TV u/\ M-2S 0*70?. B X GlCi SPEECH OF HON. LEWIS PASS, OF MICHIGAN, OUR RELATIONS WITH GREAT BRITAIN DELIVERED IN THE SENATE JANUARY 28, 1856. Mr.CASSsaid: Mr. PRESIDENT: No man, who has read the President s annual message, can fail to see that our relations with England a^e in a critical condition. In that able and statesmanlike paper, the Chief Magistrate has spread before the country and the world, a statement of our affairs with various nations, and especially of our affairs with England. The whole exposition is plain and comprehensive; but it is with the latter, only, that I have any concern upon the present occasion. And there I find the facts true and clearly stated, the principles urged with force and justice; and, ^hilc the indefensible preten sions of England are exposed with a power of truth and reason, which will carry conviction to every unprejudiced mind, there is a tone of firm ness pervading the document, and within the limits of a proper national comity, which be comes the constitutional representative of this great Republic in its intercourse with the other Powers of the earth. And I have read, with much gratification, the dispatches which have issued from the State Department in relation to this controversy; and I find them marked with signal ability. It must be a satisfaction to the country to see, that its important interests are committed to such able management; and I will add, as a mere act of justice, that the papers, which have found their way to the public from that Department, during the administration of the present Secretary, may favorably compare with the official papers of the most eminent of his predecessors. And I fully concur in the encomium pro nounced the other day by the honorable Senator from Delaware, [Mr. CLAYTON,] himself a com petent judge, upon the distinguished Minister, who has conducted our negotiations at the Court of London. His letters to Lord Clarendon, and especially his statements, first explaining our cJfee, and next examining the co.se "of England, are models of diplomatic correspondence, clear, cogent, conclusive, and I believe have been read 1 with pride and pleasure through the whole coun try. And I trust, sir, that the public press has already conveyed to Mr. Buchanan evidence of the warm appreciation of his fellow-citizens. An ^American Representative abroad is often placed *n positions of difficulty and responsibility, where the support of his countrymen is not only his best reward, but his best encouragement. I have found myself surrounded with such circumstances ; and one of the proudest days of my life was the day, when information reached me, that upon a memorable occasion I had been weighed in the balance by my fellow-citizens, and found not wanting. Entertaining the views I have expressed of the President s message, I regretted to see, in a highly esteemed and intelligent journal of this city, which I have read with interest for almosthalfa century, the National Intelligencer, and for whose editors I have a warm personal regard, comments upon the tone and temper of portions of that document 5 which seemed to me marked with an undue scve rity of criticism. I do not propose to examine them, and refer to the article principally for the purpose of quoting a single paragraph. Before doing so, however, I ask attention to an expres sion, which conveys a forcible image, but one,! consider wholly inapplicable toourposition. That expression which contains much in little is, that " we are drifting into difficulties." Sir, I do not thus understand the circumstances, with which we arc surrounded. In my opinion, our noble ship is upon her true course, and our pilot is doing his duty. If difficulties arc before us and I believe they are we are neither drifting towards them, nor they towards us. They are designedly placing themselves in our way, and it would ill become our self-respect, or our honor, to change our course with a view to avoid them. The maneuver, even if resorted to, would be but a temporary escape, and we should find, that, while we had lost our character, we had not gained the poor recom pense of safety for dishonor. 252 The Intelligencer, speaking of warnings it had ; given, says they were " warnings prompted by j observation of the increasing prevalence of a war spirit amongst the politicians of the day, against : indulging this martial propensity to the extent of giving countenance, much less confidence, to any | Administration, or to any party, now or here- i after, which may show a disposition to make ! capital by fomenting national jars into national the population so in;- , as to exert no influence upon our national cburse. Almost no body wants war. But war is not to be aroided by shutting our eyes to the signs of the times, and crying, "all s well," when danger is upon us. The ostrich, which roams the desert, and hides its head in the sand, fearing it knows not what, and believing that it cannot be seen, because it cannot itself see, is as wise as those politicians, hates, o/ nursing into causes "of war every ad- 1! who think to avert or avoid danger by affecting to vcntitious dispute or controversy, great or smpll, be utterly ignorant of its existence. The true way such as are of every-day occurrence in the family jj is to look it in the face, and to be prepared for it. of nations, and from which the United States This is equally the dictate of prudence and of " would in vain hope for any exemption. Sir, I am sorry to see these remarks in such a j justly influential journal, not so much on account I of the language, for it is guarded, but on account j of the spirit, which pervades the article. Should J trouble come, that paper will be a faithful co- 1 laborer in its country s cause; but, in the mean ! the loss of the respect of the world. If, in addition time, such intimations are unfortunate, for they to our own experience, we wanted any other patriotism. Sir, war has its evils, and great, indeed, they are. Many of us know them by personal observ ation, and all know them by history and tradi tion. But there arc evils still greater, and among those is the forfeiture of our own self-respect and tend to cast doubts upon the motives of public : men, and to render them distrusted. During j many years, I have observed that every one has j been" exposed to similar imputations, who looked | steadily at the proceedings of other nations, and ; was prompt to observe and denounce injurious or insulting conduct towards us. It seems to be thought, with some, to be the dictate of caution, if not of wisdom, that the public eve and car should be kept almost closed, lest the country should become too sensitive, and something worse might happen, as though there could be anything proof of the dire calamities, which war brings in its train , we should find it in the great contest now going on upon the shores of the old Euxinc, tho early seats of civilization, where three of the greatest nations of the world arc engaged in tho deadliest conflict, recorded in the long annals of human warfare, from the first battle described in sacred history, when the four Kings went out against the five Kings in the vale of Siddim, down to our day. How this mighty struggle is to end, 1 1 or when, or with what consequences to the com- ^ II batants themselves, or to the old hemisphere, it worse than national disgrace. I do not recollcc^l would be presumptuous even to endeavor to pre- a single controversy we have had with a foreign diet. Power, since I have been on the stage of action, when these ungracious charges have not come to weaken, if not to deaden, .the inspirations of patriotism. Certainly, sir, to observe vigilantly the conduct of foreign nations towards our coun try, and to cxposo their injustice, is not to desire or to demand a war upon all occasions. The idea A singular commentary upon the little danger of war, " while statesmen keep their senses," to use an expression of the Intelligencer, is furnished by an event, that recently occurred in England. War, indeed, did not result from it, but it is ob vious that, in the public opinion there, a critical state of things exists, which requires but a slight rly unfounded/ Grave events, the gravest, ! incident to produce hostilities; and the cireurn- only can justify hostilities, but far short of such ; stance to which I allude is any thing but honorable x:v, nts may there be others calling for examina- | to the boasted intelligence of this middle of the tion and exposure. It seems to me, sir, that the nineteenth century. It is but a few days since prop-risky to doubt the justice of our own cause | the people of Engknd, with wonderful unanimity, is almost an American idiosyncrasy, for I do not believed that a war with the United States was believe it is equally prevalent among any other J imminent not imminent merely, but that it had people on the face of the globe. I have more than ! ! actually broken out. They heard, as they sup- once before been, and shall now again be, exposed posed, the guns of the hostile parties, while, m to similar obloquy. But neither its advent nor tUc.t, it was the peals of their own "Thunderer, "-ension has deterred me, at mu-.h < arUer now facetiously called " Blunderer, \vuen it expression 01 an earnest iiupu umt u= i*.i,v^ j ..*>,-_ name and the American fame will be maintained jj Olympu... by the American people with the brightness of wfiUi the English ruler of the clouds has to limit true glory, undiminished by the commission of a : his powers of alarm to his own nation Bi gingle deed, or th e omission of a single deed, sent his voice to every nook of Great ,n an, which national duty may forbid or require. 