggrandizement, piratically invade foreign territories and peaceful
nations.
The same England, convinced of the cruel persecution which Nicaragua
and Costa Rica have undergone from expeditions armed and equipped in the
United States, acquainted, perhaps, with all the many and irreparable losses
which such expeditions have caused, -those countries still suffering the conse-
quences of a wicked and unjusi war; and knowing the mode in which such
expeditions are fitted out in the United States, the facility with which they are
285
organized, and the constant design of the pirates to return to Central America ;
Great Britain was also the first to declare herself opposed to such proceedings
directed against industrious and peaceful nations of small strength, and with
scarcely resources to defend their remote and long extent of coast.
The Government of Her Majesty the Queen of England proclaimed its
humane determination, and declared that it would not be indifferent to new
piratical attacks, announcing at the same time that it had given the requisite
orders with a view to prevent them, and to chastise those engaged in
them.
With these antecedents, the Government has decided to call your Excel-
lency's attention, with all the confidence which they inspire, to the expeditions
which are now preparing, and which in all probability will come by the Pacific
and the Atlantic, and it hopes that in accordance with the powers which you
possess for that purpose, your Excellency will give such orders as you may
deem most efficacious to prevent and to frustrate such designs in time.
The Undersigned, &c.
(Signed) NAZARIO TOLEDO.
No. 236.
Sir W. G. Ouseley to the Earl of Malmesbury.--(Received August 16.)
My Lord,
San José, July 1, 1859.
IN your Lordship's despatch of the 16th of April, I am directed to
"return home as soon as I shall have signed the Treaties which I am instructed
to negotiate with the Republic, of Nicaragua, relative to the Mosquito Territory,
as well as the (amended) Treaty of Friendship, Commerce, and Navigation with
the same Republic.”
In your Lordship's subsequent despatch of the 9th of May, I am
instructed to bring the Treaty respecting Mosquito to an immediate conclusion,
together with the General Treaty: and to bring them both home without delay,
when signed and ratified by the Nicaraguan Government.
I had arrived at this place, and entered on the negotiation of the Treaty
of Friendship, Commerce, &c., with this Republic, after the signature and
ratification of that with Nicaragua, and before the receipt of your Lordship's
despatches, rejecting certain modifications in that Convention.
Since then, on learning the refusal of the Senate of Nicaragua to accept
the proposed Mosquito Treaty, I have commenced its negotiation, or rather
proposed its acceptance by Costa Rica, irrespective of Nicaragua, as a means
of expediting the movements of the latter, and to save time, by carrying on
both negotiations simultaneously.
I have, &c.
(Signed) W. G. OUSELEY.
namaansaator
s
oroza PAAR
No. 237.
Sir W. G. Ouseley to the Earl of Malmesbury.-(Received August 16.)
My Lord,
San José, July 2, 1859.
THE dangerous illness of Señor Toledo has for some time prevented his
attendance at the Department of Foreign Relations, and when the President
was absent or engaged, I had to transact business with Señor Gonzales, the
Under Secretary of the Department. It was notified to me some time ago
that a Plenipotentiary would be appointed to carry on negotiations in place of
Señor Toledo. The letter, copy and translation of which I have now the honour
2 P 2
286
to forward, announces that the President has named Don Lorenzo Montufar to
treat with me on the object of my Mission.
Mr. Montufar is here considered a good lawyer, and a man of ability.
I have, &c.
(Signed) W. G. OUSELEY.
Inclosure in No. 237.
Señor Gonsales to Sir W. G. Ouseley.
Excelentisimo Señor,
Palacio Nacional, San José, Julio 1 de 1859.
EL Infraescrito, Sub-Secretario de Relaciones, de órden de su Excelencia el
Presidente de la República, tiene el honor de informar al Excelentisimo Sir
William Gore Ouseley que el Señor Licenciado Don Lorenzo Montúfar ha
sido la persona designada para tratar en los asuntos que son el objeto de su
mision." Al efecto, se han expedido á dicho Señor los poderes suficientes, y está
dispuesto a entrar en conferencias desde el Lúnes 4 del presente en adelante.
El Infraescrito, &c.
(Firmado) SALVADOR GONZALES.
(Translation.)
YI1
National Palace, San José, July 1, 1859.
THE Undersigned, Under-Secretary of Relations, by order of his Excel-
lency the President of the Republic, has the lionour to inform the most Excel-
lent Sir William Gore Ouseley that the Señor Licenciate Don Lorenzo Montufar,
has been the person appointed to treat in the affairs which are the object of his
Mission. For this purpose, the necessary powers have been granted to the said
gentleman, and he is ready to enter into conferences from Monday the 4th
instant forwards.
The Undersigncd, &c.
(Signed) SALVADOR GONZALES.
No. 238.
.
Lord J. Russell to Sir W. G. Ouseley.
Sir,
Foreign Office, August 18, 1859.
I RECEIVED, late in the evening of the 16th instant, your despatches
up to the 11th July, and I have regretted to find that the negotiations
with which you have been charged continued up to that date in the same
unsatisfactory state in which they have long been.
As Mr. Wyke has been sent out to relieve you from the further conduct
of those negotiations, I have no instructions to give you on that subject. I
have therefore only now to repeat the instructions which I gave to you in my
despatch of the 15th instant, and to desire you at once to cease from all
further negotiation either with the Government of Nicaragua or with that of
Costa Rica, and to return to England forthwith from the place where you
receive this despatch, without again visiting Nicaragua if this despatch finds
you in Costa Rica, or Costa Rica if it finds you at Nicaragua, making over or
sending to Mr. Wyke by a trustworthy messenger, or by Mr. Synge if none
such can be found, the whole of the archives of your special Mission, including
the despatches that you have written to' or received from the Secretary of State,
and your correspondence with any of the authorities in Central America.
I am, &c.
(Signed) J. RUSSELL.
.
-.
.
.
.
287
.
.
.
.
No. 239.
Lord J. Russell to Mr. Wyke.
Sir,
Foreign Office, August 18, 1859.
I TRANSMIT, for your information, a copy of an instruction which I.
have addressed to Sir William Ouseley, * since the receipt of his despatches by
the last West Indian mail, confirming the instructions contained in my
despatch to him of the 15th instant, of which you have been furnished with
a copy.
I am, &c.
(Signed). J. RUSSELL.
No. 240.
Lord J. Russell to Lord Lyons.
.
My Lord,
Foreign Office, August 18, 1859.
HER Majesty's Government are so dissatisfied with the little progress
made by Sir William Gore Ouseley in the negotiation with which he was
charged in Central America, that they have resolved to send out another
Minister to relieve him. For this service they have selected Mr. Wyke, who
has taken his departure by the mail steamer of the 17th instant. He will
first proceed to Honduras to arrange the questions of the Bay Islands and
of the Mosquito Territory, so far as the Republic of Honduras is concerned in
that territory; and next to Nicaragua, in order to arrange the question of the
Mosquito Territory and of Greytown in regard to that Republic. He will
likewise endeavour to conclude afresh, with the omission of the objectionable
clauses admitted by Sir William Gore Ouseley without authority, the Treaty
with Nicaragua containing the Articles relative to interoceanic transit.
The arrangements which Her Majesty's Government have empowered
Mr. Wyke to offer to the two Republics are so simplified, and so completely
divested of every condition to which they could take any reasonable objection,
that Her Majesty's Government can hardly conceive that the Honduras and
Nicaraguan Governments will be so infatuated as to refuse them, or even to
make any difficulty in at once accepting them. But Her Majesty's Government
being as desirous as the Cabinet of Washington can be, to bring these
wearisome questions to a prompt conclusion, have instructed Mr. Wyke to
press his negotiations in such a manner as to admit of no delay, so that, at all
events, they may at once be brought to a decisive issue. Should they unfor-
tunately fail, it will be made quite clear to the world that it is through no fault
of Her Majesty's Government.
You will acquaint General Cass with the substance of this despatch.
I am, &c.
(Signed) J. RUSSELL,
I
No. 241.
Lord Lyons to Lord J. Russell.- (Received August 27.)
My Lord,
Washington, August 16, 1859.
ON the evening of the 11th instant I paid a visit to President Buchanan,
at his country residence, in the neighbourhood of this town,
In the course of conversation, the President introduced the subject of the
Central American negotiations. He led the way to it by observing that it had
* No. 238.
288
1
been his desire and his pride to think, that during his administration kind
feelings would be established between the United States and Great Britain, and
the relations between the two Governments be placed upon a perfectly friendly
footing. I must, he thought, have perceived that his efforts to attain these
objects had been already attended with considerable success. The animosity
against England, which had once been so general, had, he was happy to see,
subsided in this part of the Union : but he could not conceal from himself that
in the more remote districts, and among the less enlightened portion of the
population, the old bitter feeling of hostility still lingered. There were, too, he
was well aware, demagogues who would eagerly seek occasion to excite this bad
feeling to its highest pitch. Everything would depend upon the nature of the
statement respecting the relations with Great Britain which he should have to
make to Congress. He had looked forward with pride to being able to r
announce that, for the first time for so many years, there was no question in
dispute between the two countries, and that the relations between them were
thoroughly cordial and satisfactory. There was one question, and one only,
which could interfere with his making this joyful announcement. He confessed
that he was apprehensive that the negotiations in Central America were not
making satisfactory progress. He had not the least doubt that Her Majesty's
Government would perform with perfect good faith their promises to the
United States; but time pressed. If, when Congress met, things should be in
their present eondition, if at that time England should still appear to have
settled those parts of the Central American negotiation which carried out her
own views, while she had left unsettled those which were to have been arranged
in conformity with the opinions of the United States, there would be an
outburst of feeling, both in Congress and in the country, with which it might
be impossible to contend. It would indeed be lamentable if two countries
whose interests were more deeply involved in a mutual good understanding L
than those of any other two nations in the world, should be kept asunder by
questions which might be settled so easily. The time might not be far distant
when the two countries might have to look to each other for support in the
defence of liberal political institutions. How important would it then b; that
they should be without subjects of quarrel between themselves, and be united by
real and hearty good feeling.
The President proceeded to observe, that the present state of the Central
American negotiations was peculiarly embarrassing. England had, he said,
already secured to herself the territory from the River Sarsioon to Mexico, her L
claim to which had always been disputed by the United States. Why could
not the same activity be displayed in conducting the other parts of the
negotiation ? Mr. Wyke appeared to have shown skill and energy in obtaining
from Guatemala the Treaty defining the territory referred to. Why should he
not be directed to settle with IIonduras the cession of the Bay Islands? There
remained the abandonment of the Mosquito Protectorate. What was
Sir William Ouseley doing about that? He certainly did not seem to be making
any progress. Congress would assemble in December ; surely when so much,
so very much, depended upon it, every effort would be made to settle all the
questions before that date. He earnestly trusted that your Lordship would
give immediate attention to this most important matter, and act upon it
energetically and at once.
It is unnecessary to trouble your Lordship with a detailed report of my
own part of the conversation. I indeed said but little. The President spoke
emphatically and continuously, and I avoided interrupting him. I reminded
him that it was merely owing to an accidental circumstance that Mr. Wyke was
not at that very moment engaged in negotiation with Honduras respecting the
cession of the Bay Islands, and I told him that I had recently received a letter
from Sir William Ouseley holding out some hope of a solution of the difficulties
respecting the Mosquito Protectorate. I, of course, responded cordially to the
sentiments expressed by the President with regard to the common interests of
Great Britain and the United States, and to the importance of clearing away
every obstacle to mutual confidence and good will.
I have, &c.
(Signed) LYONS.
289
No. 242.
Lord Lyons to Lord J. Russell.—(Received September 4.)
(Extract.)
Washington, August 22, 1859.
ON the 19th instant I spoke to General Cass in the sense of your
Lordship's despatch to me of the 4th instant. I said, in the terms of
that despatch, that Her Majesty's Government regretted the delays which had
been interposed to prevent the formal abandonment of the Mosquito
Protectorate and of the sovereignty of the Bay Islands, that Her Majesty's
Government could make no promise that those intricate affairs would be
concluded before the President's message in December, but that they would use
their utmost efforts to accomplish that object, and that if they failed, it should
be made clear that it was from no fault of theirs.
I also told General Cass that a fresh Mission was about to be sent to
Central America, with a view to finish these wearisome negotiations,
General Cass expressed great satisfaction with the information I had given
him.
General Cass called upon me yesterday. He said that after our con- .
versation on the 19th instant, he had lost no time in making the President
acquainted with the intentions of Her Majesty's. Government respecting the
Central American negotiation. The President had, General Cass added,
received the information with the greatest pleasure, and had desired that I
should be informed that the intentions of Her Majesty's Government were
completely in accordance with his views, and extremely satisfactory to him.
TYY
No. 243.
Sir W. G. Ouseley to the Earl of Malmesbury.--(Received September 15.)
(Extract.)
San José, July 26, 1859.
I HAVE the honour to forward to your Lordship copies of two notes that
I have received from Señor Zeledon in reply to communications from me.
I learn incidentally, and from private sources, that the Nicaraguan Govern-
ment shows, as I anticipated, more anxiety to conclude the Mosquito Treaty
since my arrival in San José and the commencement of negotiations with Costa
Rica, than they did before I left Nicaragua.
In the note of the 3rd instant, copy of which I have also the honour to
transmit, I confine myself to acknowledging the receipt of Señor Zeledon's
official note, and to some general remarks, as I had not at that time received
your Lordship's despatch of the 25th of May, containing further instructions
on the Mosquito Treaty.
Inclosure 1 in No. 243.
Señor Zeledon to Sir W. G. Ouseley.
Señor,
Palacio Nacional, Managua, Junio 15 de 1859.
EL Infraescrito, Ministro de Relaciones Exteriores del Gobierno de la
República de Nicaragua, tiene el honor de contestar á su Excelencia el Señor
William Gore Ouseley, Enviado Extraordinario y Ministro Plenipotenciario de Su.
Magestad Británica, con relacion á su apreciable 'comunicacion de 13 de Mayo
último, que el Gobierno de la República está dispuesto á arreglar definitivamente
la cuestion Mosquita, conviniendo en lo esencial de los terminos propuestos por
su Excelencia el Señor Ouseley, y con excepcion
1. Del Articulo IV, sobre conceder libertad á la ciudad de Greytown para
administrarse por si misma, y su referencia en la condicion 4 del Articulo III,
sin perjuicio de obligarse á establecer, como se ha obligado en el Tratado de
Comercio, un puerto libre,
290
2. Del carácter de indemnizacion y compensacion que se establece en el
final del mismo Articulo IV á la cantidad que Nicaragua asignará por algunos
años á favor de los Mosquitos, la cual Nicaragua querrá dar gratuitamente
para la catequizacion y civilizacion de estos.
Ademas, el Gobierno de Nicaragua desea que sea bien definida la
soberania de la República en todo el territorio de que se trata, y que,
- si es posible, quede garantida por Su Magestad Británica ó por su Gobierno
y el de los Estados Unidos en los terminos del Tratado Clayton-Bulwer.
Como su Excelencia el Señor Ouseley se sirve manifestar en su apreciable
que contestó, que su Gobierno no puede acceder á alguna de las modificaciones
convenidas en el Tratado de Amistad y Comercio, uno y otro serán objetos
de la ¡reunion que V.E. tenga á bien con el que suscribe, en Realejo ó
cualquier otro punto del territorio de esta República, sirviendose su Excelencia
avisar al que suscribe oportunamente.
El Infraescrito, &c.
(Firmado) PEDRO ZELEDON
(Translation.)
I
: THE Undersigned, &c., has the honour to reply to Sir William Gore
Ouseley's, &c., esteemed first communication of the 13th of May, that the
Government of the Republic is disposed to settle definitively the Mosquito
question, agreeing essentially to the terms proposed by Sir William Ouseley,
with these exceptions:-
1. As to the concession (Article IV) of liberty to the city of Greytown to
govern itself, and as to the reference to it in the fourth condition of Article III,
without prejudice to the obligation of establishing, as was stipulated in the
Treaty of Commerce, a free port.
2. As to the character of indemnification and compensation laid down in
the conclusion of the said Article IV as to the sum which Nicaragua shall
assign for some years in favour of the Mosquitos, which sum Nicaragua will
wish to give gratuitously for their religious instruction and civilization.