1 from Johnny Groat s house to the I have the consolation, however, of Ivliovn^g that, currying troul* e to every loyal heait A fleet of llle -Gv_t toro the pubhtsand engage ihe country in war. There is no such desire, dr, if there be, it is confined to a portion of jj each its advocates. v, . Oiie "was, that the 3 naval expedition was destined to intercept a new armada, more terrible t^ian its Spanish predeces sor, which had left, or was about to leave, our j shores, in order to wrest Ireland from English j domination; and the other, that this display of a characterize this pretension. It characterizes itself. That high officers of the English Government, both in the United States and upon their borders, were engaged in superintending" and directing this nation s power was for the purpose of avenging |l business, is not denied either by them or by the the insult cast upon the realm of Gtuecn Victoria, j I home authorities. It was an unfortunate moment by our Attorney General, in a communication to ; to make this experiment upon our forbearance, the District Attorney of New York, in which that I A great war was going on, and the nations of the high functionary had, to the great offense of Eng- II earth were watching with anxiety every incident lish delicacy, stated a plain case in plain language, j connected with it. We could not submit to the And this national burst of indignation is another ! violation of our neutrality laws, without the nmst illustration of the truth of the poetic exclama- !i serious imputations upon our honor and good j! faith. When this interference with them became 1 1 known and known, too , by judicial investigation tion " What great effects from little causes spring !" I leave to the future historian to pass judgment upon the disputed point. It is difficult, sir, to believe that any extent of national credulity could suffice to enable a people to swallow such humbuggei y as this; it deserves no better name. And yet the humiliating fact is true, beyond the reach of doubt. The whole English press confirms it. I have myself seen a letter from a most distinguished English gentle man, who says, frankly, that he was one of the "dupes"- this is the word he iises, upon that occasion the dupe of an arrogant, unprincipled journal, which has acquired and exercises an influence over the English public mind, equally strange and humiliating. Unfortunate is it for any people, where the journals of the day guide, instead of indicating, tne national opinion, and, especially, where one of them reigns supreme, and constitutes itself a new estate of the realm, j The President, in his message, refers to another i incident, which lias come to complicate our diffi- j culties with England, and that is, the effort to pro- ! cure recruits in the United States for the British j army, and the developments which have attended i it. As the President well remarks, our traditional j policy has been to avoid all connection v/ith Eu- 1 ropean wars, and to prevent cither party from ; receiving aid from this country. For this pur- 1 pose, laws have been passed, which form a per- manent portion of our system of national inter- i communication. Those laws have been violated ! by persons, acting in the name of the British Gov ernment. The existence of the offense has been : there were two courses for the Government to pursue in vindication of the honor of the country. One was, to dismiss the British Minister, a prin cipal agent in these obnoxious affairs; and the other, to lay the case before the British Govern ment, and to demand his recall. For myself, sir, I think the former should have been instantly adopted. I think the nature and the publicity of the transactions, and, especially, looking to the time and the condition of the world, and recalling the thousand-and-one charges made against us by the English press, and people, and Cabinet, ot filibustering, and of permissive if not of author ized, armaments in the United States, in violation of our solemn duties I think this act of vigorous policy was demanded by the highest considera tions, and I also think it would have redounded to our credit through the world. At the same time, sir, I do not conceal from myself, that there were very grave considerations in favor of adopt ing the second course: that is, giving to the British Government the opportunity of doing justice to the occasion and to us by its own act. I trust a demand has been made, and that it will be listened to; and, if not listened to, that we shall do for ourselves what, in that event, will be most ungra ciously refused, and ought to have been done for us elsewhere. The British Government, had it been actuated by a proper spirit of friendly inter course, would have recalled its Minister as soon as it ascertained the awkward position in which he had placed himself. It owed a prompt disa vowal not less to itself than to us. one or the other; and, least of all, has the British th he esteem and regard of all, who arc acquainted Government the right to say, your laws are to be ;] with him. Upon such a subject I shall take- construed so and so, and we have not interfered ! counsel from my own feelings only, and not with them, agreeably to our construction. Our from a lesson which I find in British parliament- own judicial tribunals constitute the department \[ ary history, and which was written their, I appointed to interpret our own laws. The act suppose, for my special benefit. of engaging men within the United States to leave ! When I had the honor to represent my coun- our territory, with a view to enlist into the. Brit- ij try abroad, my official conduct became the sub- ish army, when within the British dominions, i! jcct of animadversion of censure, rather in the is not denied; but we learn, from the President s ,- British House of Peers. I had, unfortunately message, that it has been urged, in defense of the ! for the good opinion of the English public, done act, that < f stringent instructions" were given so > what I could to counteract a scheme of their to conduct the affair, as not to violate our laws, j! Government, which, if successful, would have Well may the President express his surprise at : given to them the maritime supremacy of the such an excuse as this! Well may he ask, how j world. Upon thatoccasion, 1 was assailed by one could the British Government, with our law i who had held the highest office known to the statute as comprehensive as ours? I will not ij has been remarkable for his versatility, having performed many parts; but while he has been able in all, he has particularly excelled in vituper ation. In that high assemblage, Lord Brougham said, speaking of me, that "he had no more conception of questions of international law, than he had of the languages spoken in the moon." [Here, the record says, their lordships laughed, E leased, no doubt, with such a delicate, sarcastic it; but I trust, for the honor of the aristocracy, that it was not a hearty, Democratic laugh, but ; rather a gentle relaxation of high-born muscles.] Lord Brougham added, that " he (meaning my- | self) had no more capacity for argument, or rea son, than he had for understanding legal points and differences;" "that he was the very imper sonation of mob hostility to England;" and " that he pandered to a groveling, groundling set of Eoliticians," meaning the people of the United talcs. But the conduct of the English representative, so far as it affects the honor and interests of our country, is a proper subject of examination. ,j Whether he. acted with or without authority, is a question between himself and his Government. " if without it, his course was indefensible, and liis punishment should be exemplary. If with it, the greater is our cause of complaint, and the clearer right have we to expect reparation. The dismissal of a Minister is no cause of war. It has been often done. It is a measure, AVC have more than once taken, and England many times. On one occasion, she sent home a foreign embas- fiador under guard. Spain, fallen as she is from her former high estate, quite recently testified her dissatisfaction with a British Minister, by order ing him out of the country. 1 repeat, sir. this act of national sovereignty is no just cause of war; and if it be made the pretext for one, why so be it we will meet it as we may. The pros ecution and conviction of an English consular agent in a Prussian Court, for a similar offense, seems to have excited in England neither sur prise nor complaint. Both were reserved for us. He, who believes that England would have per mitted such a breach of her laws to pass unnoticed , under such circumstances, has read her history to little purpose. One of the recent arrivals from England has brought an article in the London Morning Herald , of December 20, 1855, which is not unworthy of notice in this connection. This article says that, notwithstanding the "bluster" here, no doubt but the foreign enlistment affair was a "plot," got up by tae "American press" at "the instance, it v/oufd seem, at all events, with the knowledge, of the American Secretary of State." The Herald asserts it was proposed to the Government through i Mr. Crampton,and not objected to. It also states j that, at the trial in Philadelphia, an attempt was j made to implicate Mr. Crampton, " too gross even | 1 or a Yankee court of justice." The Attorney j General is charged with "grossncss,"^" vulgar- i ity," " daring assertion," " inconclusiveness;" and certain members of the Government arc charged with laying " this plot to implicate our officials." Notwithstanding " struggles for notoriety, ma lignancy of tiic southern and the inextinguishable hatred of the Irish," and though " the Yankee may bluster and rave," the Herald predicts, that it will all end in nothing. Now, sir, this precious diatribe is only im portant, as an indication of the popular feeling in England . Here is one of the great London newspa pers, printed within sound of Bow-bells, abound ing in the most ridiculous specimens of nonsense and malignity, it is possible to compress within such a space, issued, and read, and believed, and enjoyed in the land of all the DECENCY. There is nothing too gross for the English palate, in rela tion to our country. I must confess, as a western man, who crossed the Ohio when a lad, and spent a large portion of his life contending with the ob stacles of a new country, and upon the very verge of civilization, that my self-love is a little wounded at the classification, by the writer in the Herald, of the people of the United States; recognizing none but Southerners, and Irishmen, and Yankees- thus ignoring the great West, with its six mil lions of people, exceeding in population more than half of the kingdoms of Europe. However, I console myself with the reflection, that we shall be heard of by-and-by, and that in the mean time, this ignorance is not strange in a region where, it is said, that wonder is often expressed at find ing, that an American is white, and speaks the English language. The same arrival, that brought the Morning Herald, brought also this most ac ceptable piece of information, that "the report which recently prevailed, that the United States had made a treaty with the Shah of Persia, guar antying the territory on the Persian Gulf, had proved" erroneous." Great relief this must have afforded in England ! " How little wisdom "said a Swedish statesman to his son "\Aoii little wisdom does it take to govern the world!" How little common sense, we may exclaim, is exhibited in Europe on the subjct of American affairs! We have had many difficulties with England, from the time she refused to sur^nder the^ west ern posts, under the treaty of peace of 1783, to this day; and I will not say all, but almost all, of them resulted from her conduct towards us, and were causes of complaint on our part. Why this never-ceasing injustice? Why seek, not only to injure, but to degrade us, in the eyes of the world? I have often sought the reason, and can only find it in hostility to our institutions, and jealousy of the advance, we have made in all the elements of power and prosperity, and still more at the wonderful career before us. Time brings no relaxation of this unfriendly feeling. It* brings professions enough, but little correspond- in"- action. And the operation of the feeling is as evident at this day, as at any former period of our intercourse. So far as we know, the conduct of the Ministry has called forth no token of public disapprobation. Mr. President, we had a short discussion the other day upon the subject of the oft-debated Monroe doctrine. I propose very briefly to re- examine it; and I shall do so with the more con fidence, because I have just refreshed my recol lection by a conversation with the person, who, of all living men, has the most right to speak authoritatively upon this matter. I refer to Mr. Rush, whose name is well and favorably known to the whole country, which he has served with honor and ability in various high capacities, at home and abroad, and who was our Minister in England, when this doctrine was first broached. I have already expreeeed the pleasure I felt at the progress this great American principle had made, and at the hold, it had obtained upon the public mind, and especially at the adhesion to it, which had been pronounced here by two able and dis tinguished Senators. It has grown in favor, rapidty but firmly; for the tenth year has not yet passed away, since I addressed the Senate upon the subject, and they refused even to refer it to the Committee on Foreign Relations for examin ation. Mr. Buchanan said well and truly, in one of his notes to Lord Clarendon, that, "when first announced, more than thirty years ago, it was hailed with enthusiastic approbation by the American people; and since that period, different Presidents of the United States have repeated it in their messages to Congress, and always with unmistakable indications of public approbation." When this subject was before us, in one of its almost periodical visits, some years since, I said: " Rut these resolutions, (resolutions recognizing the doctrine,) or equivalent ones, embodying the same principles, will pass the Legislature of the United States. Their passage is but a question of time. They may fail to-day, and they may fail again. Timidity, or imbecility, may overrule that firm sagacity which befits our condition. It is just as certain, that these principles themselves will be permanently engrafted into the American policy, and in the most imposing form, as that they are now engrafted in the hearts of the American people." What, sir, is the Monroe doctrine ? Let Mr. Monroe answer the question. In his annual message to Congress, in 1823, he announced his views upon two important subjects. They are as follows, and are to be found in different parts of the message: " 1. That it was impossible for the Allied Powers to extc.nd their political system to any part of America, without endangering our peace and happiness, and equally impossible, therefore, that we should behold such interference with in difference." " 2. That the occasion had been judged proper for asserting, as a principle, in which the rights and interests of the United States were involved, that the American continents, by the free and in dependent condition, which they had assumed and maintained, were henceforth not to be con sidered as subjects for future-colonization by any European Power." It is extraordinary, sir, that any one could sup pose, that these declarations had reference, only, to the peculiar position of the Spanish colonies. The first had, but the second was addressed to all nations, and was intended to operate during all time. It was the annunciation of -a new line of policy. On what was it founded? On the situation of our country, and of the various States of this continent, which demanded a system as Mr. Jefferson said, " separate and apart from that of Europe." For ages after the discovery, the colonies, planted in this hemisphere, were the mere appendages of the mother countries; used for the purposes of trade, and without the slight est view to the establishment of any enlarged pol icy for their prosperity or increase. They were useful in peace for the purposes of commerce; and in war, to aid in its prosecution. When the successful result of our Revolution established an independent power on this side of the Atlantic, it began to be perceived, that new interests had arisen, which would necessarily lead to great changes. And when the Spanish colonies took the same position, as sovereign States, it became evident, that the^time had arrived for some deci sive action upon the subject. It was impossible jj for the United States to permit, if they could ! prevent it, the recolonization of those countries, or the establishment of new colonies. They could not suffer a state of things, which would forever connect those vast regions with European Powers, making them parties to distant wars dynastic, ambitious, and what not in which they had no concern; and thus endangering cur safety and our interests placed as they were on our very bor ders, keeping us in perpetual alarm. The great code of public law is not a rigid, unbending one. It accommodates itself to the advancing condition of the world; of which power of adaptation many examples are on record, as in the case of the principle of the right of occupation, resulting from discovery, and the abrogation of the claim of dominion over what was called the narrow seas. Many other instances arc to be found, but I shall not stop to seek them. The question is well touched by Mr. Canning, who said to Mr. Rush: " It concerned the United State?, under aspects and in terests, as immediate and commanding, as it did or could any of the States of Europe. They were the first Power on that continent, and confessedly the leading Power. They were connected with Spanish America by their position, as with Europe by their .relations; and thoy also stood con nected with those new States by political relations. Was it possible they could see with indifference their fate de cided only by Europe? Could Europe expect such indiffer ence ? H ad not a new epoch arrived in the relative position of the United States towards Europe, which Europe must acknowledge? Were the great political and commercial interests, which hung upon the destinies of the new conti nent, to be canvassed and adjusted in this hemisphere, (Eu rope,) without the cooperation, or even knowledge, of the United States?" And to the same purport speaks Mr. Everett in one of the most admirable letters to be found in the whole history of diplomacy. He said, speaking of the influence of the United States: " But a new element of incalculable importance in ref erence to territorial arrangements is henceforth to be recog nized in America." This principle of European non-interference in the affairs of this continent has been advocated, and brought before Congress and the country, by three Presidents of the United States at different intervals, and under circumstances, calling for action. In Europe, such a HIIQ of policy might well be marked out by the executive authority, as that department of the Government possesses the power to enforce it, being vested with the right to make war. But here the Executive oc cupies a very different position, and he can estab lish authoritatively no such principle, without the cooperation of Congress. He may recommend, but the Legislature alone can sanction and en force his views. We ought, sir, years ago, by congressional interposition, to have made this system of policy an American system by a solemn declaration; and, if we had done so, we should have spared ourselves much trouble, and no little mortification. But we let the time pass by, with out appreciating our high responsibilities, leaving important interests to be the sport of circum stances. And why this indifference to a measure, | urged upon us by so many grave considerations? G The honorable Senator from New York [Mr. SEWARD] said, the other day, that this doctrine v. r as an abstraction, and had therefore found no favor with Congress. Sir, it was never an ab straction. There never was a moment, when its j res >lute confirmation by Congress would not jj have been of the highest importance to the honor, the interest, and the safety of our country. The ! itive confirmation would have been no more an abstract declaration, than the executive rec ommendation. Both the one and the other were demanded by the gravest considerations. No, jj sir, it was not the fear of abstractions, which in- |i terfercd between Congress and this good work. L It was some undefined apprehension, that, if we ii spoke the words, we must adhere to them; and !| that, if we adhered to them, they would be words of terrible import to our country. I am happy to believe, that timidity is giving way to a wise firmness. Mr. SEWARD. Will the honorable Senator allow me to ask him a question at this point by way of elucidating this matter? Mr. CASS. Certainly. Mr. SEWARD. I desire to avail myself of j the honorable Senator s recollection about the oc casion when the debate, to which he alludes, took place. Was there at that time before Congress a practical question of conflict, or apprehended con flict, in regard to any portion of the territory of Central America? 