Moreover, the Government of Nicaragua desires that the sovereignty of
the Republic in all the territory which is under discussion may be well defined,
and, if possible, guaranteed by Her Britannic Majesty or by Her Government,
and by that of the United States, in the terms of the Clayton-Bulwer
Treaty.
As his Excellency Sir William Ouseley mentions in the note to which I
am replying, that his Government cannot accede to some of the modifications
agreed upon in the Treaty of Friendship and Commerce, the two Treaties may
be considered at the interview which you may be pleased to appoint with the
Undersigned, either at Realejo or at any other place within the territory of
this Republic, your Excellency being good enough to give me timely notice of
your wishes.
The Undersigned, &c.
(Signed) PEDRO ZELEDON.
Inclosure 2 in No. 243.
Señor Zeledon to Sir W. G. Ouseley.
Muy Señor mio,
Managua, Junio 15 de 1859.
POR medio de Mr. Perry en el regreso del « Vixen,” dije á V. E. de Chinan-
dega lo que podia, ausente del Ministerio, en contestacion" á su apreciable de
13 de Mayo ultimo; habia tenido mucho gusto en corresponder a los deseos de
V.E., si hubiese estado autorizado.
Creo que ya V.E. haya recibido ó esté próximo á recibir las nuevas
instrucciones que ha pedido á su Gobierno con motivo del sucinto proyecto de
Convencion Mosquita que propuse á V.E.
291
177
.
Satisfaciendo los deseos de V.E. sobre las objecciones a la Convencion
propuesta por V, E., de donde proceden, y sobre qué puntos en particular, lo
manifestaré confidencialmente que estas objecciones proceden dei Senado de
acuerdo con el Gobierno, y que ellas recaen principalmente --
1. Sobre la ciudad libre en Greytown ó San Juan del Norte, porque ella
sustraida del poder de Nicaragua, será siempre en peligro y un insulto á la
República, como lo es ahora, hecha asilo de sus enemigos.
2. Sobre el carácter de indemnizacion y compensacion á los Indios de
Mosquitia en la suma razonable de que se trata en el Articulo IV, sobre lo
cual Nicaragua contribuirá gustoso por algun tiempo con la suma, que se
convenga, pero gratuitamente, á faror de la catequizacion y civilizacion de los
Indios Mosquitos.
3. Sobre la garantia bajo la cual quede la costa llamada de Mosquitia,
que Nicaragua en estas circunstancias desea bien expresa.
Todo lo demas es de redaccion.
Verdaderamente parece singular que se objete la devolucion de este
territorio; pero no es estraño, atendidas las circunstancias á que se ha llegado :
esto es lo que quise decir á V.E., proponiendo que quedase bajo las estipulaciones
del Tratado Clayton-Bulwer, ó que Nicaragua lo aceptaria, siendo admitido
como parte en lo que le concierne.
Yo espero que V.E. se sirva indicarme cuando y en que punto de esta
República podemos reunirnos, previas sus instrucciones para alterar la Conven-
cion Mosquitia, como yo las tendré para las alteraciones que puedan tener lugar
en el Tratado General ó de Comercio,
Sirvase, &c.
(Firmado) PEDRO ZELEDON.
(Translation.)
ON the return of the “ Vixen” I told your Excellency through Mr. Perry
from Chinandega all that it was in my power to say, being absent from the seat
of Government, in reply to your letter of the 13th of May last. I should have
had great pleasure in complying with your Excellency's wishes if I had been
authorized to do so.
I think that you will have already received, or will receive shortly, the
further instructions for which you have asked your Government relative to
the succinct project of Mosquito Convention, which I proposed to your
Excellency.
In order to comply with your Excellency's wishes to be informed
respecting the objections entertained to the Convention proposed by you,
whence they proceeded, and on what particular points, I will acquaint you
confidentially that those objections proceed from the Senate in unison with
the Government, and that they refer principally :
1st. To the free city in Greytown or San Juan del Norte, for that place,
as long as it is severed from the dominion of Nicaragua, will always be a
standing menace and an insult to that Republic, as it now is, being made an
asylum for the enemies of Nicaragua;
2ndly. To the nature of the indemnification and compensation to the
Mosquito Indians intended in the “reasonable sum” treated of in Article IV, in
reference to which Nicaragua will gladly contribute for some time the sum
which may be agreed upon, but gratuitously, for the religious instruction and
civilization of the Mosquito Indians ;
3rdly. To the guarantee under which the coast called the Mosquito Coast
shall remain, and which, under the circumstances, Nicaragua would wish to be
clearly expressed.
All the rest is mere matter of detail.
It does indeed appear singular that objections should be made to the
recovery of that territory; but it is not strange under the circumstances which
have arisen. This is what I wished to say to your Excellency, that it should
remain under the stipulations of the Clayton-Bulwer Treaty, or that
Nicaragua should accept it, and shoull be admitted to take part in all that
concerns it,
AY
71
2 Q
292
I hope that your Excellency will be good enough to let me know when
and in what part of the Republic we may meet, when you shall have received
your instructions to modify the Mosquito Convention, as I shall receive mine
for the alterations which may take place in the General Treaty or Treaty of
Commerce,
I have, &c.
(Signed)***** PEDRO ZELEDON,
Inclosure 3 in No. 243.
Sir W. G. Ouseley to Señor Zeledon.
THE Undersigned, Her Britannic Majesty's Envoy Extraordinary, &c., had
the honour to receive the note of Señor Zeledon, &c., &c., dated Managua,
15th June, in reply to his of the 13th May.
The objections to the proposals on the subject of Greytown, and to the
character of the compensation to be made to the Mosquito Indians, will be
communicated to Her Majesty's Government. Indeed, the Undersigned is in
daily expectation of further instructions relative to the note of the 8th March,
which, although not, as was desirable, in the form of a regular counter-project,
yet, embodying as it does, the modifications proposed by the Nicaraguan
Government, will doubtless elicit the opinion of Her Majesty's Government
respecting them.
The Undersigned trusts that the divergence in the proposals of the two
Governments is by no means of a nature to offer any very serious difficulty in
coming to a mutually satisfactory arrangement of the questions at issue ; but
he will have the honour, immediately on the receipt of further instructions,
again to address the Nicaraguan Government on the subject.
The Undersigned, &c:
(Signed) W. G. OUSELEY,
11
No. 244.
Sir W. G. Ouseley to the Earl of Malmesbury.—(Received September 15.)
My Lord,
San José, July 26, 1859.
THE influence of Costa Rica in the arrangement with Nicaragua of the
Mosquito question is not founded solely on a mere general interest in the
political affairs of a neighbouring State, but is in fact a right exercised in virtue
of a Treaty stipulations.
I have the honour of transmitting to your Lordship, for facility of reference,
translations of Articles IV and V of the Treaty of Boundary between Nicaragua
and Costa Rica, of the 15th of April, 1858.
By these Articles, as also by stipulations in Article VIII, and the general
sense of the Treaty, a community of interests and responsibility is established.
between Nicaragua and Costa Rica, in relation to Greytown and the neigh-
bourinġ territory.
It follows that in negotiations affecting the districts in question, as also in
taking measures for their defence, the Government of Nicaragua is obliged to
consult that of Costa Rica, and can only act conjointly with the latter Govern-
ment. It was for this and other reasons expedient to negotiate at this capital
with as little delay as possible.
I may add that the Costa Rican Government is not inclined to make light
of their right of interference in these questions.
I have, &c.
(Signed) W. G. OUSELEY.
293
Inclosure in No. 244.
Dn
Articles IV and V of the Treaty of Territorial Limits between Nicaragua and
Costa Rica, signed April 15, 1858.
(Translation.)
ARTICLE IV.
THE Bay of San Juan del Norte, as well as that of Salinas, will be common
to both Republics, and consequently so will likewise be the advantages they
possess, and the duty of contributing to their defence. Costa Rica, for the
part which belongs to her on the banks of the River San Juan, and on the same
conditions by which Nicaragua is bound by Treaties to do it, will likewise be
bound to contribute to its defence, in the same manner as the two Republics
will contribute to its defence in case of foreign aggression; and for this
purpose they must employ every means in their power.
LIT
ARTICLE V
Until Nicaragua recovers full possession of all her rights in the port of
San Juan del Norte, the use and possession of Punta de Castilla will be entirely
common and equal to Nicaragua and Costa Rica, fixing as its limits whilst this
common possession lasts all the tract of the River Colorado. And it is further
stipulated that whilst the before mentioned port of San Juan del Norte continues
to be a free port, Costa Rica shall not levy on Nicaragua port dues at Punta
de Castilla.
+
2
No. 245.
Lord Lyons to Lord J. Russell.-(Received September 19.)
My Lord,
Washington, September 5, 1859.
ON the day before yesterday, I acquainted General Cass verbally with
the substance of your Lordship’s despatch of the 18th ultinao, on the
subject of the appointinent of Mr. Wyke to relieve Sir William Ouseley in
Central America. In doing so, I made use as nearly as possible of the exact
terms of the despatch.
General Cass desired me to convey to your Lordship his hearty thanks for
this communication, and said that it would be extremely satisfactory to the
President.
General Cass went on to say that Mr. Dimitry, the recently-appointed
Minister Resident from the United States to Costa Rica and Nicaragua, would
sail from New York for his post on the 5th instant (to-day), and that he was
instructed to give to Mr. Wyke whatever co-operation might be acceptable, and
specially to state to the Government of Nicaragua, that it was the earnest desire
of the President that they should come as speedily as possible to a satisfactory
wu wey should come as speedily' as nosoihlas
T
I told the General that I had, the day before, had an interview with
Mr. Dimitry, who had called upon me by the General's desire, and that I had
given him a letter of introduction which would, I was sure, dispose Mr. Wyke
to enter into the most cordial relations with him.
I thought it well to take this opportunity of giving to General Cass the
copy of the Treaty signed by Mr. Wyke with Guatemala on the 30th April
last, which was transmitted to me for that purpose with your Lordship’s despatch
of the 16th ultimo,
I have, &c.
(Signed) LYONS.
Q2
294
No. 246.
Lord J. Russell to Mr. M’yke.
Sir,
Foreign Office, September 23, 1859.
I TRANSMIT for your information a copy of a despatch from Her
Majesty's Minister at Washington,* reporting what passed between himself and
General Cass upon his communicating to the General the purport of the
instructions which were sent to you with regard to your special Mission to
Central America.
I am, &c.
(Signed) J. RUSSELL..
No. 247.
Sir W. G. Ouseley to Lord J. Russell.-(Received October 2.)
(Extract.)
San José, September 1, 1859.
THE General Treaty and that relating to the Mosquito Territory are now
under consideration by the Congress of Nicaragua.
In conformity with my instructions, I made the Nicaraguan Government
aware, some time ago, of the determination of Her Majesty's Government not
to ratify the General Treaty until that respecting Mosquito is also concluded.
In short, that the two Treaties were to be, except in form, one Convention. .
The repugnance of the Government of Nicaragua, or rather that of its
Congress, to accepting the Mosquito Treaty is more particularly inspired by
two conditions in the Mosquito Treaty, the freedom or "independence” as
they consider it, of Greytown, and the payments to the Indians.
The debates on this subject confirm Señor Zeledon's assertions as to the
determined opposition that the stipulations in question would meet with from
his countrymen, and very possibly from himself.
No. 248.
Lord Lyons to Lord J. Russell.-(Received October 8.)
(Extract.)
Washington, September 27, 1859.
I OBSERVED to General Cass, that Her Majesty's Government were, on
their part, doing all that depended upon them to give effect to the earnest wish
expressed by the President, that the British negotiations in Central America
should be brought to a conclusion before the meeting of Congress in December
next. But, I said, there could be no hope of accomplishing this, if the Nicara-
guans were encouraged to haggle about minute points, much less if such points
were to be made a subject of discussion, not only between the British and
Nicaraguan negotiators, but between the Nicaraguan Government and the
United States, and between the United States and Great Britain. It was,
I said, very generally believed that the delays which had already occurred, were
attributable to a hope entertained by the Nicaraguans, that, by objecting and
losing time, they should at last, by the help of the United States, obtain froin
Great Britain the unconditional relinquishment of the Protectorate. It had
been, I added, very confidently asserted that this procrastinating policy had
been suggested and encouraged by the Agents of the United States in
Nicaragua, and especially by General Lamar, the late United States' Minister
# No. 245.
295
to that Republic. Now the only effectual way of aiding the endeavours of Her
Majesty's Government to conclude the negotiations within the time upon
which the President had laid so much stress, was, I said, in my opinion, to
discourage all interference, on the part of the United States'. Agents, in the
details of the Treaties. Those Agents should be made clearly to understand
the President's real wishes, and be told that the criterion of the success or
failure of their Mission, would be the conclusion of the British Treaties within v
the time speculaass appeared to a which he objected in S
overnment could
General Cass appeared to agree in general to what I had said. He
observed that, after all, the points to which he objected in Sir William Ouseley's
draft were of no great importance; that the United States' Government could
not undertake to advise the Nicaraguans to admit those points, but on the
other hand it certainly was not called upon to interfere to prevent their doing
so, if they thought fit. The General did not say so in express terms, but he
certainly conveyed to me the impression that the pith of the orders to the
American Agents would be to aim exclusively at getting the Central American
Governments to conclude the Treaties in the shortest possible time.
1
No. 249.
Lord Lyons to Lord J. Russell.---(Received October 20.)
My Lord,
Washington, October 6, 1859.
I HAVE the honour to transmit to your Lordship herewith, extracts from
the newspapers, giving accounts of the recent attempts of Walker and a party
of filibusters to make an expedition against Nicaragua, and of the measures
taken by this Government to frustrate it.
If the accounts received this morning may be relied upon, Walker and his
companions having gone to sea without provisions, have been obliged to put
back, and it must be hoped that the Federal authorities will have vigilance and -
power enough to prevent an immediate renewal of the attempt.
General Cass told me yesterday that when the first news of Walker's
departure reached Washington, he thought it impossible that the filibusters
could have eluded the precautions taken by order of the Federal Government,
and did not believe it, Subsequently, however, the Government received
positive intelligence from their own officers. I reminded the General that
I had spoken to him only three days before, of the great importance of keeping
a watch upon Walker's movements, and had pointed out to him the disastrous
effect which a filibustering attack upon Central America might have upon
Mr. Wyke’s negotiations.
The General said that the Federal Government had taken every
precaution which their constitutional powers allowed ; and he thought it very
unlikely that Walker could escape the numerous United States' cruizers, who
. had peremptory orders to arrest all filibustering expeditions.
I have, &c.
(Signed) LYONS.
IT
Inclosure in No. 249.
Extract from the "New York Herald” of October 5, 1859.
THE filibusters are alive again. Despatches have reached us within the
last two or three days indicating another novement of the restless and
irresistible extensionists at the south, towards liberating Central America from
whatever condition she may happen to be in when these ardent patriots arrive
on the shores of that happy region.
We give all the information that has thus far reached us :
1
296
DESPATCHES FROM WASHINGTON.
Washington, October 4, 1859.
A despatch was received here this morning by the Attorney-General from
the District Attorney at New Orleans, stating that the ship - Fashion ” had
cleared from Mobile, nominally for Galveston, but that her real destination was
New Orleans, where she intended to take on board a large number of men,
ammunition, &c., for Central America, headed by General Walker and other
notorious filibusters.
Additional despatches were received here by the Secretary of the Treasury
to-day, from the Collectors at Charleston, Mobile, and other ports, stating that
quite a large force of filibusters had effected their escape, through false papers
and various other means, from the above mentioned ports.
: Additional instructions will, therefore, be transmitted by steamers which
leave New York to-morrow (5th) to our squadron in the Gulf and Pacific, to
keep vigilant watch, and capture them if possible.
..
Thomas F. Meagher goes out in one of the steamers to-morrow as bearer
of despatches to Central America. They are very important, and the Govern-
ment does not deem it safe to trust them by inail.
Washington, October 4, 1859.
A month ago information was received in this city of filibustering move-
ments against Nicaragua. Although the statement was not fully credited, it
was deemed of sufficient importance to justify the issuance of instructions to
ihe proper federal officers to exercise more than ordinary vigilance, the Presi-
dent himself superintending these precautionary measures.