1 ask the question, because I have quite forgotten the occasion on which the debate to which he refers took place. Mr. CASS. I beg pardon; I referred to the honorable Senator s declaration on the introduc tion of the President s message. Mr. SEWARD. I spoke then of the reason why it failed upon the occasions when it had been brought forward, referring especially to an occa sion since I had been a member of this House, when the honorable Senator from Pvlichigan him self brought it forward, and I thought then it was presented without an occasion. Mr. CASS. Mr. President, so far as I know, the first attempt to procure the cooperation of the American Legislature in this doctrine was on its redeclaration by Mr. Polk. He certainly intro duced it in reference, to the then pending di ties in regard to Oregon. There was a plain, practical point. We refused to say a word, and, I repeat, we refused then even to take it (the subject) into consideration. On the other occa sion fo which the honorable Senator refers, there was a resolution, I think, introduced by myself; but I do not recollect, what particular hearing it had, except its general bearing, on the welfare, of the country. Mr. SEWARD. That is what I understood, \ and therefore 1 asked the question. Mr. CASQ. Tlie circumstances connected with j Mr. Monroe *s communication are well known, and i properly called for the consideration and action of j Congress; but it found neither. When Mr. Polk adopted and renewed the declaration, the Oregon controversy wa.s pending, and it was a peculiarly fitting occasion for a union of the legislative and executive powers, in order to bring this great work to its consummation. Still, nothing was done. And, now, this subject is again brought before us by another President, and with a view to its direct bearing upon the discussion, in which we find ourselves engaged with England. Some years since, as I have stated, the debate in the Senate was brought on by resolutions intro duced by myself, affirming the concurrence of Congress in the anti-colonial doctrine. It was fruitless in any useful result, and thus this Amer ican principle has been but a barren diet ;;.>/;, as Lord Clarendon calls it, and will never fructify until it receives the sanction of the Federal Legis lature. The honorable Senator from New Hampshire, [Mr. HALE,] in the remarks he made upon this subject a few days ago, referred to the \ i> -\\ s ex pressed by Mr. Calhoun, in the Senate, in relation to this doctrine, and maintained, that no general principle of action was laid down by Mr. Monroe, but that his efforts were limited to the preserva tion of the independent States of Spanish origin from the grasp of the Holy Alliance, as the union of various despotic powers to put down popular demonstrations was called. The unholy alliance would have been its proper designation. There is no doubt, sir, but that the threatening aspect of affairs in relation to these Spanish States, and the known project to bring them under the dominion of some Bourbon prince, was the. prominent cause, which led Mr. Monroe to inter pose upon that occasion. Circumstances do not create principles. They call them into action. Circumstances occurred, which directed the atten tion of the American Government to an approach ing crisis, and it then investigated, not only its line of action, but the ground upon which that ac tion could be justified, and the result was this well- known declaration. In our position, it is one of the great elements of our strength, and of our means of self-defense. It is perpetual, as well in its obligations, as in the security, it brings with it. It interfered with no existing rights, but looked to the future, with a view to guard that from danger. Mr. Monroe promulgated, what is known through the world as his doctrine the American doctrine of American self-preservation. It is now sought to degrade it to a mere temporary expe dient, living while the Holy Alliance lived, and dying with the death of that unprincipled league. Now, sir, Mr. Monroe is the best expositor of his own views. Hear him. In his annual mes- ;f 182-i, when the danger from the Holy Al liance had passed away, he said, renewing his iiuendation, that we had no concern with European wars, but " with regard to our neigh bors our situation is different. It is impo. for the Euro]- can Governments to interfere in their ally iii those alluded to, which are vital, without aiiecting us." Halt, sir, we have another witness to introduce, whom no American can hear without respect and gratitude, the writer of the Declaration of Indc- riiuvh of the Democratic faith, the statesman and patriot, second only to Wash ington in the estimation of his countrymen. Mr. Monroe, during his whole Presidency, was in the habit of the most confidential communication with Mr. Jefl erson upon all questions of serious concern. He consulted him upon this subject, and here follows the answer, dated October 24, 1823. Never were sentiments sounder in them selves, or more beautifully expressed: " The question presented by the letters you have sent me Is the most momentous, which has ever been offered to my contemplation, since that of Independence. That made us a nation ; this sets our compass, and points the course, which tve are to steer through the ocean of time. And never coukl we ombark on it under circumstances more auspicious. Our first and fundamental maxim should be, never to en- tiiiiL N 1 ourselves in the broils of Europe. Our second, never to suffer Europe to intermeddle with cis-Jiilantic affairs. America, North and South, has a set of interests, distinct from those of Europe, and peculiarly her own. She should, therefore, have a system of her own, separate and apart from that of Europe ; the last is laboring to become the dornicil of .despotism our endeavor should surely be to make our hemisphere that of freedom." And now there are those, who would mar the magnificent figure of Mr. Jefferson, by converting his ocean of time into a mere duck pond, and his fundamental maxim, never " to suffer Europe to intermeddle with cis-Atlantic affairs, into the his torical recollection of a temporary project to save our neighboring States from a blow aimed at that time .at their safety, and all danger from which passed away, as suddenly as it had arisen. And there is another voice from the tomb, which speaks the same confirmatory language, respect- in this doctrine the voice of one whose memory will live upon the pages of our history, and in the hearts of our countrymen, as long as true genius and elevated patriotism shall find admirers. In 1825, Mr. Clay, then Secretary of State, in a Jpttcr to Mr. Poinsett, says, "that the then President, Mr. Adams, who was Secretary of State when Mr. Monroe advanced his doctrine, coincides in both principles, (non-interference and anti-colonization ,) which were laid down after much and anxious deliberation on the part of the late Administration. The President, (Mr. Adams,) who then formed a part of it, continues to coin cide wj^h both, and you will urge upon the Gov ernment of Mexico the utility and expediency of asserting the same principles on all proper occa sions." It, is obviouTs, sir, that Mr. Calhoun was under a misapprehension in relation to the views of Mr. Monroe upon this subject. He himself stated, that his recollection of it was imperfect, and that it was so,isbeyoTid all contradiction. He con sidered that the " declaration of Mr. Monroe had reference to a specific case, (the Holy Alliance,) and stopped there." " Mr. Monroe," he added, " was a wise man, and had no design of burdening the country with a task it could not perform. He knew there was a broader declaration made by the gentleman, then Secretarjr of State, " &c. What Mr. Calhoun here alluded to, I profess my in ability to comprehend. No declaration could well be broader, than that^of Mr. Monroe; and what ever agency or advice ?Ir. Adams may have had, or given in the matter, its responsible paternity rests upon the Chief Magistrate. I have reason to believe, that Mr. Adams was anxious for the measure, though his precise share in it I do not know. Indeed, Mr. Clay, by his authority, as I have shown, avowed his concurrence in it. But, sir, those who knew Mr. Monroe well know that he was entitled to the character cf wisdom, here given to him by Mr. Calhoun He was a safe and sagacious statesman, cautious in his investi gations, looking narrowly into every question presenting itself, hearing all that could be said, and then deciding for himself, and adhering with unshaken firmness to his decisions. I knew him well, and hold him in remembrance as a true patriot and a pure one, and the worthy successor |1 of his personal and political friends, Jefferson I and Madison. The declaration of Mr. Monroe il contained the enunciation of a general principle, I arid its application to a particular case, while Mr. Calhoun has confined it to the latter, divesting it thus of all claim to the establishment of a great line of policy. It has been said here more than once, and I think, though I am not certain, that it was said by Mr. Calhoun, that the course of action of Mr. Monroe upon this subject, was the result of a suggestion made by Mr. Canning to Mr. Rush. This is another, among the many errors, which seem to have clustered around this whole matter. It is easy to show this. As early as July, 3823, Mr. Rush received from the Department of State a dispatch, contain ing the views of the President upon the Spanish- American question, corresponding, substantially, with the ground, subsequently taken in the mes sage. They were transmitted to him, not for any immediate diplomatic action, but to put him in possession of the opinions of the Government, as circumstances might arise, rendering it neces sary for him to be acquainted with them. Mr. Rush, I understand, had his first conversation with Mr. Canning, at the request of the latter, towards the end of August in that year; and his dispatches, announcing the result of that, and of other subsequent interviews, did not reach Wash ington until about the middle of November, just before the opening of Congress, as Mr. Rush says, in his interesting narrative of this diplomatic epi sode. Now, I have already read an extract of a letter from Mr. Jefferson to Mr. Monroe, dated October 23, 1823, by which it appears, that the President had communicated to the retired Patri arch his impressions, and probably his inten tions, in relation to this whole subject, which met, as we havc^seen, the most cordial approba tion; and I have no doubt but that a similar cor respondence, with a like approval, took place with Mr. Madison. It is obvious, that a course, involving such important principles, and fraught, it might be, with startling consequences, must have been some time under the consideration of a cautious statesman, like Mr. Monroe, before it could assume a shape, proper to be submitted for the opinion of Mr. Jefferson. It is clearly im possible, that the suggestions of Mr. Canning could have led to the establishment of this doc trine, or to its promulgation. Why, sir, it is a well-known historical fact, that when the massage of Mr. Monroe reached Europe, it excited a great sensation among the politicians, and nowhere a greater one than in England. Mr. Canning had proposed to Mr.Rush that the United States should take ground against the extension of the schemes of the Holy Alliance -to the Spanish-American States, and promised the cooperation of England. The proposition reached here, when, as we have seen, Mr. Monroe was about to submit his doctrine, to Congress. He accepted the suggestion of Mr. Canning, as to the particular case, which wag all the British Government wanted, but he also accompanied his action with a declaration of the principles, which he thought should guide his country thereafter. Now, sir, Mr. Canning did not partake of the mistake, which prevails here. He saw that the special interposition was tempo rary, but that the doctrine itself was perpetual. 8 I am informed by one who knows, that no man in Europe was more surprised than was Mr. Canning, when he found that the American Gov ernment had gone so far beyond his wishes and expectations. And we see, sir, to this day, that the point is perfectly understood in England; for Lord Clarendon, in his statement, said to Mr. Buchanan, but the other day, that the anti-colo nization declaration of Mr. Monroe was " but the dictum of the distinguished person, who declared it, but her Majesty s Government cannot admit that doctrine, as an international axiom, which ought to regulate the conduct of European States. " Here is no attempt to avoid the principle, nor is there any in the answer of Mr. Buchanan, who frankly avows his adhesion to the "dictum," and adds, with true American spirit, that " if the occasion required, he would cheerfully undertake the task of justifying tf?fe wisdom and sound policy of the Monroe doctrine, in reference to the nations of Europe, as well as those of the American Continent." I wish our Minister had been called upon to do this work. He would have done it well and conclusively, and in a manner, which. I doubt not, would have been satisfactory to his own countrymen, if not to European politicians, and which might have silenced objections at home.. Mr. Canning, sir, arrogated the credit of one great measure to himself, .to which he had no just claim. Let him not have the merit of an other, to which he advanced no pretensions. He said, in quite a grandiloquent vein, in the British House of Commons, that he had called the Span ish-American Republics into being, and his words fell with proud assent upon English cars. But, sir, the boast had no foundation. At the very time he made it, those Republics had achieved thoir own independence, and were beyond the reach of Spanish resubjugation, and that inde pendence had been formally acknowledged by the United States. I think 1 am correct in the state ment of this fact. Mr. SUMNER, (in his seat.) It is so. Mr. CASS. I believe, sir, that to Mr. Clay, more than to any other statesman, American or European, was due the entrance of those States into the family of nations. But, after all, sir, this inquiry into the origin of the Monroe doctrine has but a speculative inter est. To adopt an expression, familiar to the ears of Senators, it is well " to vindicate the truth of history," and to vindicate it upon this point; but tiiis great c.is-Atlantic principle does not now derive its strength from its origin or its author; it rests upon a surer foundation, upon the cordial concurrence of the American people, and is des tined to be a broad line upon the chart of their policy. One motive with some of us perhaps with many of us in the Senate, for supporting the Clayton-Bulwer treaty was, that, if carried out in good faith, it would peaceably do the work of the Monroe doctrine, and free an important portion of our continent from European interference. That it has so far signally failed is no fault on our side. Whether it is to be a triumph as well as a fault, on the other, will depend on the firmness and self-respect, which may direct and accompany our course. I am well aware, that, during the premiership of Lord Palmerston, an amicable ar rangement, or rather a fair fulfillment of the treaty, agreeably to its obvious import, and the avowed object of the parties, is an event hardly to be hoped for. I have nothing to say of that distin guished English statesman, incompatible with his own high position, or this high place, where cir cumstances have given to his views, to his tem perament perhaps, an importance rarely attached to a public man out of his own country. But he is not only the official head of the British admin istration; he is also its guiding spirit; and his probable course is no matter of indifference to the people of the United States. Some time since, sir, in this Chamber, I took occasion to say that, of all the active public men of England, I con sidered Lord Palmerston the most unfriendly to our country, and that his exertions would never be wanting in any effort to oppose us. This opin ion was received with some surprise, and a good deal of incredulity, but I believe his sentiments are now pretty well understood here, and nothing favorable is expected from him. Sir , he un doubt- cdly nourishes the strongest prejudices against our institutions, our progress, and our prospects; and there is hardly a well-informed American, returning from Europe, who will not confirm this i-epresentation. His observation to Mr. Castel- lon, the Nicaraguan Minister, is indicative, not only of his sentiments towards us, but of his estimate of our firmness. He said: " We have been disposed to treat the United States with so;ne degree of consideration; but, in reference to this question, it is a matter of total indillenMico to her Ma jesty s Government what ehe may say or do." Very complimentary, this, to our national pride. His lordship may yet be disappointed. From the beginning, he has been no friend of this treaty; nor do I believe it would have been formed, had he directed the Government at the time.* And I believe, now, sir, that these difficulties would be adjusted by an honest interpretation being put upon this convention, within oA month after the accession of a liberal statesman to the station now held by Lord Palmerston. Till that event takes place, it will be the dictate of true wisdom not to anticipate, though we will still hope for, an amicable arrangement but to take counsel from the duty we owe to ourselves. The treaty, from its commencement, has been set at naught ujym the most flimsy pretexts. /ft is evident that Lord Clarendon has adopted the views, and participates in the feelings of Lord Palmerston upon this whole subject, as also that the pretensions they have advanced will be tena ciously adhered to. For myself, I do not sro how they are to.be abandoned without self-stulti fication by tho se, who have thus far so strenu ously maintained them. The attempt to torture language to the accommodation of preconceived purposes was never more palpable than in this case. Let any one compare the able and frank opinion of Mr. Johnson, who was our Attorney General, when this treaty was negotiated, with the opinion given by the Gluecn s Advocate, the la\y officer of the British Government in its communi cation with other Powers, and he cannot but bo struck with the contrast. Before I sit down, 1 shall ask to have Mr. Johnson s opinion read at the Clerk s table. It is entitled to high commendation for its clearness and ability; and I am happy to have this opportunity of testifying my respect and regard for that able and accomplished gentleman. And what says the Queen s Advocate, that high 9 legal counselor? Why, that the treaty provides that neither party shall occupy, or fortify, tor colonize, or assume, or exercise any dominion [Mr. CLAYTON. iny dominion meaning ,any dominion whatever.] over Central America; yet that either party may, at its pleasure, send a fleet or army into any part of that vast region, if it abstains from occupying, or fortifying, or assuming, or exer cising dominon therein. Now, sir, all this, I repeat, is not less an insult to common sense, than to the position of our country before the world. It is equally in defiance of the spirit, and of the text of the arrangement. Here is a mutual convention, entered into, for the purpose of securing an im portant region from the control and influence of the contracting parties, professing to leave it to its own management and its own fate ; and now it is maintained that fleets and armies may invade that country, (I do not speak of a just war; that is without the treaty; but of armaments sent for protection, as it is called,) provided they exercise no dominion. I desire to know how a British army could encamp upon the soil of Nicaragua "with out occupation and the assumption of dominion ? They might not choose to interfere with the inter nal administration of the country; but that volun tary forbearance would not affect their power or influence in the slightest degree. You might as well say, that the Austrians exercise no dominion at Ancona, nor the French at Rome, because the local police at both places is left to do its own ungracious work. "Dominion," says the great English lexicographer, "is power;" and to con tend that an English army, with the panoply of icar, could traverse one of those feeble Central Ameri can States without power powerless indeed ! is to say that language has lost its force, and that conventions for the accommodation of national differences are but waste paper, to be read, as the purposes of interest or ambition may dictate. It was not difficult, it appears to me, to antici pate the present state of things. Certainly, I thought I foresaw it, and I predicted it three years ago. Lord "Clarendon kindly wrote a dispatch to Mr. Crampton, dated May 27, 1853, a gratu itous one for our benefit, designed upon its face for publication, in which he said: " As great mis conception appears to prevail, not only among the people of the United States, but also among persons placed in high and responsible situations in the governments of that country, respecting" the "engagements of Great Britan under tiie Ciay- ton-Buhver treaty," he thought it desirable to put it on its right footing. He does so by his conclu