The recent advertisement in the New Orleans papers of a steamship to
sail from Mobile for Chiriqui on the 1st of October, added to the other accu-
mulating suspicious circumstances attending the alleged contemplated invasion
of Nicaragua ; but, on inquiry of the Collector at Mobile, nothing had been
heard to confirm the truth of the report, so far as that port is concerned.
Within the present week reliable information has been received here, as was
stated in the general newspaper despatch yesterday, that a large number of
strangers were in New Orleans, including many prominent persons known to
have been heretofore connected with filibustering enterprises, and this, together
with other circumstances, created a suspicion in the mind of Collector Hatch,
that they meditated an unlawful expedition.
Late last night 100 or 150 of them left that city, the presumption being
that they had gone to the Belize to avait a vessel. A clearance had been
asked for the steamer 5 Philadelphia,” professedly for Chiriqui, hut which
Collector Hatch refused for the reasons above stated. The Agent of the
steamer was persistent, and again applied for a clearance, but met with no
better success than at first. Of these facts our Government is informed, and,
probably, they are the only ones from authentic sources in its possession.
It is believed that this subject was to-day a matter of Cabinet consultation.
Orders have been dispatched, by telegraph, to the Commanding Officer at
Baton Rouge for concentrating and holding the Federal military in reserve, to
be used, if necessary, as a posse comitatus for the enforcement of the laws.
It is believed here, and the facts which have just transpired seem to
warrant the conclusion, that the filibusters so arranged their plans as to avail
themselves of the advantages afforded by the re-opening of the Nicaragua transit
route for the accomplishment of their design
The Administration is determined, by all the means in its power, including
the employment of the land and naval forces, to compel respect to the Neutrality
Law.
The instructions to Minister Dimitry are particularly with reference to
the opening of the Transit, and as both Governments have assented to the
Lamar-Zeledon Treaty, it is supposed Nicaragua will offer no obstacle to the
passage of the mails. The presence of the Postmaster-General in New York,
in connection with the last-named subject, is expressive of the interest the
Government has in the fulfilment of the Johnson contract.
Cu
297
DESPATCHES FROM NEW ORLEANS.
New Orleans, October 4, 1859.
Collector Hatch has refused a clearance of the steamer - Philadelphia,"
for Aspinwall, because, it is alleged, the steamer is engaged to take General
Walker and 200 or 300 men from Texas, Alabama, and elsewhere, now
encamped beloir this city, and ready to start for Nicaraguá. They are osten-
şibly bound to the Chiriqui diggings, and intending to leave on the 5th.
LATER.
New Orleans, October 4, 1859.
General Walker and his men got off last night, and sailed from Berwick's
Bay this morning in their own steamer, without a clearance.
The attempted clearance of the “ Philadelphia ” for Aspinwall was made to
blind the authorities.
Henry Maury commands Walker's steamer.
No. 250.
Lord Lyons to Lord J. Russell.-(Received October 20.)
My Lord,
Washington, October 7, 1859.
GENERAL CASS has sent this morning to tell me that the Government
has received by telegraph from New Orleans information that the Federal
Authorities have arrested 150 men concerned in the recent filibustering
attempt, and that a vessel has been chartered to assist the revenue cutters in
preventing the departure of any fresh expedition.
It is not stated whether Walker himself has been arrested or not; but it
is supposed that the 150 arrests must include all, or nearly all those men, who
put to sex with him,
I have, &c.
(Signed) LYONS.
No. 251.
Sir W. G. Ouseley to Lord J. Russell.—(Received November 1.)
My Lord,
Cartago, San José, September 29, 1859.
WITH reference to your Lordship's despatches of the 15th and 18th of
August, which I had the honour to receive by the last mails, I beg leave to
explain, that having addressed the Nicaraguan Government in the terms
directed by my instructions, and having forwarded to them drafts of the
Treaties as amended, the Nicaraguan Minister informed me that the whole
subject had been brought under the consideration of the Legislature.
No diplomatic action could then be continued on the subject of those
Treaties with Nicaragua until the decision of the Legislative Body of that
Republic were officially made known.
In order therefore that no time might be lost, and as Costa Rica must be
a party to all arrangements of the Mosquito question, I came on to San José,
hoping that by the time the Treaties that I was instructed to negotiate with
this country were signed, I should have been able to return to Nicaragua to
complete the Conventions now under the consideration of that Government.
I respectfully offer this summary of my proceedings, although they are
already amply reported in former despatches, as it appears likely, from the tone
of your Lordship's despatches, that some of my correspondence has either been
lost or delayed. At this season communications are irregular and insecure in
Central America.
298
el
To those unused to the slowness of Spanish, and particularly of Spanish-
American Governments, the delays that have occurred in these negotiations.
naturally appear extraordinary and unjustifiable. In the present case, they are
not merely attributable to the national habit of procrastination, neither do they
solely arise from that vis inertia by which all measures that they consider
unacceptable are opposed by Spanish-American States; but there exists in
Nicaragua generally, a positire and strong repugnance to the Mosquito Treaty
as proposed through me by order of Her Majesty's Government: and hitherto,
an obstinate determination has been shown to reject that arrangement in its
present form, even at the sacrifice of whatever advantages the General Treaty
may be supposed to offer to Nicaragua.
The delay therefore with which your Lordship is justly dissatisfied, and
which has caused me the greatest annoyance, cannot, as I trust your Lordship
will perceive on referring to my correspondence, be attributed to any neglect
of duty on my part. :
I beg leave to remind your Lordship that I was not authorized to admit
any alterations in the Mosquito Treaty that might havé rendered it more
acceptable.
After the General Treaty was signed, I was directed to notify to the
Nicaraguan Government that both Treaties were to be concluded simul-
taneously, but this intimation was far from having the effect of hastening, as
was anticipated, the acceptance of the Mosquito Convention ; for the language
held by the Nicaraguan Congress, on being informed that such was the decision
of Her Majesty's Government, was, “If England inakes a sine qua non that the
Mosquito Treaty be ratified at the same time as the General Treaty, then there
will be no Treaty with England at all.”
This confirms what I had the honour confidentially to report some months
ago, viz., that the ratification in England of the General Treaty being made
to depend upon the previous settlement of the Mosquito question, vould be
likely to prevent the conclusion of the former Convention, without hastening
the acceptance of the latter,
There were urgent reasons in January last for signing the General Treaty
as speedily as possible, as I have elsewhere hall the honour to explain. No
delay has been caused by the return of that Treaty unratified, as there has
been ample time since it has been placed in its amended form before the
Nicaraguan Congress for a decision, and even for a further reference to England.
But being coupled with the Mosquito Treaty, which is the real difficulty, it
remains inoperative.
I respectfully request your Lordship to bear in mind that, deducting the
time employed in travelling from one part of Central America to another, and
that necessary for formal preliminaries, about six or seven months only have
been devoted to the negotiation of six Treaties (including the two Postal
Treaties).
Of these two, perbaps three with the Post Office Treaty, were to have
been signed by the Costa Rican Plenipotentiary and myself in the course of this
week at San José; and the General Treaty with Nicaragua is only kept in
abeyance to await the settlement of the Mosquito question.
It took the United States above two years to make one Treaty with
Nicaragua, and the means of intimidation, almost of coercion, and the language
that they employed, were such as my instructions would not authorize me
to use.
Four Treaties have, therefore, in fact, been so far negotiated that merely
the forms of signature are required for their completion. One has been signed
and ratified, and the sixth, the Mosquito Convention, has been carried so far as
to be placed in the hands of the Nicaraguan Legislature.
I have, &c.
(Signed) W. G. OUSELEY.
299
No. 252.
Lord J. Russell to Mr. Wyke.
Sir,
l'Su
Foreign Office, November 16, 1859.
I WAS glad to learn from Mr. Wallis by the last mail that you had
arrived at Panamá, and had proceeded to Guatemala, in pursuance of your
instructions..
Her Majesty's Government were anxious that you should pay a com-
plimentary visit to the President of that Republic, and that you should assure
him of the interest taken by Her Majesty's Government in all that concerns the
welfare of the Central American States.
. . I do not anticipate that you will have been detained long at Guatemala.
You were aware of the anxiety of Her Majesty's Government that these
Central American questions should be brought to a close before the end of
this year, and I trust, therefore, that after concluding arrangements with the
Government of the Republic of Honduras, you will have lost no time in
repairing to Nicaragua.
I am, &c.
(Signed) J. RUSSELL.
No. 253.
Lord J. Russell to Lord Lyons.
My Lord,
Foreign Office, November 23, 1859.
I HAVE to state to your Lordship that Her Majesty's Government regret
the delay which has taken place in the execution of Mr. Wyke's instructions,
a delay which appears to have been caused by his forced stay at Guatemala,
owing to the infrequency of the packets by which he could proceed.
Your Lordship was informed generally in my despatch of the 18th of
August of the scope and character of Mr. Wyke's instructions; I now
inclose copies of them,* in order that you may be able to point out to General
Cass the many changes, as compared with those furnished to Sir William
Ouseley, which have been made with a view to facilitate Mr. Wyke's
negotiations,
I am, &c.
(Signed) J. RUSSELL.
No. 254.
AIr. Wyke to Lord J. Russell.-(Received November 24.)
VAIN
IU
(Extract.)
Guatemala, September 30, 1859.
I HAVE the honour to report that I arrived here the day before yesterday
from Panamá, which place I left on the 16th instant in the steamer “ Guate-
mala."
As there is at present no British vessel-of-war on the Pacific Coast of Central
America, I shall have to remain here until the 24th of next month, when I
hope to leave this State for the port of La Union. on my way to Honduras,
by the steamer “ Guatemala,” on her return trip down the coast.
The journey from La Union to the capital of Honduras will, I understand,
take about five or six days, so that I cannot well begin my negotiations with the
Government of that Republic until somewhere about the 10th of November next.
60
)
LU
* Nos. 225, 226, 227, 228, 229, 230, and 239,
2
R
300
No. 255.
Acting Consul-General Hall to Lord J. Russell.—(Received November 24.)
the i have a plenipotecations,
- My Lord,
THE box containing the Queen's ratification of the Convention defining
the boundary between the Republic of Guatemala and British Honduras did not
come to hand until the 7th instant, five days after the departure of the post
for England.
The ratifications were exchanged on the 12th instant between Don Pedro
de Aycinena, the Guatemalan Plenipotentiary and myself. The ratification of
the President of Guatemala goes with this despatch, carefully packed up.
I have also sent, inclosed with the ratifications, a certificate signed by the
Guatemalan Plenipotentiary and myself. On signing the certificate of the
exchange of the ratifications, I communicated to Don Pedro de Aycinena the
message contained in your Lordship's despatch dated the 19th of August, on
which he expressed himself highly gratified, and at the same time stated his
intention of making a reply to your Lordship in writing.
I have also addressed Her Majesty's Superintendent in Belize, announcing
the fact of the exchange of the ratifications having been effected on the 12th
instant.
I have, &c.
(Signed) WILLIAN
.
VU
No. 256.
Acting Consul-General Hall to Lord J. Russell.--(Received November 24.)
My Lords,
Guatemala, September 20, 1859.
IN the despatch I had the honour of addressing to your Lordship,
dated September 17, and which was inclosed in the box containing General
Carrera's ratification of the Convention defining the boundary of British
Honduras, I informed you that the ratifications were exchanged on the 12th
instant, between Don Pedro de Aycinena, the Guatemalan Plenipotentiary, and
myself, on the part of Her Majesty the Queen, and that a certificate signed by
me and the Guatemalan Plenipotentiary was also inclosed within said ratifica-
tion.
I now do myself the honour to transmit the copy of a letter addressed to
me by Don Pedro de Aycinena, expressing his satisfaction at the termination
of this affair, and his high appreciation of the benevolent intentions of Her
Majesty's Government towards this Republic, and of the frank and friendly
spirit evinced during the negotiations which have thereby been brought to so
successful a termination.
M. Aycinena then states that, in the opinion of the Guatemalan Govern-
ment, it would be desirable that two engineers should be forthwith sent out, in
order that in the months of November and December next (the most favourable
season for so doing), the survey and designs of the line of communication be
made, upon which, when effected, the Guatemalan Government will hasten to
convey to that of Her Majesty their ideas upon the manner in which the work
for forming the road can be carried into execution.
I have, &c.
(Signed) WILLIAM HALL.
Inclosure in No. 256.
Señor Aycinena to Acting Consul-General Hall.
Señor,
Guatemala, Setiembre 17 de 1859.
INFORMADO el Presidente de cuanto por orden especial del Gobierno
AT
301
UU
ratificaciones de la Convencion que arregla nuestros limites con el Estableci.
miento de Honduras Británico, su Excelencia aprecia en todo su valor los
benevolos sentimientos del Gobierno de Su Magestad hacia esta República,
teniendo la intima persuasion de que el espiritu amistoso y franco con que ha
procedido, afianzará y fortalecerá en beneficio de los dos paises las buenas
relaciones de vecindario que existen entre ellos.
Ha sido muy satisfactorio á su Excelencia que el Articulo relativo á la
apertura del camino, propuesto por nuestro parte y admitido por Mr. Wyke,
haya sido plenamente aprobado por el Gobierno de Su Magestad, y desea que
sin demora se lleve á ejecucion, y se emprenda por los dos Gobiernos una obra
que concurrira sin duda el engrandecimiento de este pais, y al desarrollo y
extension del comercio Británico.
Al efecto, y respondiento á la indicacion que V.S. se sirvió hacerme sobre
que el Gobierno Británico desearia saber las ideas del de Guatemala con
respecto á los medios mas adecuados para llevar á efecto aquel Articulo, debo
decir á V.S. que convendria se dispusiese por lo pronto el envio de un oficial
ingeniero, acompañado de un ingeniero de caminos practico, para que pueda
comenzarse desde los meses de Noviembre ó Diciembre proximos, estacion
favorable, el reconocimiento y trazo de la linea de comunicacion por los puntos
que sean mas á proposito ; en el concepto de que por nuestra parte se
franquearán los auxilios y facilidades que sean necesarios. Hecho el reconoci-
miento, el Gobierno se apresurará á comunicar al de Su Magestad sus ideas
sobre la manera de executar la obra del camino.
El Presidente me ordena que al responder a la manifestacion que V.S. se
sirvió hacerme despues del cange de las ratificaciones de la Convencion de
30 de Abril ultimo, aproveche la oportunidad para manifestarle el alto aprecio
con que ha recibido el testimonio de la estimacion que ha merecido al Gobierno
de Su Magestad la pronta y franca conclusion de este negocio.
Soy, &c.
(Firmado) P. DE AYCINENA.
(Translation.)
Sir,
Guatemala, September 17, 1859.
THE President has been made acquainted with the tenor of the commu-
nication you made to me, by especial orders of Her Majesty's Government,
after the exchange of the ratifications of the Convention defining our limits
with the settlement of British Honduras, and his Excellency appreciates in
their full extent the sentiments of good-will on the part of Her Majesty's
Government towards this Republic, and entertains the firm persuasion that ihe
frank and friendly spirit in which they have proceeded will secure and strengthen
the good relations and neighbourhood which exist between them.
. It has been very satisfactory to his Excellency that the Article relative to
the opening the road, propôsed on our part, and acceded to by Mr. Wyke, bas
been fully approved of by Her Majesty's Government; and he is desirous of
it being carried into execution; the two Governments thus engaging on an
undertaking that will doubtless tend to the aggrandizement of this country, and
to the development and extension of British trade.
In reply to the indication you were pleased to make to me that the British
Government is desirous of being made acquainted with the ideas of that of
Guatemala, with respect to the measures most adequate for the carrying into
effect that Article, I beg now to state, that it would be desirable that measures
should be taken for immediately sending out an engineer of intelligence,
accompanied by another well versed in the practical part of road-making, in
order that they may begin in November or December next (the season most
favourable for so doing), the survey and design of the line of communication,
in such directions as may be deemed the most fitting for the object; with the
understanding that on our part every help and facility will be afforded that
may be deemed necessary. When the survey is made, this Government will
hasten to convey to that of Her Majesty their ideas upon the manner in which
the work for forming the road can be carried into execution.
2 R2
302
1
The President has commanded me to reply to the manifestation which you
were pleased to make to me, after the exchange of the ratifications of the
Convention of the 30th of April last, and to seize this opportunity of declaring
the high appreciation with which he has received the testimony of esteem which
Her Majesty's Government has extended towards him by the frank and speedy
conclusion of this Convention.
I am, &c.