sions, fortified by the opinion of the dueen s Advocate, to which I have already referred, and which proves, that a weak country may be tra versed by an unresisted army exercising no power, and occupying no space; and that such a warlike expedition is the fair fulfillment of a treaty, which sought; with jealous vigilance, to exclude both parties from the exercise of any influence by one, which might be turned to the injury of the other. Lord Clarendon, in this letter to Mr. Crampton, went over the whole matter, and this was my con clusion as to the course of the British Government: * They will hold on to all their pretensions, and will not sacrifice their interest to our misconceptions. That is Lord Clarendon s term for our construc tion of the treaty." The fulfillment has come. I referred, a few days since, to the anxiety of the British Government to obtain an ascendency in the South American country, in order to con trol the great highway across the Isthmus, ren dered of incalculable importance by our acquisi tions upon the Pacific coast. Accident has brought to light a document confirmatory of these views. It is a letter from the British vice consul at Gre nada to Lord Palmerston, dated April 4, 1849, in which that functionary, speaking of the projects of citizens of the United States to establish a communication with, the Pacific by the route of the San Juan, says, that this, and other circumstances, had injured the British interests, and that the country " will be overrun by North American adventurers, unless an arrangement is made by negotiation for a protectorate and transit favor able to British interests," &c. But the gist of the correspondence is in the concluding paragraph, where the writer says: " The welfare of rny country, and desire of its obtaining tlic control of so desirable a spot in the commercial world, and tree it from the competition of aoad venturesome a race as. the North American.*, impel me to address your lord ship with such i reedoni." "VVe have here a key to the whole line of policy, which dictated, and yet dictates, the course of England. There was little necessity for the con sul to deprecate the displeasure of Lord Palmer ston. The proposition went, no doubt, to the head and heart of his lordship perhaps it was followed by promotion. The prospect that a route across the continent, bjr canal or railroad, would be undertaken and accomplished by our citizens, unquestionably led the British Govern ment, or such portion of it as favored the meas ure, to enter into this treaty, with a view to in sure a participation in the advantages. The par ties jointly agreed, in the words 1 have already quoted, that neither should " occupy or fortify, or assume, or exercise dominion over Central Amer ica, including Mosquito," &c. I observed, on a former occasion, that I could not conceive why the word " occupy" would not have fulfilled the intention of the parties, and why these pleonasms were introduced into the treaty, rendering it per haps doubtful, by overloading it with words. I arn now enabled to do justice to our negotiator, the honorable Senator from Delaware, [Mr. CLAY- TOV,] and from information not derived from him, and to say, that this redundancy of language was no fault of his; but that he was placed in a situ ation, which rendered it proper to yield thdugh inclined against it. Bat I must also make the amende honorable, and acknowledge, that, in my opinion, formed upon subsequent circumstances, whether the phrase ology of the treaty had been concise or prolix, the construction would have been a foregone con clusion, and just what it now is. We should have had the same prudential interpretation, which is hallowed in English diplomacy, and which, many years since, was applied to a treaty between Spain and England, in relation to this very region of country. This remarkable, or rather remark ably disgraceful, incident was alluded to the other day, but it will bear repetition as a useful lesson in the mazes of a tortuous policy. A treaty was concluded in 1783, between Spain and England, the sixth article of which provided 10 for the abandonment of the Mosquito country, as a portion of the " Continent Espagnol." There was a great reluctance on the part of the British Cabinet to this withdrawal, and, at the same time, a strong desire to terminate the pending war by the conclusion -of a treaty. The King was honestly inclined, and hesitated to give his assent. Mr. Fox, then one of the Ministers, undertook to remove his objections. He urged, that it was in their power to put their own inter- have debarred ourselves of the right of acquisi tion. It is an unequal arrangement, rendered such, by prudential considerations, producing apalpablo breach of faith . What are the complaints we prefer against England in relation to this treaty ? I will enu merate them as succinctly as I can: 1. We complain, as a general allegation, that constructions are put upon it so manifestly incon sistent with its purpose and language, that the prctation upon the words," Continent Espagnol," jj very assumption is felt by us to be an insult, and and to determine, upon prudential considerations, seen to be such by th (that is the term,) " whether the Mosquito shore | came under that description or not." And this | expedient prevailed: and, though Mr. Fox and ; his associates knew full well, to speak in plain j language, that they were cheating the Spaniards, ! who thought, as everybody else thinks, that the 5, " Spanish continent," meant that portion i the world. 2. But to come to specific statements, we further complain, that these constructions are destructive of the objects of the treaty. It is now said by Lord Clarendon, that this instrument is prospective in its operation. And so it- is. If it had but a retro active bearing, it would be but of little value. It necessarily operates in the future, like almost al national arrangements. But, by prospective oper ation, Lord Clarendon means that, in some most has no operation at all. words, oj of the American continent, yet the treaty was con cluded and ratified, and prudential considerations excluded The Kin _ hesitation, and considered the "circumstance a| tensions cxisu very untoward one." He might have truly qual- ! of its conclusion, and leaves them untouched by ified it by a much harsher epithet. I am under the impression , that the same prudential rule would led the Mosquito shore from its operation. | important particulars, it h ling, while he gave his consent, did so with He claims, that it passes over the British pre don. and considered the " circumstance a tensions existing in Central America at the time have been again applied, to retain the same Mos quito country, even if the words of the Clayton- Bulwer treaty had been less equivocal upon this point than they are, if that is possible. Mr. President, it is within the recollection of the Senate, that *ome two years since, I had a discussion with the Senator from Delaware upon this treaty, when I took exceptions to a portion of its phraseology, as well as to other circum stances, connected with it. I never doubted, nor did I ever express a doubt of, the patriotic pur pose of the Senator; and I renew an acknowledg ment I then made, that during the progress of the negotiation, he did me the honor to consult me, as well as other Senators, and that I warmly ap- provd his effort. Now, sir, I have nothing to say as to these past differences of opinion; they are gone by. While pending, they embraced questions relating to our internal affairs to the course and conduct of a functionary of our own. | But now we are drawn into a discussion with a j foreign Government, respecting the honest inter its provisions. We contend, that it embraces all the country named in it that is not expressly ex- cepted; and that its operation commences from the moment of its ratification; and that its obliga tions are perpetual. This claim, that the British possessions held at the ratification of the treaty were excepted from iis stipulations, is now heard for the first time, so far as I know, and so says Mr. Buchanan; and this very circumstance is a strong presumption, unfavorable to the assumption, especially consid ering the investigations the treaty hud uudcrgoire, and the many minds that had been at work upon it. Mr. Buchanan takes up thjs point, and dis cusses it with great force and clearness. Before the treaty was ratified, there was an act of the British Government, which is conclusive, as to their opinion upon this pretension. The treaty went to England, without any declaration, except ing the Honduras settlement from its operation. If the construction now contended for, under the term prospective operation, be the correct one, there \. of that settlement, British at that time, it would not be affected by no need of providing for the exclusion ttlement; because, being held by the pretation of the treaty, and the subterfuges I us the term advisedly by which it is sought to avoi its obligations. And I express my full concui . rcnce in the various points taken by the Senator il and required an express declaration, that it did from Delaware, and which he has supported with i not extend to their possessions a demand utterly that power of intellect and eloquence, which is i| inconsistent with this newly-discovered intorpre- known to the whole country, and wkh a full jj tation, that, being prospective, existing claims are knowledge of the subject, directed by an active I 1 - A *"*~ r *" "">- and enlightened patriotism. I have said, that the object of this treaty was to j keep the country from the occupation or influence of the two parties. So far as respects us, the j object has been accomplished; and the proof of that \ fact *s, that no complaint of a failure has been pre- ! ferred against us by our co-contractor. We have j not a foot of land in that region, nor the slightest j influence, except what results from a fair course i of policy; and we are disqualified from ever! making an acquisition in that quarter. Not so | ~ L wUh England? The advantage is altogether on i sufficiently indicative of the opinion, that all other her side." She retains all she "claimed, while we II portions of Central America came within the the arrangement. But the British Government returned the treaty, LcsLiiJiij i/icuiua protected from its provisions. And such, too, was the view of the dueen s Advocate, in tha opinion, to which I have already referred, who said, that the Assumption, which