(Signed) P. DE AYCINENA.
No. 257.
Lord J. Russell to Lord Lyons.
My Lord,
Foreign Office, November 24, 1859.
WITH reference to my despatch of yesterday's date, I inclose a copy
of a despatch from Mr. Wyke reporting his arrival at Guatemala and his
intended movements.* You will observe that Mr. Wyke states that it
would be impossible for him to leave Guatemala before the 24th of October.
I am, &c.
(Signed) J. RUSSELL.
No. 258.
Mr. Wyke to Lord J. Russell.—(Received December 21.)
UU
My Lord,
Guatemala, October 11, 1859.
I WAS this day received in public audience by General Carrera, President
of the Republic, to whom I had the honour of delivering the Queen's letter of
credence.
I herewith inclose copy of the address I pronounced on the occasion,
together with a translation of his Excellency's reply, the original Spanish
version of which will be found in the accompanying “ Guatemala Gazette."
I have, &c.
(Signed) C. LENNOX WYKE.
Inclosure 1 in No. 258.
JA
Mr. Wyke's Address to the President of Guatemala, on presenting his Credentials.
Señor Presidente,
I HAVE the honour to place in your hands a letter from my august
Sovereign the Queen, accrediting me as Her Majesty's Envoy Extraordinary
and Minister Plenipotentiary on a special Mission to your Excellency.
Although Her Majesty's Government have not, at the present moment,
any negotiations open with this Republic, they are unwilling to send me in a
high diplomatic character to any other of the Republics of Central America,
without directing me to repair, in the first place, to Guatemala in a similar
character.
They consider this as a mark of attention due to the friendship and
confidence recently shown by this Republic to Great Britain, in the frank and
prompt conclusion with me of the Treaty defining the boundary of the British
settlement of Belize, a Trenty which Her Majesty's Government are convinced
will promote the best interests of both parties, not only by bringing about an
increased trade between the two countries, which will follow as a natural
consequence from the execution of its stipulations, but also from the great
* No. 254.
303
advantages likely to accrue to this State in times to come, when the full
development of its effects shall have justified the sound policy of your
Excellency's Government in this transaction.
Her Majesty's Government take a most lively interest in the progress and
welfare of this Republic, and they have seen with satisfaction the success which
has attended the efforts of its Government to pursue a steady and consistent
course in the troubles by which Central America has so frequently been
distracted.
It is with peculiar satisfaction that I am enabled to offer your
Excellency the expression of the Queen's esteem and regard, as well as the
hearty wishes of Her Majesty for the welfare and prosperity of the Republic of
Guateinala.
As far as I am personally concerned, I have received too many proofs of
your Excellency's kind consideration during a long residence here, not to
rejoice sincerely at being thus chosen as the medium for conveying to you the
assurance that the amicable relations, hitherto existing between the two
countries, are now likely to become even more cordial and intimate than ever.
That such may be the case is my earnest desire, for after living so many
years in this Republic, I cannot but feel the most lively interest in its future
prosperity and welfare.
Inclosure 2 in No. 258.
Reply of General Carrera.
Señor Ministro,
RECIBO con mucha complacenzia la carta de Su Magestad la Reina en
que os acredita su Enviado Extraordinario y Ministro Plenipotenciario en mision
especial en Guatemala, y estimo en todo su valor esta prueba de atencion par-
ticular que la augusta Soberana de la Gran Bretaña ha querido dar á esta
República y á su Gefe.
Es tambien sumamente satisfactorio para mi el alto aprecio que Su Magestad
ha hecho del espiritu amistoso y franco que por parte de mi Gobierno se ha
manifestado en el ajuste del Convenio para fijar los limites entre la República y
el Establecimiento Británico de Belice. Tengo entera confianza en que los mas
favorables resultados serán la consecuencia de este arreglo, y abrigo tambien la
esperanza de que en lo futuro podrán ser aun mayores, facilitando el desarrollo
de la agricultura, especialmente en nuestros importantes Departamentos del
Norte.
Al recibiros en el elevado carácter con habeis sido investido por Su
Magestad la Reina, me complazco en aseguraros que por mi parte nada omitiré
para que sea cada dia mas perfecta entre los dos paises la buena inteligencia
que ha contribuido á mantener el espíritu leal, amistoso y franco de que habeis
dado pruebas sempre en vuestras relaciones con mi Gobierno.
Con satisfaccion, Señor Ministro, vuelvo á veros entre nosotros, siendome
grato poder ofreceros mis cordiales felicitaciones por la honrosa prueba de
confianza que habeis recibido de vuestra augusta Soberana.
(Translation.)
Señor Minister,
IT is with great satisfaction ihat I receive the letter in which Her Majesty
the Queen accredits you as Her Majesty's Envoy and Minister Plenipotentiary
on a special Mission to Guatemala, and I fully appreciate the proof of particular
attention which the august Sovereign of Great Britain has been pleased to
bestow on this Republic and its Chief.
· It is equally satisfactory to me to perceive the high opinion that Her
Majesty has formed of the frank and friendly spirit evinced on the part of my
Government in the adjustment of the Convention fixing the limits between this
Republic and the British settlement of Belize.
304
I have an entire confidence that the most favourable results will ensue
from this arrangement, and I likewise entertain the hope that in future it will
be attended by still more important ones, by promoting, the development of
agriculture, especially in our more important departments to the north.
On receiving you in the elevated character with which you have been
invested by Her Majesty the Queen, I feel much satisfaction in assuring you
that, on my part, nothing shall be wanting to render more perfect the good
understanding existing between the two countries, and which the upright,
frank, and friendly feeling, of which you have always given proofs in your
relations with my Government, has contributed to maintain.
With satisfaction, Señor Minister, I again see you amongst us, and I feel
much pleasure in offering you my cordial congratulations on the honourable
proof of confidence that you have received from your august Sovereign.
No. 259.
Mr. Wylce to Lord J. Russell.--(Received December 21.)
..
(Extract.)
Guatemala, October 22, 1859.
I AM glad to be able to inform your Lordship that the Guatemala
Government, in compliance with my wishes, have written to the Governments
of Honduras and Nicaragua, strongly urging them to come to some final
settlement with me of questions which, so long as they remain in their present
state, are as dangerous to those States as they are unsatisfactory to Her
Majesty's Government.
I propose leaving this city the day after to-morrow, in order to embark on
the 26th instant, at the port of San José, for La Union, from whence I proceed
direct to the interior of Honduras.
No. 260.
ALI
A
.
.
Mr. Wyke to Lord J. Russell. (Received January 2, 1860.)
(Extract.)
Comayagua, November 23, 1859.
ON my arrival at the port of La Union on the 30th ultimo, I was met by
Mr. Hall, the British Consul in Honduras, who had proceeded to that place in
obedience to instructions I had previously sent, as I was anxious to learn from
him the light in which my Mission was looked on by the Government of that
State.
Mr. Hall informed me that the President was glad to hear of my intended
visit, and that he would probably proceed to the town of Teguciga
me, having given orders that a house should be prepared there for my
reception.
After a delay of several days, owing to contrary winds, I proceeded to the
port of La Brea, and from thence inland to Tegucigalpa, which town I reached
on the 8th instant in the afternoon.
I was received there with every attention by the Comandante, who
conducted me to the best house in the town, intimating at the same time, that
the President would probably arrive there in a day or two.
As however there appeared to be some doubt on this subject, I dispatched
a courier, early the following morning, to Comayagua with a private letter for
his Excellency, informing him of my arrival, and expressing my willingness to
proceed immediately to Comayagua, should his occupations prevent his coming
to Tegucigalpa.
In this letter I briefly intimated to him the object of my Mission, and
pointed out the great importance of not losing any time in proceeding at once
with the negotiations with which I was intrusted.
After a delay of several days, I received the President's reply on the 16th,
in which he expressed his regret at not being able to come to Tegucigalpa, but
offered to name a Commissioner armed with full powers, who should come on
there at once in order to treat with me.
305
I dispatched Mr. Hall, the same evening to Comą yagua, to tell his
Excellency that, under the circumstances, I should proceed on the following
day to that place, in order to wait on his Excellency in person.
On my arrival here, on the 20th, I addressed an official note to the
Minister for Foreign Affairs, requesting a public audience of the President,
and requesting that his Excellency would grant such audience at his earliest
convenience, as my stay in the Republic was probably limited to a very short
period.
An answer was promptly returned, fixing my reception for the following
day (yesterday) at 12 o'clock.
I have now the honour to inclose copy of the address I delivered on the
occasion, together with a translation of the President's reply.
US
Inclosure 1 in No. 260.
Mr. Wyke's Address to the President of Honduras on presenting his Credentials.
Señor Presidente,
I HAVE the honour to place in your hands a letter from my august
Sovereign the Queen, accrediting me as Her Majesty's Envoy Extraordinary
and Minister Plenipotentiary on a special Mission to your Excellency.
The object of this Mission is, if possible, to arrive at a satisfactory settle-
ment of sundry questions on which a divergence of opinion has hitherto existed
between our respective Governments, but which, when treated of face to face
and examined into in a spirit of impartial justice, will, I doubt not, admit of a
solution mutually satisfactory to both parties.
That such a result may be arrived at is the earnest desire of Her Majesty's
Government, as my presence here must amply prove, and I trust that this wish
will be reciprocated by your Excellency and the Government of Honduras.
It affords me great pleasure to be able to assure you of the interest taken
by the Queen in the welfare and prosperity of this Republic, as well as of the
desire of Her Majesty's Government to maintain the most friendly relations
between the two countries.
That my efforts may tend to so desirable an end is, I need not assure your
Excellency, my sincere wish; and, if I am met in a similar spirit, I have every
hope that such will be the result of a Mission which is in itself a proof of a
conciliatory and friendly spirit on the part of Her Majesty's Government.
ern
Inclosure 2 in No. 260.
Reply of the President of Honduras.
w
(Translation.)
IT affords me the highest gratification to know that your august Sovereign
the Queen has accredited you her Envoy Extraordinary and Minister Plenipo-
tentiary on a special Mission to this Government,
It has ever been my most anxious wish to conclude and arrange satisfac-
torily the various questions that have existed between England and this
Republic, and, as I trust that they will be treated with impartiality, I have
every reason to expect a solution mutually satisfactory to both parties.
Guided by reason and justice, it cannot be doubted that the result will be
in conformity with the end proposed, it being my most earnest wish to pay due
deference to the kindly feeling entertained towards this country by Her
Majesty's Government.
I can never cease to recognize and appreciate, as is due, the interest taken
by the Queen in the welfare and prosperity of this Republic, and at the same
time the desire of Her Majesty's Government to maintain the most friendly
relations between the two countries. .
Finally, that every thing may be arranged in a just and proper manner is
my most special desire, it being my object not only to satisfy the friendly and
306
conciliatory spirit of Her Majesty's Government, but to give you the best
testimony of the sincere esteem which, for various motives and considerations, I.
entertain towards you.
No. 261.
Mr. Wyke to Mr. Hammond.—(Received July 2.)
(Extract.)
Comayagua, November 28, 1889.
I HAVE barely time to send you a couple of lines, written in the greatest
haste, as the courier is on the eve of starting for the port of La Union, which
it is just, and only just possible, he may reach before the steamer leaves for
Panama.
I have succeeded in negotiating a Treaty, which I signed this evening,
nearly similar to the one I brought out, having been obliged to alter some
portions of the text, but not in any way materially altering its value; and I
have also succeeded in getting 5,000 dollars annually for the Mosquito Indians
for the next ten years, that sum having to be paid to their Headman, for the
“ social improvement and education of said Indians' resident in the district
ceded to those Indians.
The elections for the Assembly are now going on, so that it was impossible
to call that body together to ratify it, but the President of the Republic has, in
order to prove his perfect sincerity, ratified it himself, thus pledging his credit
that he will have it ratified immediately on the meeting of the Assembly, which
will be on the 15th of January next.
As I only signed the Treaty half an hour ago, and the courier has not a
minute to spare, I cannot say more.
Anasuperioada
No. 262.
Lord J. Russell to Mr. Wyke.
(Extract.)
Foreign Office, January 9, 1860.
I HAVE received your despatch of the 23rd of November, reporting your
arrival at Comayagua. Mr. Hammond has also laid before me your letter of
the 28th of that month, from which I learn that you had concluded the Treaty
with the Honduras Government, which had been signed on that day; you
also state that the President had ratified it himself, thus pledging his credit
that he would cause it to be ratified immediately on the meeting of the Honduras
Assembly.
I have much pleasure in congratulating you on your success in this matter,
and in assuring you that your proceedings are entirely approved by Her
Majesty's Government.
We hope soon to hear of similar success in your negotiations with the
Government of Nicaragua.
MIT
No. 263.
Lord Lyons to Lord J. Russell.—(Received January 10, 1860.)
(Extract.)
Washington, December 26, 1859.
I HAVE this morning had the satisfaction of receiving a letter from
Mr. Wyke, written at Comayagua on the 28th ultimo, and informing me that
he has concluded a Treaty with the Republic of Honduras, which he believes
will be acceptable both in London and at Washington.
I have been to General Cass and have communicated to him this intelli-
gence, and read to him from Mr. Wyke's letter a summary of the stipulations
of the Treaty just concluded.
: General Cass said that he received the intelligence with extreme pleasure,
and that the stipulations appeared to him to be satisfactory.
307
ICU
No. 264.
Mr. Wyke to Lord J. Russell.-(Received January 9, 1860.).
(Extract.)
Comayagua, November 29, 1859..
I AM glad to be able to inform your Lordship that I have succeeded in
overcoming the obstacles which only a week ago appeared to render the success
of my Mission here extremely doubtful, by signing, yesterday evening, a Con-
vention with the Honduranean Plenipotentiary, which I trust will prove entirely
acceptable to Her Majesty's Government.
I found myself forced to consent to some alterations and additions in the
wording of the several Articles, as set down in the draft of said Convention
furnished to me by your Lordship's orders on my departure from England for
these countries.
These alterations are in themselves quite insignificant, and in no way affect
the real value of the Treaty, besides being amply compensated for by my
success in obtaining from this Government the grant of 5,000 Spanish dollars,
to be paid annually for the next ten years, in half-yearly instalments of 2,500
dollars each, to the Head-man of the Mosquito Indians in the district, now
acknowledged by Her Majesty's Government as belonging to and under the
sovereignty of this Republic.
This concession was not obtained until after a severe struggle, but I
determined to secure it, in accordance with your Lordship's wishes, as it is but
just that the Indians should not lose our protection without. receiving some
compensation for their loss.
I will now proceed to enumerate and describe the alterations in the
original draft of the Convention, to which I have consented, for the reasons
already given,
In the first paragraph of Article I, after enumerating the islands, they
wished to insert, “commonly known as the Bay Islands,” which of course I did
not object to.
In the first sentence of the second paragraph of the same Article, they
strongly objected to the literal translation into Spanish of the words “ of
which they may be possessed,” and so at last, after a long discussion, I con-
sented to put " which they may have acquired therein,” as, with the context;
and what follows, our object is equally well attained.
At the end of that sentence I was obliged also to consent to the insertion
of the words, “but remaining in all other respects subject to the laws of the
Republic,” which, after all, is nothing more than what the inhabitants of said
islands must naturally expect to be subject to, if they remain there under the
new order of things.
In the first paragraph of Article II, I have changed, at their request
the word “claimed” into the word " possessed,” which is, if it were of any con-
sequence, in favour of the Mosquito Indians.
At the end of the second sentence of same Article, they wished nie to
insert “ to enable Her Majesty's Government to give the necessary instructions
for carrying out the stipulations of said Treaty," to which, of course, I did
not object.
In Article III, speaking of the Mosquito Indians, we changed the word
“ citizens” into “natives,” for the simple reason that citizenship in this Republic
is only conferred on individuals under certain conditions, such as being of age,
and being able to read and write, &c.
At the end of that paragraph I inserted the clause, by which an annual
grant of 5,000 dollars, payable in half-yearly instalments of 2,500 dollars each,
is secured to the Head-man of the Mosquito Indians in the district now ceded;
the payment of said sum being guaranteed to them by a mortgage on all woods
and other natural productions (whatever they may be) of the State lands in the
Bay Islands and the district above named.
I did not of course succeed in carrying my point without a severe struggle,
but they at length yielded to my wishes, which I consider a matter of great
importance, both for our own credit as well also for the effect that securing
this clause will probably have on my negotiations with the Government of
Nicaragua, in treating of a similar question wi them.
yici
7
2 S
308
The first of these half-yearly payments will be made six months after the
exchange of the ratifications of the present Treaty.
The next and last alteration of the text in the original draft is in
Article VI, where the town of Guatemala is named instead of that of Belize,
as the place of meeting for the Commissioners.
As I would not consent to Truxillo, they would not agree to Belize,
and therefore a compromise was made by naming Guatemala, as neutral
ground, where neither party would find any difficulty in obtaining the services
of fit and proper persons to act as their Commissioners.
Such is the Convention which I have now the honour to transmit to your
Lordship, and I trust that it may be approved of by Her Majesty's Government.
As the elections are now going on for one-half of the Members of the
Assembly, it was of course impossible to call that body together to ratify
the Treaty, but the President has affixed his ratification of it to the docu-
ment itself, by a Decree, declaring the Treaty to be considered as a law of
the State as soon as it shall have been ratified by the Supreme Legislative
Power, to whom it will be submitted at their next meeting, on the 15th of
January.
I have not the slightest doubt that the Treaty will be ratified by the
Legislature, as the President has a decided majority there, and he has now
pledged himself to its ratification.
The ratifications of the Treaty are to be exchanged at Comayagua (which
can be done by Consul Hall), in deference to the wishes of this Government,
who have no agent in London to perform that office for them.
Inclosure in No. 264.
Treaty between Her Majesty and the Republic of Honduras.
HER Majesty the Queen of the United Kingdom of Great Britain and
Ireland, and the Republic of Honduras, being desirous to settle in a friendly
manner certain questions in which they are mutually interested, have resolved
to conclude a Treaty for that purpose, and have named as their Plenipotentiaries,
that is to say:
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Charles Lennox Wyke, Esquire, Companion of the Most Honourable
Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister
Plenipotentiary, on a special Mission to the Republics of Central America;
And his Excellency the President of the Republic of Honduras, Don
Francisco Cruz, Political Chief of the Department of Comayagua;
Who, after having communicated to each other their respective full
powers, found in good and due form, have agreed upon and concluded the
following Articles :
ARTICLE I.
Taking into consideration the peculiar geographical position of Honduras,
and in order to secure the neutrality of the islands adjacent thereto, with
reference to any railway or other line of interoceanic communication which
may be constructed across the territory of Honduras on the mainland,
Her Britannic Majesty agrees to recognize the Islands of Ruatan, Guanaca,
Elena, Utile, Barbarete, and Morat, known as the Bay Islands, and situated
in the Bay of Honduras, as a part of the Republic of Honduras.
The inhabitants of the said islands shall not be disturbed in the enjoyment
of any property which they may have acquired therein, and shall retain perfect
freedom of religious belief and worship, public and private, but remaining in all
other respects subject to the laws of the Republic. If any of them should wish
to withdraw from the islands, they shall be at full liberty to do so, to dispose
of their fixed or other property as they may think fit, and to take with them the
proceeds thereof.
The Republic of Honduras engages nut to cede the said islands, or any of
them, or the right of sovereignty over such islands, or any of them, or any part
of such sovereignty, to any nation or State whatsoever,
309
.
ARTICLE II.
Her Britannic Majesty engages, subject to the conditions and engage-
ments specified in the present Treaty, and without prejudice to any question
of boundary between the Republics of Honduras and Nicaragua, to recognize
as belonging to and under the sovereignty of the Republic of Honduras,
the country hitherto occupied or possessed by the Mosquito Indians within
the frontier of that Republic, whatever that frontier may be.
The British Protectorate of that part of the Mosquito territory shall cease
three months after the exchange of the ratifications of the present Treaty, in
order to enable Her Majesty's Government to give the necessary instructions
for carrying out the stipulations of said Treaty.
.
ARTICLE III.
The Mosquito Indians in the district recognized by Article II of
this Treaty as belonging to and under the sovereignty of the Republic
of Honduras shall be at liberty to remove, with their property, from the
territory of the Republic, and to proceed whithersoever they may desire;
and such of the Mosquito Indians who remain within the said district shall not
be disturbed in the possession of any lands or other property which they may
hold or occupy, and shall enjoy, as natives of the Republic of Honduras, all
rights and privileges enjoyed generally by the natives of the Republic.
The Republic of Honduras being desirous of educating the Mosquito .
Indians, and improving their social condition in the district so occupied by
them, will grant an annual sum of 5,000 dollars in gold or silver, for the next
ten years, for that purpose, to be paid to their Head-man in the said district; the
payment of such annual sum being guaranteed to them by a mortgage on all
woods and other natural productions (whatever they may be) of the State lands
iu the Bay Islands and the Mosquito Territory.
These payments shall be made in half-yearly instalments of 2,500 dollars.
each, the first of which payments shall be made six months after the exchange
of the ratifications of the present Treaty.
ARTICLE IV.
Whereas British subjects have by grant, lease, or otherwise, hereto-
fore obtained from the Mosquito Indians, interests in various lands situated
within the district mentioned in the preceding Article, the Republic of
Honduras engages to respect and maintain such interests; and it is further
agreed that Her Britannic Majesty and the Republic shall, within twelve months
after the exchange of the ratifications of the present Treaty, appoint two Com-
missioners, one to be named by each party, in order to investigate the claims
of British subjects arising out of such grants or leases, or otherwise; and all
British subjects whose claims shall by the Commissioners be pronounced well
founded and valid, shall be quieted in the possession of their respective interests
in the said lands.
ARTICLE V.
It is further agreed between the Contracting Parties, that the Commissioners
mentioned in the preceding Article shall also examine and decide upon any British
claims upon the Government of Honduras that may be submitted to them, other
than those specified in that Article, and not already in a train of settlement;
and the Republic of Honduras agrees to carry into effect any agreements for
the satisfaction of British claims already made, but not yet carried into effect.
claims upon the Greceding Article shall atracting Parties, that the
ARTICLE VI.
The Commissioners mentioned in the preceding Articles shall meet
in the city of Guatemala, at the earliest convenient period after they
shall have been respectively named, and shall, before proceeding to any
2 S 2
310
business, make and subscribe a solemn declaration, that they will impartially
and carfully examine and decide, to the best of their judgment, and according
tu justice and equity, without fear, favour, or affection to their own country, all
the matters referred to them for their decision; and such declaration shall be
entered on the record of their proceedings.
The Commissioners shall then, and before proceeding to any other business,
name some third person to act as an arbitrator or umpire in any case or cases
in which they may themselves differ in opinion. If they should not be able to
agree upon the selection of such a person, the Commissioner on either side
shall name a person; and in each and every case in which the Commissioners
may differ in opinion as to the decision which they ought to give, it shall be
determined by lot which of the two persons so named shall be arbitrator or
umpire in that particular case. The person or persons so to be chosen shall,
before proceeding to act, make and subscribe a solemn declaration, in a form
similar to that which sliall already have been made and subscribed by the
Commissioners, which declaration shall also be entered on the record of the
proceedings. In the event of the death, absence, or incapacity of such person
or persons, or of his or their omitting or declining, or ceasing to act as such
arbitrator. or umpire, another person or persons shall be named as aforesaid to
act as arbitrator or umpire in his or their place or stead, and shall make and
subscribe such declaration as aforesaid.
Her Britannic Majesty and the Republic of Honduras hereby engage to
consider the decision of the Commissioners conjointly, or of the arbitrator or
umpire, as the case may be, as final and conclusive on the matters to be
referred to their decision; and they further engage forthwith to give full effect
to the same.
11
ARTICLE VII.
The Commissioners and the arbitrator or umpire shall keep an accurate
record, and correct minutes or notes, of all their proceedings, with the dates
thereof, and shall appoint and employ a clerk or other persons to assist them in
the transaction of the business which may come before them.
The salaries of the Commissioners shall be paid by their respective
Gorernments. The contingent expenses of the Commission, including the
salary of the arbitrator or umpire, and of the clerk or clerks, shall be defrayed
in equal halves by the two Governments.
ARTICLE VIII.
117
at Comayagua as soon as possible within six months from this date.
In witness whereof, the respective Plenipotentiaries have signed the same,
and have affixed thereto their respective seals.
Done at Comayagua, the 28th day of November, in the year of our Lord
1859.
(L.S.) C. LENNOX WYKE.
(L.S.) FRANCISCO CRUZ.
Appended to the Treaty is a provisional ratification of it by the President
of the Republic, stating that it is to be held as a law of the Republic as soon
as the Sovereign Legislative Power, to whom it shall be submitted at its next
meeting, shall ratify, sanction, and approve it.]
.
No. 265.
Mr. Wyke to Lord J. Russell.--(Received January 19, 1860.)
. (Extract.)
Comayagua, November 29, 1859.
. AS I consider the l'àtification of the Treaty I yesterday signed with this
Government to be quite safe, I mean to leave Comayagua, en route for
Nicaragua, the day after to-morrowv, as the sooner I reach that Republic the
.311
better. The Honduras Legislature will assemble on the 15th of January next,
and the Treaty will be submitted to that body for ratification during the first
days of the session, and when approved of, its ratification will be immediately
forwarded to me in Nicaragua
I hope to be at Managua about the 27th of next month, and if so, I shall
begin my negotiations with the Government of that State as soon afterwards as
possible.
TI
No. 266.
Lord J. Russell to Mr. Wyke.
Sir,
Fóreign Ofice, January 26, 1860.
I HAVE received and laid before the Queen your despatch of the .
29th of November last, inclosing the Convention with the Government of
Honduras, and I have to convey to you the entire approval of Her Majesty's
. Government of your proceedings, and especially of your having induced the
Plenipotentiary of Honduras to consent to the insertion of a clause by which
that Republic engages to pay an annual sum of 5,000 dollars for the next ten
years to the Mosquito Indians.
I am, &c.
(Signed) J. RUSSELL.
NI
III
No. 267.
· Mr. Wylce to Lord J. Russell.--(Received. ruary 1, 1860.)
My Lord,
Managua, December 24, 1859.
I HAVE the honour to report to your Lordship my arrival here the day
before yesterday.
As General Martinez was absent from the capital, I was this day presented
to Don Fernando Guzman, Vice-President of the Republic, who is at present
Chief of the Executive. I have the honour to transmit an Address I delivered
on the occasion, together with the Vice-President's reply thereto.
I have, &c.
(Signed) CHARLES LENNOX WYKE.
Inclosure 1 in No. 267.
Mr. Wyke's Address on presenting his Credentials to the President of Nicaragua.
ll
Señor Presidente,
I HAVE the honour to place in your hands a letter from my august
Sorereign the Queen, accrediting me as Her Majesty's Envoy Extraordinary and
Minister Plenipotentiary to your Excellency.
Entrusted by Her Majesty's Government with the settlement of the various
questions upon which a divergence of opinion has hitherto existed between the
Governments of Central America and ourselves, I have been fortunate enough
to arrive at a satisfactory solution of such differences, as well in Guatemala as in
the neighbouring Republic of Honduras, with the Governments of both of
which States I have recently signed Conventions whereby all contending
interests have been conciliated, and the friendly relations existing between these
Governments and that of Her Majesty have been consolidated and rendered
still more intimate.
To arrive at so desirable a result, it was, of course, necessary that I should
be met half-way in a spirit of conciliation and good will, and that such was the
case I am most happy to be able to testify, both as regards the Government
of Guatemala as well as that of Honduras.
The only remaining questions to be settled are those now pending between
your Excellency's Government and that of Her Majesty, and I entertain a firm
312
o
hope and belief that these also may be happily adjusted by the same means as
already indicated.
That such an end may be arrived at is the earnest desire of Her Majesty's
Government, as my presence here must prove, and I trust that this wish may
be reciprocated by your Excellency and the Government of Nicaragua.
It affords me great pleasure to be able to assure you of the interest taken
by the Queen in the welfare of this State, as well as of the desire of Her
Majesty's Government to maintain the most friendly relations between the two
countries.
That my efforts may tend to bring about so desirable a result is my most
'earnest wish, for I have passed too many years in Central America not to take
a lively interest in the future progress and prosperity of this Republic.
Inclosure 2 in No. 267,
Reply of the President of Nicaragua.
Señor,
EL Excelentisimo Señor Senador Presidente ha visto con suma satisfac-
cion la carta autografa de vuestra augusta Soberana, en que os acredita su
Enviado Extraordinario y Ministro Plenipotenciario cerca de este Gobierno,
porque ella continua y confirma la buena voluntad de Su Magestad para arreglar
las cuestiones con las Republicas de Centro-America, y especialmente con la de
Nicaragua.
Desde que esta se lanzó al rango de República independiente, contó, y
debio contar, con la justicia y fraternidad que se deben mutualmente todas las
naciones grandes y pequeñas, y con los beneficios que debia producirle la
amistad y buenas relaciones con las demas. Por esto no ha dejado de esperar
constantemente que el Gobierno de la Gran Bretaña querria arreglar con esta
Republica las cuestiones que hasta ahora han paralizado los efectos de su
amistad y buena inteligencia, y cuya terminacion exigia el honor de una y otra
parte,
La buena disposicion que anuncias de parte de vuestra augusta Soberana, y
la eleccion que hecho en persona de antecedentes tan acreditados entre nosotros,
corroboran las esperanzas del Gobierno que nada anhela tanto como afianzar el
progreso y prosperidad de la Republica en sus relaciones con las grandes Potencias,
y contribuir con los elementos de ella al progreso y prosperidad universal.
וז
(Translation.)
HIS Excellency the President has seen with great satisfaction the autograph
letter from your august Sovereign, in which you are acredited Her Envoy
Extraordinary and Minister Plenipotentiary to this Government, as it proves
the desire of Her Majesty to arrange the questions pending with the Republics
of Central America, and especially with that of Nicaragua.
Since Nicaragua has been erected into an independent Republic she has
relied, and is justified in so doing, on the fraternity and justice which all nations,
great or small, mutually owe to one another, and has counted upon those
benefits which her friendship and good relations with other states might be
expected to produce.
Wherefore, she has never ceased to hope that Great Britain would desire to
settle with this Republic those questions which have hitherto paralysed the
effects of their friendship and good understanding, and the conclusion of which
will be an honour to both parties.
The good disposition which you announce on the part of your Sovereign,
and the choice which she has made of a person whose antecedents are so highly
esteemed by us, strengthen the hopes of this Government, which desires nothing
so much as to confirm the progress and prosperity of the Republic by her rela-
tions with the great Powers, and to contribute by her own resources to the
universal progress and prosperity.
Y
-
.
.
.
.
.
.
...
.
1:1'.:
313
.
.
No. 268.
Mr. Wyle to Lord J, Russell.--(Received February 17.)
2
(Extract.)
Nicaragua, January 10, 1860.
ON the 24th ultimo I had the honour of reporting to your Lordship my
arrival here, at the same time that I transmitted copies of the address I
delivered on the occasion of my presentation to the Vice-President of the
Republic, together with his Excellency's reply thereto.
Two days afterwards I had a long conference with Don Pedro Zeledon, the
Nicaraguan Minister for Foreign Affairs, to whom I communicated in conver-
sation the bases of the Treaty I had to propose for the final settlement of the
Mosquito and Greytown question.
He told me that the general impression here was, that I had come to make
an unconditional surrender of our Protectorate without making any stipulations
whatever for securing the rights either of the Mosquito Indians themselves or
of British subjects who may have obtained grants of land or other advantages
from them.
I at once told Don Pedro Zeledon that if his Government seriously
entertained such an idea as this, all negotiations between them and myself on
this matter would become impossible, as Her Majesty's Government would
never consent to surrender their Protectorate over Mosquitia, except on certain
conditions which had been made as little burdensome to the Nicaraguan
Government as was compatible with our honour and the rights of others which
we were bound to defend.
In a subsequent conversation with him, I dwelt still more on the
impossibility of their ever obtaining what they wanted on such terms, and
pointed out the extreme danger to Nicaragua herself of rejecting the second
and final overture of Her Majesty's Government, who, should their present offer
be refused, would leave this country to its fate in any eventuality that might
arise hereafter with reference to this question.