he understood had been maintained, that Great Britain had abandoned all dominion over the whole of Central America, was incorrect, at least in regard to the Belize and its dependencies. The Belize and its dependencies were, as the dueen s Advocate says, expressly excluded from the treaty by a declara tion, accompanying the act of ratification; and the least as regards the Belize, "is. expresson" at 11 treaty, and are not protected by this prospective discovery, operating upon existing claims. And Lord Clarendon himself, in his letter to Mr. Crampton, of May 27, 1853, places the exemp tion of the British possessions meaning the Be lize upon the declaration of the riegotititors, and not upon this recently -announced and prudential canon of interpretation. What is the language of the treaty upon this subject? That the parties shall not occupy Cen- tral America. How can this stipulation be com plied with, if one of them continues the occupa tion previously held? To occupy is to do just what the treaty prohibits. And what reason is given for this perversion of language, as plain as words permit? " Because," says Lord Claren don, " the treaty does not contain, in specific terras, a renunciation on the part of Great Brit ain." And in what principle of international law, or of common sense, or of common hon esty, does Lord Clarendon find his justification for such an assumption as this ? I know of none. If a nation, or an individual, contracts, to do an act, they contract the obligation to do all that that act fairly requires. A stipulation not to occupy necessarily includes within itself the duty of aban doning any pretension or possession, inconsistent that obligation. And if one individual con tract with another, that he will hold no posses sion in a given district, and that is the equiva lent expression in a private case for a national stipulation of non-occuplation, as no nation can retain a country without occupation, -such indi vidual would forfeit all claim to honesty, if he urged, as a reason for holding possession, that he meant he would not hold what he had not, but that what he had he would keep. Apply the same considerations to the position of England, and the discussion terminates itself. 3. The third article in our list of grievances is, the indefinite extension of the Belize settlement, antl the exercise of full, unlimited jurisdictton over it. This branch of the subject has been so fully presented both here, and by Mr. Buchanan in England, and with marked ability, that I shall pass AVer it, as rapidly as is consistent with its , clear understanding. The British Government has, for a century j and a half, held qualified possession of a small region, including the neighborhood of the Belize. , It was originally seized for the purpose of cutting j logwood; and after long and angry contests with j Spain, the latter Power finally recognized the right to hold it for that object alone. So jealous was the Spanish Government, that it insisted j upon the most stringent provisions; that thei-e should be no armed force, no fortress, no agricul ture; expressly providing, that the natural fruits of the soil should be its only produce, to be used as food, and that there should be no manufac tories, but mills for sawing the mahogany into boards. And there are two acts of the British of Great Britain over that region are wholly dis regarded, and she has fortified it, and cultivates it, and. exercises as full dominion over it, as over any other part of her territories. She does not merely hold the usufruct and that confined to the log wood trade but the country is exclusively hers, for all the purposes of peace and war. It is a per manent position on the great Bay of Honduras. And besides this change of tenure, and the con version of a limited right into an absolute proprie torship, Great Britain has greatly enlarged the extent of the settlement beyond the boundaries assigned to it, to the injury of the State of Gua temala, to which the invaded country belongs, as successor to the rights and possessions of Spain. The most remote southern limit of this settle ment, ever recognized by Spain, was the Siboon river, I suppose twelve or fourteen miles from the Belize; but the British have extended it to the Sar- stoon river, one hundred and fifty or two hundred miles still further south, and as clearty in the State of Guatemala as the James river is in Virginia. Some maps represent her encroachments as having reached the Golfo Dolce, still further down the coast. And this progressive invasion has been commit ted, without the slightest title of right or author ity committed by" the strong hand, and main tained by it. Lord Clarendon, in his discussion with Mr. Buchanan, claims this region " by right of conquest." But when it was conquered, and when ceded, he fails to tell us. The fact is, it has been gained by successive acts of encroach ment, sometimes individual and sometimes colo nial, of which, till now, the British Government has not publicly claimed the benefit. These, now, constitute this "right of conquest." I have charge delivered, not long Parliament, passed in 1817 and, 1819, * * - i" r i confirming and recognizing this very limited jurisdiction. They declared that the settlement at the Bay of Honduras was " a settlement for certain purposes, in the possession, and under the protection, of his Majesty, but not within the territory and domin ions of his Majesty," &c. Now, sir, all these limitations upon the power before me a charge delivered, not long since, by Chief Justice Temple, to a grand jury at the Belize. He seemed to consider it necessary to explain by what right the authorities exercised jurisdiction over the country between the Siboon and the Sarstoon rivers; and said " it was neither by grant nor conquest, but by occupation." Occupation is a title resting upon discovery, and is applied to a region, which had belonged to Spain, or her emancipated colony, since the second voyage of Columbus. Doctors often disagree as j to a cure for the patient, but seldom more point edly than in this case. 4. We object to the occupation of Roatan,and the cluster of islands in its neighborhood, in the Bay of Honduras, and consider it a palpable violation of the treaty. And in the very face of that treaty, and after its ratification, a colonial Government was established there, called the Colony of the Bay Islands, in contempt of the stipulation, that neither party should colonize. What are the facts in relation to this aggres sion for it is undeniably such and what are the objections to the claim? 1. Roatan is said by Lord Clarendon to be one of the group of islands excepted in the note to the treaty, and described as " the small islands in the neighborhood of the Belize settlement, and known as its dependencies." Now, there is a cluster of islands islets, rather about three leagues from the Siboon river, which are depend encies of the Belize, and are beyond all doubt the objects of this provision in the note; while Roatan 12 is a large, important island, four or five hundred miles from the Belize. A cause must be weak, in deed, which depends upon such support. Roatan is only some thirty miles from the coast of Hon duras, and belongs to it by as just a title, as Long Island belongs to New York. 2. Anotherground of claim to Roatan is founded on the allegation, that by some maps it is in the West Indies. I do not see, that Lord Clarendon has assumed this position, but others have. I state it only to show, that if a political measure is determined on, reasons will never be wanting for its defense. This geographical elasticity, if it goes on, may rob us of our good old island of Nantuckct, making it tropical for British pur poses, though not for those of nature. 3. One of the British-^ titles to Roatan is a title by right of occupation; and it is thus stated by Lord Clarendon: " Whenever Roatan has been permanently occupied, either in remote or recent Times, by anything more than a military iruard and flagstaff, the occupation has been by Uritish subjects." How cautiously is this worded, as the foxmda- tion of such a claim ! When the island has been occupied, formerly or latterly, it has been by Brit ish subjects ! Then, according to this statement, the occupation has been interrupted, and no per manent possession held until the English seized it; and yet a Central American garrison is con ceded to have been stationed there; and we know that the island was wrested from it by force. But still more extraordinary is the succeeding declaration: " It has been, without the instigation of the British Gov ernment, of late years, spontaneously occupied by British subjects." Spontaneous occupation is a new title in Eng lish colonial history. Had the British Govern ment the slightest faith in its title, there would have been no spontaneous action, but an authorized possession of one of the most important positions in Central America. English subjects, according to an English Minister, seized a district belonging, by all the recognized principles of discovery, to Spain and her emancipated colonies, and the Gov ernment steps in and takes advantage of the illegal act. Apply such a case to us, and what horror would be excited in England ? What would she say if we permitted our citizens to wander through the world, occupying regions at their pleasure, where they could gain foothold, and then should step in and convert their spontaneous occupation into our sovereignty? and especially should we do so at this time in Central Ai In such an event, language would fail me to describe her virtuous indignation. But what are the prominent facts connected with this occupation? In brief, they are these: In the year 1804, Colonel Henderson, the British commandant at the Belize, who was sent to examine this island, reported that it belonged to Spain. In 1820, it was seized by a British force, and abandoned on the remonstrances of the Cen tral American Government, which was then united and strong. In 1841, it was again seized after that Government was dissolved, and when Hon duras was feeble, and in a time of profound peace , without urging the slightest pretense, so far as appears: a mere act of piracy, to call things by their true names. These five-Islands, as I have already said, now constitute a British colony, organized since the ratification of this treaty. They are a most val uable possession, the principal of them, Roatan, being a highly important naval station, abound ing with