I think I succeeded in finally bringing Don Pedro's views to coincide with
mine, but he was evidently disinclined to advocate them either to the President
or his colleagues, the other Ministers, whom he told me it would be necessary
for me to convert during his absence, as on the 1st of January he had to leave
this place for ten days, having been cominissioned to proceed to Leon to receive
Don Bernardo Piñol, the newly appointed Bishop of that city.
During his absence, I have had to go over the same ground with the
President and his Prime Minister, Don Rosalio Cortez, neither of whom, at
first, were at all inclined to enter into my views, and opposed me on nearly
every one of the stipulations I have to propose in the Treaty.
Slowly and gradually, however, they began to give way, and at last
Señor Cortez was officially appointed by the President to treat with me on the
terms I had to propose.
I have had three conferences with him, but as vet nothing definitive has
been agreed on between us, as he evidently fears the responsibility of accepting
the terms offered, until Don Pedro Zeledon returns, and Don Pedro, it is said,
remains away on purpose to avoid that of which Don Rosalio is afraid.
They require a modification of Article IIT, to make their sovereignty
over the district inliabited by the Mosquito Indians more evident, and to
prevent said Indians from adopting any new regulations which might interfere
with the same.
They also require that, in case the Republic is invaded by a foreign
enemy, the Mosquito Indians should be bound to defend the territory so
occupied by them.
In Article II, they object to paying the annual sum of 5,000 dollars,
pleading their poverty as an excuse.
Article VI does not please them for obvious reasons.
Article VII they dislike, and require some modifications more clearly
defining their legal jurisdiction over the free port of Greytown.
Article VIII has already given rise to long discussions and objections on
their part, but in this, as in the others, I hope finally to carry. my point,
314
although with modifications, which
although with what we requiredized in this respect, meeting of the Assembly,
I shall take care shall not essentially
Should my hopes be realized in this respect, a new difficulty has to be
overcome, in getting them to call an extraordinary meeting of the Assembly, to
which they are greatly averse.
Your Lordship may rely on my using every effort to bring the negotiations
to a successful termination, if my health only holds out.
I have twice broken down already, and been confined to my bed with
fever, so that there is every reason on my part to urge them to come to a
prompt conclusion of this harassing work in a climate so trying to a shattered
constitution.
I am anxiously expecting the return of Don Pedro Zeledon, as during his
absence nothing final will be done.
No. 269.
Mr. Wyke to Lord J. Russell.--(Received March 6.)
(Extract.)
Managua, January 28, 1860.
I HAVE the honour to inclose copy of the Treaty which I this day signed
with Don Pedro Zeledon, keeping the original until I have some safer means
of forwarding it to your Lordship.
I will now state, as briefly as possible, my reasons for admitting the
alterations you will perceive, in the various Articles of the original draft.
That in Article I, is a concession to national susceptibilities, besides
explaining why the British Protectorate is only to cease three months after the
exchange of the ratifications; both necessary with a view to its passing the
Assembly.
The alteration in the first part of Article II is quite unimportant, that in
the last paragraph was consented to in order to remove an idle fear, that the
Chief of the Mosquito Indians might for a sum of money transfer his interest
in the district referred to, to any foreign speculator.
Articles III and IV remain as in the original draft.
In Article V, I have obtained for the next ten years an annual payment
to the King of the Mosquito Indians, of 5,000 hard dollars.
This payment made in the way indicated, secures its safety to him, without
in any way interfering with the American or English Commercial Treaties, as
it is only on those packages of goods destined for consumption in the territory
of the Republic, that the tax according to their weight will be levied.
The alteration in Article VI was necessary to make it pass the Assembly,
as that body, Don Pedro assured me, would never agree to it in its original
form.
I had the greatest difficulty in carrying Article VII, as they wanted more
clearly to assert their legal jurisdiction over the port of Greytown.
In the form I have now given it, all that we want is secured, at the same
time that it is made less unacceptable to them. The change in the latter part
of the Article follows as a matter of course in consequence of the new form
given to Article V.
Article VIII, I had even still greater difficulty with, and had I not given
it the form it has now assumed, it would have been impossible for me to have
saved the Treaty.
Knowing the immense importance of securing the Treaty, I did the best
I could under the overwhelming difficulties I had to contend against, and
finally succeeded in securing that which, taken as a whole, will I doubt not
satisfy Her Majesty's Government under the circumstances.
Articles IX and X remain unchanged.
The alteration in Article XI is a natural one, owing to their extreme
poverty, and cannot affect us in any way.
The negotiation of this Treaty has cost me six weeks' anxiety and incessant
labour to conciliate conflicting interests and opinions.
315
I have now every reason to believe that the Treaty, as it stands, will be
ratified by the Assembly, when it meets on the 1st of March next.
I have already stated to your Lordship that my health will not allow me to
remain here longer than the period named. I have had two attacks of ferer
already, and am daily getting weaker and weaker.
A continued residence of cight years out in these countries, with only an
interval of two months' rest at home last summer, has completely broken me.
down and rendered a prompt return to England a matter of absolute necessity
to me.
I hope to see Don Pedro to-morrow before the departure of the mail, to
learn from him when he will be ready to sign the Commercial Treaty negotiated
by Sir William Ouseley, and returned with the modifications admitted by Her
Majesty's Government.
..
Inclosure in No. 269.
Treaty between Her Majesty and the Republic of Nicaragua, relative to the
Mosquito Indians, and to the Rights and Claims of British Subjects.
HER Majesty the Queen of the United Kingdom of Great Britain and
Ireland, and the Republic of Nicaragua, being desirous to settle in a friendly
manner certain questions in which they are mutually interested, have resolved
to conclude a Treaty for that purpose, and have named as their Plenipotentiaries,
TY
1
That is to say, ty the Queluke, Esquire,
Envoy Extra Central Amerua, Don
-
-
Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Charles Lennox Wyke, Esquire, Companion of the Most Honourable
Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister
Plenipotentiary on a Special Mission to the Republics of Central America;
And his Excellency the President of the Republic of Nicaragua, Don
Pedro Zeledon, Minister for Foreign Affairs;
Who, after having communicated to each other their respective full
powers, found in good and due form, have agreed upon and concluded the
following Articles :
ARTICLE I.
On exchanging the ratifications of the present Treaty, Her Britannic
Majesty, subject to the conditions and engagements specified therein, and
without prejudice to any question of boundary between the Republics of
Nicaragua and Honduras, will recognize as belonging to and under the
Sovereignty of the Republic of Nicaragua, the country hitherto occupied
or claimed by the Mosquito Indians within the frontier of that Republic,
whatever that frontier may be.
The British Protectorate of that part of the Mosquito, Territory shall
cease three months after the exchange of the ratifications of the present
Treaty; in order to enable Her Majesty's Government to give the necessary
instructions for carrying out the stipulations of said Treaty.
yi
ARTICLE II.
A district, within the territory of the Republic of Nicaragua, shall be
assigned to the Mosquito Indians; which district shall remain as above
stipulated under the Sovereignty of the Republic of Nicaragua,
. Such district shall be comprised in a line which shall begin at the mouth
of the River Rama in the Caribbean Sea; thence it shall run up the midcourse
of that river to its source, and from such source proceed in a line due west to
the meridian of 84° 15' longitude west from Greenwich ; thence due north up
the said meridian until it strikes the River Hueso, and down the midcourse of
that river to its mouth in the sea, as laid down in Baily's map, at about latitude
from 14° to 15° north, and longitude 83° west from the meridian of Greenwich ;
2 T
316
..
and thence southerly along the shore of the Caribbean Sea to the mouth of the
River Rama, the point of commencement.
But the district thus assigned to the Mosquito Indians may not be ceded
by them to any foreign person or State, but shall be and remain under the
- Sovereignty of the Republic of Nicaragua.
ARTICLE III.
The Mosquito Indians, within the district designated in the preceding
Article, shall enjoy the right of governing, according to their own customs,
and according to any regulations which may from time to time be adopted by
them, not inconsistent with the sovereign rights of the Republic of Nicaragua,
themselves, and all persons residing within such district. Subject to the
above-mentioned reserve, the Republic of Nicaragua agrees to respect and
not to interfere with such customs and regulations so established, or to be
established, within the said district.
ARTICLE IV.
It is understood, however, that nothing in this Treaty shall be
construed to prevent the Mosquito Indians, at any future time, from agreeing
to absolute incorporation into the Republic of Nicaragua on the same
footing as other citizens of the Republic, and from subjecting themselves to
be governed by the general laws and regulations of the Republic, instead of by
their own customs and regulations.
TO
ARTICLE V.
The Republic of Nicaragua being desirous of promoting the social
improvement of the Mosquito Indians, and of providing for the maintenance
of the authorities to be constituted under the provisions of Article III
of this Treaty, in the district assigned to the said Indians, agrees to grant
to the said authorities, for the space of ten years, with a view to such
purposes, an annual sum of 5,000 hard dollars. The said sum shall be paid at
Greytown, by half-yearly payments, to such person as may be authorized by
the Chief of the Mosquito Indians to receive the same, and the first payment
shall be made six months after the exchange of the ratifications of the present
Treaty.
For the payment of this sum, Nicaragua will levy and especially consign
a duty, to be levied according to weight, on all packages of goods that are
imported into that port, for consumption in the territory of the Republic; and
in case this duty shall not suffice for the payment of the said sum, the deficit
shall be made up from the other duties levied in the Republic.
1
ARTICLE VI.
Her Britannic Majesty engages to use her good offices with the Chief of
the Mosquito Indians, so that he shall accept the stipulations which are
contained in this Convention..
ARTICLE VII.
The Republic of Nicaragua shall constitute and declare the port of
Greytown, or San Juan del Norte, a free port under the sovereign authority
of the Republic. But the Republic, taking into consideration the immu-
nities heretofore enjoyed by the inhabitants of Greytown, consents that
trial by jury in all cases civil or criminal, and perfect freedom of religious
belief and worship, public and private, such as has hitherto been enjoyed
by them up to the present moment, shall be guaranteed to them for the
future. , .
No duties or charges shall be imposed upon vessels arriving in, or departing
from, the free port of Greytown, other than such as may be sufficient for the
due maintenance and safety of the navigation, for providing lights and beacons,
and for defraying the expense of the police of the port; neither shall any
duties or charges be levied in the free port on goods arriving therein, in transit
from sea to sea. But nothing contained in this Article shall be construed to
317
prevent the Republic of Nicaragua from levying the usual duties on goods
destined for consumption within the territory of the Republic.
ARTICLE VIII.
All bona fide grants of land for due consideration made in the name and
by the authority of the Mosquito Indians, since the 1st of January, 1848,
and lying beyond the limits of the territory reserved for the said Indians,
shall be confirmed, provided the same shall not exceed in any case the
extent of 100 yards square, if within the limits of San Juan or Greytown, or
one league square if without the same, and provided that such grant shall not
interfere with other legal grants made previously to that date by Spain, the
Republic of Central America or Nicaragua, and provided further, that no such
grant shall include territory desired by the Government of the latter State for
forts, arsenals, or other public buildings. This stipulation only embraces those
grants of land made since the 1st of January, 1848.
In case, however, any of the grants referred to in the preceding paragraph
of this Article should be found to exceed the stipulated extent, the Commis-
sioners hereinafter mentioned shall, if satisfied of the bona fides of any such
grants, award to the grantee or grantees, or to his or their representatives or
assigns, an area only equal to the stipulated extent.
And in case any bona fide grant, or any part thereof, should be desired by
the Government for forts, arsenals, or other public buildings, an equivalent
extent of land shall be allotted to the grantees elsewhere.
ent.
ARTICLE IX.
: Her Britannic Majesty and the Republic of Nicaragua shall, within six
months after the exchange of the ratifications of the present Treaty, appoint
each a Commissioner for the purpose of deciding upon the bona fides of
all grants of land mentioned in the preceding Article as having been made
by the Mosquito Indians, of lands heretofore possessed by them, and lying
beyond the limits of the territory described in Article I.
Tres Dich
eve
ARTICLE X.
The Cominissioners mentioned in the preceding Article shall, at the
earliest convenient period after they shall have been respectively named,
meet at such place or places as shall be hereafter fixed; and shall, before
proceeding to any business, make and subscribe a solemn declaration that
they will impartially and carefully examine and decide, to the best of their
judgment, and according to justice and equity, without fear, favour, or affection
to their own country, all the matters referred to them for their decision; and
such declaration shall be entered on the record of their proceedings.
The Commissioners shall then, and before proceeding to any other business,
name some third person to act as arbitrator or umpire in any case or cases in
which they may themselves differ in opinion. If they should not be able to
agree upon the selection of such a person, the Commissioner on either side
shall name a person; and in each and every case in which the Commissioners
may differ in opinion as to the decision which they ought to give, it shall be
determined by lot which of the two persons so named shall be arbitrator or
umpire in that particular case. The person or persons so to be chosen shall,
before proceeding to act, make and subscribe a solemn declaration, in a form
similar to that which shall already have been made and subscribed by the
Commissioners, which declaration shall also be entered on the record of the
proceedings. In the event of the death, absence, or incapacity of such person
or persons, or of his or their omitting, or declining, or ceasing to act as such
arbitrator or umpire, another person or other persons shall be named as afore-
said to act in his or their place or stead, and shall make and subscribe such
declaration as aforesaid.
Her Britannic Majesty and the Republic of Nicaragua shall engage to
consider the decision of the two Commissioners conjointly, or of the arbitrator
or umpire, as the case may be, as final and conclusive on the matters to be
referred to their decision, and forthwith to give full effect to the same.
2 T 2
318 :
ARTICLE XI.
The Commissioners and the arbitrators or umpires shall keep accurate
records and correct minutes or notes of all their proceedings, with the dates
thereof, and shall appoint and employ such clerk or clerks, or other persons,
as they shall find necessary to assist them in the transaction of the business
which may come before them.
The salaries of the Commissioners, and of the clerk or clerks shall be
paid by their respective Governments, the salary of the arbitrators or umpires,
and their contingent expenses, shall be defrayed in equal moieties by the
two Governments.
ARTICLE XII.
The present Treaty shall be ratified by Her Britannic Majesty, and by
the Congress of the Republic of Nicaragua, and the ratifications shall be
exchanged at London as soon as possible within the space of six inonths.
. In witness whereof the respective Plenipotentiaries have signed the same
and have affixed thereto their respective scals.
Done at Managua, this 28th day of January, in the year of Our Lord 1960.
(L.S. PEDRO ZELEDON.
(L.S.) C. LENNOX WYKE.
No. 270.
Mr. Wyke to Lord J. Russell.—(Received March 16.)
(Extract.)
Managua, February 11, 1860.
SUBSEQUENT to the signature of Sir William Ouseley's Commercial
Treaty with this Government, Señor Zeledon negotiated and signed a similar
one with General Lamar, the United States' Minister, which was accepted by
the Cabinet of Washington, and sent to the United States' Senate for
ratification.
This Treaty contains an Article guaranteeing not only the neutrality of
the transit route, but also its “innocent use," being, however, in all other
respects similar, Señor Zeledon informis me, to the draft of the Ouseley
Treaty which I brought out from England in August last.
It appears now that the Nicaraguan Congress has established it as a
fundamental principle, that hereafter all Treaties made by this Republic with
the Governments of Great Britain and of the United States shall be on a
perfect footing of equality in all that concerns privileges to be granted, or
protection to be demanded, and that, therefore, as the United States'
Government have extended their protection by the Lamar Treaty to the
só innocent use " of such routes, Great Britain must do so likewise, if she
wishes to have a Treaty with Nicaragua.
This Government naturally entrenches itself behind this resolution, and
declares it is of no use their signing a Treaty which will not be ratified by the
Congress.
As, on the present occasion, the Mosquito Convention must be carried
through the Chamber under the wing of the Commercial Treaty, witliout
which it would never be accepted, I am forced to give way on this point, by
admitting the insertion in Article XXI, of the words - and innocent use,"
but only on the condition that I should obtain from Señor Zeledon a
declaration in writing, clearly setting forth that, if the similar stipulation in
the Lamar Treaty is not sanctioned by the United States' Senate, these words
shall be expunged from our Commercial Treaty, which would then remain
exactly similar to the draft of it which I brought out with me.
Since writing the above, I have received the desired communication from
Señor Zeledon, and have signed the Treaty with him, and have now the
honour to inclose both under the same cover with the original of the Mosquito
Convention, copy of which I inclosed to your Lordship in my despatch of the
28th ultimo.
In the first sentence of the second paragraph of Article XXI, they had
319
placed in the Spanish version, that one free port at each of the extremities of
“ one of these routes should be established.
This I, of course, would not admit, and then had the word which I have
quoted effaced, leaving the stipulation thus even stronger than it is in the
English version.
Don Pedro made a hard struggle to maintain his version, but I insisted
upon having my own way,
Where the erasure has taken place, Don Pedro and myself placed our
initials, so as to avoid the possibility of any future dispute as to the meaning
of the change. :
A Decree is to be issued to-day, I hear, calling the Assembly together for
the 1st of March next, when these two Treaties are to be submitted to that
body for ratification.
Both Mr. Eden and myself have suffered so much in health from a two
months' residence in this sickly place, that I am about leaving it for Leon for
change of air.
The Session, which is an extraordinary one, will only, I believe, last three
weeks, so that I hope to leave Nicaragua for England at the end of next
month.
Inclosure 1 in No. 270.
Señor Zeledon to Mr. Wyke.
Señor Ministro,
Palacio Nacional, Managua, Febrero 11 de 1860.
DESPUES de la conversacion que tuvimos ayer sobre las palabras
“ é inocente uso,” contenidas en la garantia de Su Magestad Británica á las
rutas de transito que se establezcan por el territorio de Nicaragua, convenida
en el Articulo XXI del Tratado de Amistad, Comercio y Navegacion entre Su
Magestad Británica y la República de Nicaragua, que hoy debemos firmar, no
tengo embarazo en asegurar á V.E. que si aquellas palabras quedasen subsistentes
en el Tratado Zeledon-Lamar, de igual naturaleza, celebrado entre Nicaragua y
los Estados Unidos, quedarán igualmente subsistente en él celebrado entre V.E.
y el que suscribe, y sino, no.
Tengo el honor de manifestarlo á V.E. en satisfaccion á sus deseos, y
el de suscribirme de V.E., &c.
(Firmado). PEDRO ZELEDON.
(Translation.)
Señor Minister,
National Palace, Managua, February 11, 1860.
WITH reference to our yesterday's conversation about the words “ and
innocent use," contained in the guarantee which Her Britannic Majesty shall
afford to the routes of transit to be hereafter established through the territories of
Nicaragua, stipulated for in Article XXI of the Treaty of Friendship, Commerce,
and Navigation, between Her Britannic Majesty and the Republic of Nicaragua,
which we are this day to sign, I have no hesitation in assuring your Excellency
that, should the said words be retained in the Zeledon and Lamar Treaty of a
similar nature between Nicaragua and the United States they shall also be
retained in that concluded by your Excellency and the Undersigned, but that, if
not, they shall be suppressed in the said Treaty.
I have the honour to communicate this to your Excellency, in accordance
with your wishes, and have, &c.
(Signed). PEDRO ZELEDON.
UU
S
Inclosure 2 in No. 270.
777
Mr. Wyke to Señor Zeledon.
Sir,
Managua, February 11, 1860.
I HAVE the honour to acknowledge the receipt of your Excellency's
note of this day's date; having reference to the conversation we had yesterday
320
relative to the words “and innocent use,” contained in Article XXI of the
Treaty of Friendship, Commerce, and Navigation between the Republic of
Nicaragua and Her Britannic Majesty..
. In that note you assuré me that, should the same words, “and innocent
use," not be retained in the XVth Article of the Zeledon-Lamar Treaty between
the United States and Nicaragua, they shall be suppressed hereafter in the
Treaty between Her Britannic Majesty and Nicaragua, which, on this under-
standing, I shall have great pleasure in signing with you to-day.
I have, &c.
(Signed) C. LENNOX WYKE.
No. 271.
Mr. Wyke to Lord J. Russell.—(Received May 12.)
My Lord,
Nicaragua, March 4, 1860.
THE day before yesterday I learned by special courier from Honduras
that the Assembly of that State had at length ratified the Convention, which I
signed on the 28th of November last. with Don Francisco Cruz.
It appears that after my departure from Comayagua there. was great
difficulty in getting sufficient Members together to form a Chamber on the
15th of January, when they were summoned to meet, and that even when they
had come together, considerable reluctance was displayed to ratify the Treaty
as it stood. Finally, by bringing all the influence of the Government to bear,
it passed the Chamber and the Senate, and was about being formally declared
a “ Law of the State,” to use their favourite expression, when the Chapter of
the Cathedral addressed a petition to the Chambers, praying that the Treaty
might be again taken into consideration on account of the liberty of religious
worship in the Bay Islands therein stipulated for, and which, it was asserted, is
contrary to the Constitution.
Although this petition was untimely and ill-judged, as the Treaty had
already obtained due publicity ever since the month of December last, and all
parties had had sufficient time to express their opinion on its merits, yet the
Legislative Assembly, in deference to the Chapter, resolved to pass their
petition to a Select Committee in order to decide whether its object should be
entertained or not.
. Fortunately, they finally decided in the negative, and the Convention was
thus ratified, and cannot now be revised.
In a private letter of the 21st ultimo Mr. Hall, our Consul in Honduras,
informs me that this result was only attained by a majority of one vote, thus
proving that the opposition to the Treaty was much stronger than was antici-
pated by the Government when I left Honduras in November last.
I have, &c.
(Signed) C. LENNOX WYKE.
No. 272.
Mr. Wyke to Lord J. Russell.—(Received May 12.)
(Extract.)
Leon, April 2, 1860.
THE Special Congress called together by this Government for the purpose
of ratifying the Mosquito Convention and the Commercial Treaty which I
lately signed with Don Pedro Zeledon, met on the 6th ultimo, from which time
up to the 29th of the same month, the most violent opposition was displayed
by its Members to the stipulations contained in the Convention, which at one
time ran a considerable risk of being rejected altogether, a fate that would
certainly have attended it, had not the Government at the last moment
compromised matters with them, by agreeing to accept a modification of the
VIIIth Article, provided they would ratify the remainder of the Convention
as it stood.
They next directed their attention to the Commercial Treaty, Article II of
which they modified, and totally suppressed Article III, adding that the
321
ratification of the Treaty with these alterations depended entirely on the
ratification by Her Majesty's Government of the Mosquito Convention with
the addition to its VIIIth Article already alluded to.
I have, herewith, the honour to inclose copies of two despatches dated the
31st ultimo from this Government conveying to me the intelligence of the
ratification of the Convention and the Commercial Treaty, and in these
communications your Lordship will find an exact and detailed account of the
modifications above alluded to
The opposition, after finding fault with nearly all the Articles of the
Mosquito Convention, at last settled down into a dogged determination to limit
the space of territory within which the grants of land, extending without or
beyond that part of the country reserved for the Mosquito Indians, should be
confirmed. -
To this determination, as I have already said, the Government had finally
to give way for the sake of saving the Convention, and the addition to
Article VIII was then admitted, the literal translation of which is as
follows :-
" It is understood that the grants of land treated of in this Article, shall
not extend to the westward of the territory reserved for the Mosquito Indians,
in Article II, further than 84° 30' of longitude, in an equal and parallel line
with said territory on the same side. And in the event of any grants having
been made still farther into the interior of the Republic, the lands so acquired
bona fide, shall be replaced (sic) with those that are within the limits assigned,
under the same conditions as are already stipulated.”
The wording of the addition or modification appears at first sight to be
somewhat ambiguous, but its real meaning, as explained to me on the spot, is
plain enough.
As they fear that some of the former Mosquito grants may have extended
even into the interior of the Republic of Nicaragua, they are naturally anxious
to confine such grants within a stated limit, and therefore fixed on the line of
84° 30' west longitude, as the boundary beyond which these grants should
not extend to the westward, at the same time stating, however, that if any such
grants did so extend to the westward, the holders thereof should receive an
equivalent by fresh grants of land made to them, under the same conditions as
the others, within the limit above mentioned.
All things considered, however, the efforts of the opposition have not
produced those evil results which I at one time feared, for their modification
does not essentially interfere with the real sterling value of the Convention as
it stands, which finally terminates a question which, as long as it remained
unsettled, might eventually have led to serious embarrassments with the Govern-
ment of the United States.
The modifications of the Congress in the Commercial Treaty with
Nicaragua are as follows:
In the eleventh line of the first paragraph of Article II, the words “native
subjects” are changed into “natives of other countries.”
. Article III of the Treaty is entirely suppressed, and the ratification of
the Commercial Treaty is made dependent on that of the Mosquito Convention
by Her Majesty's Government.
These alterations in the Treaty were made with a view of putting it on a
footing of perfect equality with those lately signed with France and the United
States, to neither of which Powers has Nicaragua granted the freedom of its
coasting trade.
On the opening of the Session, the President, in addressing both Houses,
made a straightforward and sensible speech, advising them to terminate a
question which, as long as it remained unsettled, was dangerous to the safety
and well-being of the country, but notwithstanding this, the efforts of the
opposition to upset the Convention were soon so evident that the Government
became alarmed, and requested me to return to Managua in order to aid them
in gaining over the hostile Members.
Had I consented to their wishes, only mischief would have ensued, for
reasons which I need not now detail, so I at once declined.
Feeling, however, that it was necessary to have some one on the spot to
report accurately to me the proceedings of the Congress during its sittings,
I dispatched Mr. Eden from Leon to Managua, at the same time informing the
n
.
.
322
Government of my having done so, with a view to his being a sure medium of
communication between them and myself, in the event of anything occurring
to require my direct intervention.
During the fortnight that Mr. Eden remained at Managua, he showed
great prudence and judgment, accurately reporting to me all that occurred, and
strictly obeying the instructions I sent him in reply.
At length, seeing no diminution in the violence of the opposition, and that
the Session was rapidly drawing to a close, I determined on the 25th to recall
Mr. Eden at once to Leon, as they appeared to have conceived a notion that he
was authorized by me to make some concession to their demands at the last
moment, so as to save the Convention from rejection.
Undeceived on this point by Mr. Eden's sudden departure to rejoin me,
they at length yielded so far as to renounce their other objections, and finally
to settle down into the one point, of refusing the unlimited recognition of land
grants without the territory reserved for the Mosquito Indians.
The Government then finding that it was impossible to drive them from
this last stronghold, at length gave way also, and the Convention and Com-
mercial Treaty were ratified by the Congress, with the addition and modifi-
cations above described.
Thus has terminated a most arduous work.
Señor,
0
Inclosure 1 in No. 272.
Señor Cortes to Mr. Wyke.
Palacio Nacional, Managua, Marso 31 de 1860.
EL Decreto Legislativo de 30 del corriente, que ratifica el Tratado de
Amistad, Comercio y Navegacion firmado el 11 de Febrero ultimo por V.E. y el
Señor Don Pedro Zeledon, dispone en su Articulo II que el Articulo II de dicho
Tratado se lea asi :
“Las dos Altas Partes Contratantes, deseosas de establecer el comercio y
la navegacion de sus respectivos paises sobre bases liberales de perfecta igualdad
y reciprocidad, mutuamente convienen en que los ciudadanos de cada una
puedan frecuentar y habitar todas las costas y paises de la otra, y en que puedan
comprar y tener toda clase de propiedad que las leyes del pais, permitan tener
á los estrangeros de cualquiera nacionalidad, y ocuparse en toda clase de
comercio, manufactura y mineria, en los mismos terminos que los ciudadanos ó
súbditos de otros paises.
“En lo relativo á estos objetos gozarán de todos los privilegios y concesiones.
acordadas ó que en lo sucesivo se acuerden á los ciudadanos ó súbditos de cual-
quier pais; y en la navegacion, comercio y manufactura, gozarán de los derechos,
privilegios y exenciones de que gozan ó en lo futuro gozaren los ciudadanos ó
súbditos naturales del pais. Los buques de guerra y paquetes correos de cada
una de las Partes Contratantes respectivamente tendrán libertad de entrar en todos
aquellos puertos, rios y lugares del territorio de la otra á que es ó en lo sucesivo
fuere permitido llegar a los buques de guerra y paquetes de otras naciones ; de
hechar ancla, permanecer y repararse, siempre sujetos a las leyes de los dos
paises respectivamente. Las dos Altas Partes Contratantes se comprometen
ademas, á que ninguna de ellas concederá favor alguno á otra nacion, relativo al
comercio y á la navegacion, que inmediatemente no se haga comun á la otra
Parte Contratante."
El Articulo III del propio Decreto suprimeel Articulo III del mismo Tratado,
y el Articulo IV ordena que la ratificacion por parte de la República no tenga
efecto sinó cuando por ambas Partes hay sido ratificada la Convencion relativa
al territorio de Mosquitia celebrada últimamente.
Tengo el honor de comunicarlo á V.E. para su conocimiento y de reiterar
á V.E. la seguridad, &c.
(Firmado) ROSALIO CORTEZ.
1
1
(Translation.)
National Palace, Managua, March 31, 1860.
THE Legislative Decree of the 30th instant, ratifying the Treaty of
Friendship, Commerce, and Navigation, which was signed on the 11th February
)
(
0)
323
last, by you and Señor Don Pedro Zeledon, provides by its second article that
Article II of the said Treaty shall be read thus :-
« The two High Contracting Parties, being desirous of establishing the trade
and navigation of their respective countries upon liberal bases of perfect
equality and reciprocity, mutually agree that the citizens of each of them may
frequent and inhabit all the coasts and places of the other, and that they
may purchase and hold every kind of property which the laws of the country
allow foreigners of any nation to hold ; and that they may engage in every
kind of trade, manufacture, and mining, on the same terms as the citizens and
subjects of other countries.
"In regard to those matters they shall enjoy all the privileges and conces-
sions granted, or which may hereafter be granted, to the citizens or subjects
of any country whatever; and in navigation, trade, and manufactures, they
shall enjoy the rights, privileges, and immunities which are enjoyed, or may
hereafter be enjoyed, by citizens or native subjects, complying with the
established laws which are binding on the citizens and native subjects of the
country. The ships of war and postal packets of each of the Contracting
Parties shall respectively be at liberty to enter into all those ports, rivers, and
places of the territory of the other, into which the ships of war and postal packets
of other nations are, or may hereafter be, allowed to enter; and to cast
anchor, to remain, and to repair, subject always to the laws of the two countries
respectively. The two High Contracting Powers, moreover, bind themselves
that neither of them shall grant any favour to another nation, in respect of
commerce and navigation, which shall not immediately be communicated to the
other High Contracting Party.”
The third Article of the said Decree suppresses Article III of the same
Treaty; and the fourth Article orders that the ratification, on the part of the
Republic, shall not take effect until the Convention relative to the Mosquito
territory recently concluded shall have been ratified by both parties.
I have the honour to communicate this to you for your information, and
to repeat the assurances, &c.
.(Signed) ROSALIO CORTEZ,
Inclosure 2 in No. 272.
Señor Cortez to Mr. Wyke.
Señor,
Palacio Nacional, Managua, Marso 31 de 1860.
El Augusto Congreso de la República, al ratificar la Convencion relativa
al territorio de Mosquitia, firmada por V.E. y el Señor Don Pedro Zeledon en
22 de Enero último, ha tenido á bien adicionar su Articulo VIII de la manera
siguiente:-
“Es entendido que las enagenaciones de que habla este Articulo no deben
estenderse por la parte occidental del territorio reservado á los Indios
Mosquitos en el Articulo II, mas allá de 84° 30' de longitud en una linea
paralela é igual con la de dicho territorio por el mismo lado; y si resultase que
algunas enagenaciones hubiesen sido hechas mas al interior de la República,
deberán reponerse los terrenos adquiridos de buena fé con los que se hallan
dentro de la faja señalada bajo la regulacion convenida.”
Tengo el honor de participarlo á V.E. para su conocimiento.
(Firmado) ROSALIO CORTEZ.
(Translation.)
1
National Palace, Managua, March 31, 1860.
THE august Congress of the Republic, in ratifying the Convention
respecting the Mosquito territory, signed by you and Señor Don Pedro
Zeledon on the 22nd January last, has thought proper to add a clause to
Article VIII of the same, in the following manner :-
“It is understood that the grants of land treated of in this Article shall
not extend on the western side of the territory reserved to the Mosquito
? U
IT
ICO
:
.
.
.
..
324
Indians by Article II, further than 84° 30' of longitude, in a line equal and
parallel with that of the said territory on the same side; and if it should be
the case that any grants of land have been made further to the interior of the
Republic, the lands acquired bond fide shall be replaced by those which are
within the line defined by the regulation agreed to.”
I have the honour to communicate this for your information.
(Signed) ROSALIO CORTEZ.
: No. 273.
Lord J. Russell to Mr. Wyke.
Sir,
Foreign Office, June 10, 1860.
I RECEIVED, on the 16th of March last, the originals of the Treaties
which you signed with the Plenipotentiaries of Nicaragua, at Managua, on the
28th of January and the 11th of February, and the ratifications of which by
Her Majesty will be forthwith prepared.
I have great pleasure in conveying to you Her Majesty's entire approval
of your conduct in regard to these Treaties, and generally of your proceedings
in Central America in execution of the instructions which I addressed to you on
your departure for that country in the month of August last.
I am, &c.
(Signed) J. RUSSELL.
No. 274.
M. de Marcoleta to Lord J. Russell.-(Received July 24.)
Milord,
Londres, 6, Old Cavendish- street, 24 de Julio de 1860.
TENGO el honor de informar á V.E. que en la noche de ayer llegué á
Londres, encargado, y con poder especial, de proceder al cange de las ratifi-
caciones del Tratado celebrado entre Su Magestad Británica y la República de
Nicaragua referente á la costa y territorio de Mosquitos; del Tratado de
Comercio y Navegacion, igualmente que la de la Convencion de Correos :
Tratados concluidos, el primero y segundo con Mr. C. Lennox Wyke, y la
ultima con Sir Gore Ouseley, Ministros Plenipotenciarios, sucesivamente, de la
Gran Bretaña cerca del Gobierno de la República.
Debo manifestar á V.E. que, con respecto á los dos primeros Tratados, el
Congreso ha hecho ciertas modificaciones, segun V.E. podra observar por las
notas No. 1 y 2, aqui inclusas; notas que contienen la copia de las ratificaciones
con las enmiendas adoptadas.
Me atrevo á esperar, Milord, que, tomando conocimiento de esta comuni.
cacion, V.E. se servirá manifestarme su opinion respecto al asunto, y determinar
el dia y hora en que, si no halla reparo, podra procederse al cange de las ratifi-
caciones,
Sirvase, &c.
J. DE MARCOLETA.
(Translation.)
London, 6, Old Cavendish-street, July 24, 1860.
I HAVE the honour to inform your Excellency that I arrived in London
yesterday evening, charged and specially empowered to proceed to the exchange
of ratifications of the Treaty concluded between Her Britannic Majesty and the
Republic of Nicaragua, respecting the Mosquito coast and territory, of the
Treaty of Commerce and Navigation, as also that of the Postal Convention;
the first and second of which Treaties were concluded with Mr. C. Lennox Wyke,
and the third with Sir Gore Ouseley, who were successively Ministers Plenipo-
tentiary of Great Britain with the Government of the Republic,
I have to state to your Excellency with regard to the first two Treaties,
that the Congress has made certain modifications in them, as your Excellency
may see by the inclosed notes Nos. 1 and 2, which contains copies of the ratifi-
cations with the adopted amendments.
325
.
I venture to hope, my Lord, that your Excellency on receiving this com-
munication, will be pleased to give me your opinion respecting this matter, and
to fix a day and hour when, if there be no obstacle, the exchange of ratifications
may be effected.
Be pleased, &c.
(Signed) J. DE MARCOLETA.
AN
Inclosure 1 in No. 274.
Modifications made in the Treaty of January 28, 1860, respecting the
Mosquito Indians, &c.
Ratificacion.
El Gobierno:
Acuerda. Apruebase el anterior Tratado, ajustado de conformidad con
las instrucciones espedidas:
Elevese al Poder Legislativo para su ratificacion.
Managua, Enero 28 de 1860.
(L. S.) TOMAS MARTINEZ.
El Ministro de Negocios Estrangeros,
(L. S.)
PEDRO ZELEDON. .
El Articulo VIII del Tratado inserto será adicionado como sigue: -
“Es entendido que las enagenaciones de que habla este Articulo no deben
estenderse por la parte occidental del territorio reservado á los Indios Mosquitos
en el Articulo II, mas allá de 84° 30' de longitud en una linea paralela é igual
con la del dicho territorio por el mismo lado. Y si resultase que algunas
enagenaciones hubiesen sido hechas mas al interior de la República, deberán
reponerse los terrenos adquiridos de buena fé de la faja señalada bajo la
regulacion convenida.”
Cuando el presente Tratado haya obtenido igual ratificacion de parte de
Su Magestad Británica y se haya verificado el cange, como dispone el
Articulo XII, será una ley de la República.
Dado en el Salon de Sesiones de la Camara del Senado, en Managlia,
á 17 de Marzo de 1860.
(Firmado) HERMENEGILDO ZEPEDA, S.P.
T. MIGUEL CARDENAS, S.S.
MANUEL REVELO, S.S.
Al Poder Ejecutivo :
Salon de Sesiones de la Camara de Diputados,
Managua, Marzo 29 de 1860.
(Firmado) BUENAVENTURA SELVA, D.P.
ANTONINO FALLA, D.S.
JOSE A. MEGIA, D.S.
Por tanto : Ejecutese.
Managua, Abril 4 de 1860.
(Firmado) TOMAS MARTINEZ.
El Ministro de Relaciones Esteriores,
(Firmado) PEDRO ZELEDON.
(Translation.)
Ratification.
LO
THE Government agrees. The preceding Treaty is approved, being
arranged in conformity with the instructions issued :
To be brought before the Legislative Power for ratification thereof.
Managua, January 28, 1826.
(L.S.) THOMAS MARTINEZ.
(L.S.) PEDRO ZELEDON,
Minister of Foreign Affairs.
2 U 2
326
Article VIII shall have an additional clause as follows:
“It is understood that the grants of land treated of in this Article shall
not extend on the western side of the territory reserved to the Mosquito
Indians by Article II, further than 84° 30' of longitude, in a line equal and
parallel with that of the said territory on the same side; and if it should be
the case that any grants of land have been made further to the interior of the
Republic, the lands acquired bona fide shall be replaced by those which are within
the line defined by the regulation agreed to.”
When the present Treaty shall be equally ratified on the part of Her
Britannic Majesty and the exchange shall be effected, as provided in Article
XII, it shall become a law of the Republic
Given in the Hall of Meeting of the Chambers of the Senate, in Managua,
the 17th day of March, 1860.
(Signed) HERMENEGILDO ZEPEDA, S.P.
T. MIGUEL CARDENAS, S.S.
MANUEL REVELO, S.S.
To the Executive Power:
Hall of Meeting of the Chamber of Deputies,
March 29, 1860.
(Signed) BUENAVENTURA SELVA, D.P.
ANTONINO FALLA, D.S.
JOSE A. MEGIA, D.S.
Therefore be the same done.
Managua, April 4, 1860.
(Signed) TOMAS MARTINEZ.
PEDRO ZELEDON,
Minister of Foreign Affairs.
TL
Inclosure 2 in No. 274.
Ratification of the Treaty of Friendship, Commerce, &-c., signed February 11, 1860.
El Gobierno:
Examinado el anterior Tratado y encontrado de conformidad con las
instrucciones dadas, tiene á bien acordar su aprobacion.
Elevese al Poder Legislativo en su proxima reunion.
· Palacio Nacional, Managua, Febrero 12 de 1860.
(Firmado) TOMAS MARTINEZ.
El Ministro de Relaciones Esteriores,
(Firmado) PEDRO ZE EDON
El Articulo II se leera asi :-
“Las dos Altas Partes Contratantes, deseosas de establecer el comercio y la
navegacion de sus respectivos paises sobre bases liberales de perfecta igualdad y
reciprocidad, mutuamente convienen en que los ciudadanos de cada una puedan
frecuentar y habitar todas las costas y paises de la otra, y en que puedan
comprar y tener toda clase de propiedad que las leyes del pais permitan tener á
los estrangeros de cualquior nacionalidad y ocuparse en toda clase de comercio,
manufactura, y mineria en los mismos terminos que los ciudadanos ó subditos
de otros paises.
“En lo relativo á estos objetos gozarán de todos los privilegios y concesiones
acordadas ó que en lo sucesivo se acuerden á los ciudadanos ó subditos de
cualquier pais; y en la navegacion, comercio y manufactura gozarán de los
derechos, privilegios, y exenciones de que gozan, ó en lo futuro gozaren, los
ciudadanos ó subditos naturales, sometiendose á las leyes establecidas á que
esten sujetos los ciudadanos ó subditos naturales del pais. Los buques de
guerra y paquetes de correos de cada una de las Partes Contratantes tendrán
libertad de entrar en todos aquellos puertos, rios y lugares del territorio de la
otra á que es, ó en lo sucesivo fuese, permitido llegar á los buques de guerra y
paquetes correos de otras naciones; de echar anclos, permanecer y repararse,
siempre sujetos a las leyes de los dos paises respectivamente. Las dos Altas
Partes Contratantes se comprometen ademas á que ninguna de ellas concederá
favor alguno á otra nacion, relativo al comercio y á la navegacion que inme.
diatamente no se haga comun á la otra Parte Contratante."
1
11
1
Y
0
327
LCU
El Articulo III del Tratado quede suprimido.
Esta ratificacion tendrá efecto cuando haya sido ratificada por las dos
Partes Contratantes la Convencion relativa al territorio de Mosquitos, celebrada
en 28 de Enero ultimo; y luego que asi se verifique, é igualmente se haga el
cange de las respectivas ratificaciones del preinserto Tratado, este será une ley
de la República.
Dado en el Salon de Sesiones de la Camara del Senado, Managua,
Marzo 29 de 1860.
(Firmado) HERMENEGILDO ZEPEDA, S.P.
T. MIGUEL CARDENAS, S.S.
MANUEL REVELO, S.S.
Al Poder Ejecutivo :
Salon de Sesiones de la Camara de Diputados,
Munagua, Marzo 30 de 1860.
(Firmado) BUENAVENTURA SELVA, D.P.
ANTONINO FALLA.
JOSE A. MEGA, D.S.
Por tanto: Ejecutese.
Managua; Abril 2 de 1860.
(Firmado) TOMAS MARTINEZ.
El Ministro de Relaciones Esteriores,
(Firmado)
PEDRO ZELEDON.
2
.
(Translation.)
The Government having examined the above Treaty and found it in con-
formity with the instructions given, is pleased to grant its approbation.
Let it be brought before the Legislative Power at its next meeting.
National Palace, Managua, February 12, 1860.
(Signed) THOMAS MARTINEZ.
PEDRO ZELEDON,
Minister of Foreign Affairs,
Article II is to be read thus:-
“ The two High Contracting Parties being desirous of establishing the trade
and navigation of their respective countries upon liberal bases of perfect
equality and reciprocity, mutually agree that the citizens of each of them may
frequent and inhabit all the coasts and places of the other, and that they may
purchase and hold every kind of property which the laws of the country allow
foreigners of any nation to hold ; and that they may engage in every kind of
trade, manufacture, and mining, on the same terms as the citizens and subjects
of other countries.
“ In regard to those matters they shall enjoy all the privileges and conces-
sions granted, or which may hereafter be granted to the citizens or subjects of
any country whatever; and in navigation, trade, and manufactures, they shall
enjoy the rights, privileges, and immunities which are enjoyed, or may hercafter
be enjoyed by citizens or native subjects complying with the established laws
which are binding on the citizens and native subjects of the country. The
ships of war and postal packets of each of the Contracting Parties shall
respectively be at liberty to enter into all those ports, rivers, and places of the
territory of the other, into which the ships of war and postal packets of other
nations are, or may hereafter be, allowed to enter; and to cast anchor, to
remain, and to repair, subject always to the laws of the two countries respec-
tively. The two High Contracting Powers moreover bind themselves that
neither of them shall grant any favour to another nation in respect of commerce
and navigation which shall not immediately be communicated to the other
High Contracting Party.”
Article III of the Treaty is suppressed.
This ratification shall take effect when the Convention relative to the
Musquito territory, concluded on the 28th January last, shall have been rati-
· fied by the two Contracting Parties; and so soon as that shall have been done,
and likewise the respective ratifications of the above-quoted Treaty shall have
been exchanged, it shall be law of the Republic.
A
328
Given in the Meeting Hall of the Chamber of the Senate, Managua,
29th March, 1860.
(Signed). HERMENEGILDO ZEPEDA, S.P.
T. MIGUEL CARDENAS, S.S.
MANUEL REVELO, S.S.
To the Executive Power:
Meeting Hall of the Chamber of Deputies,
Managua, March 30, 1860.
(Signed) . BUENAVENTURA SELVA, D.P.
ANTONINO FALLA, D.S.
JOSE A. MEGA, D.S.
Therefore be the same done..
Managua, April 4, 1860.
(Signed): THOMAS MARTINEZ.
PEDRO ZELEDON,
Minister of Foreign Affairs.
No. 275.
Lord J. Russell to the Lords Commissioners of the Admiralty.
My Lords,
Foreign Office, July 25, 1860.
IN my letter to your Lordships of the 16th of August last, inclosing
a copy of an instruction I had addressed to Sir Charles Wyke, respecting
the protection to be afforded by Her Majesty's vessels of war to the
Republics of Central America in case of a threatened attack by filibusters, I
did not contemplate the necessity of continuing that protection after Sir
Charles Wyke's special Mission should have been brought to a close. Her
Majesty's Government have, however, received such well-authenticated reports
of an intended descent of filibusters upon the Bay Islands, which, under the
Treaty with Honduras, have become a portion of the territory of that
Republic, that they consider it necessary to repeat those instructions.
I have accordingly to signify to your Lordships the Queen's commands
that the Senior Officers in command of Her Majesty's ships-of-war on the
Atlantic and Pacific Coasts of Central America should be informed that they
are to regard as still in force the instructions they received last year to protect
the Central American Coasts, including the Bay Islands, during the continuance
of Sir Charles Wyke's Special Mission.
I am, &c.
(Signed) J. RUSSELL.
No. 276.
Lord Wodehouse to the Secretary to Admiralty.
Sir,
Foreign Office, July 31, 1860.
WITH reference to Lord John Russell's letter to the Commissioners of the
Admiralty of the 25th instant, I am directed to request that you will state to
their Lordships that it appears, from recent intelligence received from the Bay
Islands, that a vessel called the “ John A. Taylor ". has arrived at the Bay
Islands with Walker and a party of Americans on board.
It is probable that the designs of Walker and his party will have been
frustrated by the presence of a detachment of British troops on the Island of
Ruatan, but it is desirable that a British ship-of-war should proceed to the Bay
Islands as soon as possible, in order to afford protection to the inhabitants from
the attempt of filibusters; and I am therefore to request that you will move
their Lordships to give orders by the mail of the morning of the 2nd of
August to the Admiral on the West India Station to dispatch one of Her
Majesty's ships without delay on this service.
I am, &c.
(Signed) WODEHOUSE.
P
-
1
-.
.
329
No. 277.
Lord J. Russell to Lord Lyons.
My Lord,
Foreign Office, August 4, 1860.
IN my despatch of the 16th of August last, I instructed your
Lordship to communicate to General Cass a copy of the Treaty which Her
Majesty's Government had concluded with the Republic of Guatemala for
defining the boundary between that State and the Settlement of Belize. Sir
Charles Wyke was at that time about to proceed to Central America on the
Special Mission with which he had been charged by Her Majesty's Govern-
ment; and you were directed to state to General Cass, frankly and without
reserve, the earnest desire felt by Her Majesty's Government that the contro-
verted questions arising out of the Clayton-Bulwer Treaty should be settled,
and to explain to him the nature of the instructions with which Sir Charles
Wyke had been furnished with that object.
I have now to instruct your Lordship to communicate to General Cass
the inclosed copies of Treaties which have been concluded by Her Majesty
with the Republics of Honduras and Nicaragua.*
These Treaties, as you will perceive, provide for the relinquishment of the
Protectorate of the Mosquito Indians by Great Britain, and for the cession of
the Bay Islands to Honduras; and thus, it may be hoped, finally set at rest the
questions respecting the interpretation of the Clayton-Bulwer Treaty which
have been the subject of so much controversy between this country and the
United States.
I am, &c.
(Signed) J. RUSSELL.
* Inclosures in Nos. 264 and 269.

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