excellent harbors, easily fortified, and affording the means of commanding the great Bay of Honduras, and the communication along the coast of Central America. And their adaptation to these purposes constitutes at once their value to England, and the motive for the tenacity, with which she holds on to them, her solemn stipula tions to the contrary notwithstanding. I am glad to sec, that the purpose has not escaped the saga city of our Government, nor the knowledge of it, its avowal. Mr. Marcy speaks upon this subject with a frankness, which becomes his position and responsibility. He says, in a letter to Mr. Bu chanan of June 12, 1854: ; Roatan can only be desirable to Great Britain as a naval and military station, and for that purpose only, as it would gi\v her great facility in affecting injuriously our interests. Should she refuse to acknowledge it as a part of the Stata of Honduras, and retain possession of it herself, the United States would clearly understand her object. A predeterm ination to interfere with our affairs thus manifested, will render the continuance of our amicable relations with her precarious." Roatan is to become the Gibraltar of those seas, and, like that celebrated fortress, like the Capo of Good Hope, and Aden, and Singapore, it is destined by English policy to overlook, and, when the time comes, tg control the commerce of the world. No man can fail to admire the judg ment and precaution with which these and other stations have been selected, girding the globe with seats of power places, at once, of attack and refuge and especially their establishment upon great lines of communication, and where the flag of every maritime nation must pass before their doors. No Power is more interested in all this than we are; and that interest is tenfold increased by our acquisitions upon the Pacific, and by the necessity of an unbroken communication with them. We want no lion in our path, watching, in his lair, till he is ready to spring; but this is just what England wants, ay, and will l^ve, if we do not bring both vigilance and firmness to the task before us. 5. Our fifth and last principal ground of com plaint is the conduct and pretensions of England with respect to the Mosquito country and pro tectorate. The treaty recognizes the existence of no such relation with that region. This is con ceded by Lord Clarendon, who adds, however, that the treaty does recognize the right of both the United States and England to afford protection to the Central American States, including Mos quito. This phraseology is too indeterminate. The allusion in the convention to this important matter is a mere incidental one. It is, that neither party shall make use of any protection it may afford to either of the said States, for any pur pose inconsistent with the treaty. I think now, as I thought at first, that the introduction of this provision was unfortunate; and I should feel obliged to the Senator from Vermont, [Mr. COL- LAMER,] who was a member of General Taylor s Cabinet, at the time this subject was pending, if he will state to the Senate the reasons for iti introduction. 13 [Here Mr. COL LAMER stated, that, owing to his peculiar aversion to war, as a means of ad justing national controversies, and seeing that an endeavor was to be made by this treaty to " guar anty the neutrality of some part of God s earth, in peace and war, he felt particularly interested in the subject," and therefore turned his attention to the negotiations. He further stated, that the* first projSt of the treaty contained no stipulation as to protection. In considering the matter in the Cabinet, such a clause was deemed necessary, in consequence of the disclaimer, made by Lord Palmcrston to Mr. Lawrence, of any intention to occupy the Mos quito country, though " at that very time (said Mr. C.) they were occupying the whole extent of country which I have mentioned. " It will thus be seen (continued Mr. C.) that Great Britain told us she did not intend to occupy or colonize any part of Central America, when she was actually occupying it," &c. It was, therefore, feared, looking to the British connec tion with the Mosquitoes for two hundred years, that, if some such provision were not made, Great Britain " might fall back on the word occupy, and might really occupy the country under the pretense of not doing so in her own right." A man may occupy land in his own right, or in the right and as tenant of another. " It was for the purpose of putting an abnegation of the resort to any such pretense, that the last words of the first article, relating to protection, were inscribed in the treaty."] Mr. CASS. Mr. President, I tender my ac knowledgments to the honorable Senator for his clear exposition, which satisfactorily shows the reasons, that influenced the Cabinet of General Taylor in this transaction. That explanation presents the subject in an aspect, which is new to me, and certainly suggests better reasons for the adoption of this course, than I had anticipated, though I still think the treaty would have been safer without thi.s clause. I appreciate the reluctance of the Senator to de bate this subject. It is no pleasant task. As he well intimates, it demands strong reprobation, in strong language. I believe I have not, certainly I have not intended, toemploy expressions, which do not fairly belong*to the circumstances. I rec ollect, some years since, that Lord John Russell, in the British House of Commons, called Mr. Folk s Oregon message a " blustering display" I think that was the term. His lordship s dis play was an unfortunate one, for there was noth ing to warrant the aspersion. But there are pre tensions so grossly unjust, that no mild epithets befit their character. One of these we are dealing with to-day. Lord Clarendon, in a dispatch to Mr. Cramp- ton, connects the Mosquito protectorate with the honor of England, and distinctly avows that he has no intention to abandon it. He, indeed, tells Mr. Buchanan that the Government " did intend to reduce and limit that right." Mr. Buchanan s retort is a very happy one. He intimates that some proof of this design, more substantial than the mere declaration, might remove this subject from the controversy. It is not denied, on the part of England, that it must be exercised with out bringing with it occupation, or fortification, or colonization, or dominion. Now, sir, what is this protectorate, which can not be abandoned without leaving a dishonorable stain upon the English escutcheon ? How has it been exercised, and what good has it done ? I need not go over the historical narrative, showing the unjustifiable progress of this assumption of supremacy over these Indians. The story ha^s been often told, and the interference itself has been the principal cause of more than one war between Spain and England. It reduced these Indians, or if it has not actually done that it has aided in reducing them from a numerous band of high-spirited aborigines to a miserable rem nant of a few hundreds I believe not more than five hundred north of the San Juan and the de cadence has not been less rapid or visible in their moral and physical condition, than in their power and numbers. All accounts represent them as in the lowest state of wretchedness., " Degraded," as Mr.tBuchahah says, " even below the common Indian standard" they can hardly sink lower. And the contemptible exhibition of King crown ing lias been enacted at Jamaica, as well as in the Mosquito country, by British officers of the high est authority; and the head of a drunken savage chief has been encircled with a tinsel royal dia dem, and he has been hailed as one of the sov ereigns of the earth. And the title is in happy I coincidence with the farce, and must have sounded uphoniously to English ears, when the trumpets I blew and I suppose they did, as in the olden time and the people cried, GOD SAVE THE KING OF THE MOSQUITOES ! Lord Palmcrston seems to have held a very different estimate of the powers of this monarch, and of the condition of his monarchy, at different times, or, at any rate, to have avowed one. He said, in a letter dated July 16, 1849, to the Min ister of Nkaragua, that " the King of the Mos quitoes had, from an early period of history, been the independent (!) ruler of a separate territory." " E converso," he said to Mr. Rives, " they have what is called a King, but who, by-the-by, is as much a King as you or I." What a jewel is consistency ! Lord John Russell and Lord Palm- erston both denominated this pretension a fiction. It is so, and a gross one, too. I might, indeed, characterize it by a stronger epithet. But, like other members of the same imaginative family, it is undergoing a metamorphosis which is rapidly converting it into grave fact, which, if not now met and resisted, will mark its place in history as having exercised a controlling influence upon the fate of those wide-spread regions. The world is looking on, and doubtless with interest watch ing the course of the disputants, and, regarding the cause of the struggle as an experiment, won dering whether British presumption or American forbearance can be carried furthest or continued longest. While a British Secretary of State is lending his sanction to such an unworthy trans action, referring to the anointing process as one of the foundations of the British claim, in a com munication with an American representative. Lord Clarendon calls the present chief " a decent, well-behaved youth." He may be so; but if ha is, he does not derive his virtues, as he does hi: realm, from hereditary descent, for Lord Claren- 14 don further says: " his late Majesty, his father, worth the while longer to keep up the shallow disguise of was a bad fellow. " He was a worthless, drunken Mosquito authority. savage; all accounts agree in that. Lord Claren don "said, inadvertently I should think, with purposed frankness it may be, that the present monarch lives in the family of Mr. Green, the consul, denying at the same lime the exercise of any British power over the region by means of the royal protege. He adds, however, " that This will be found on the 135th page of Exec utive Document, No. 75, of the first session of the Thirty-First Conuv Mr. SUMNER. What is the date of the letter? Mr. CLAYTON. July 10, 1849. Ag.ihi: on page 138 of the same document, there is a men of one of these grants, signed by her Eritan- the consul may~be often called upon to give his ji nic Majesty s vice consul, James Green; and a advice or opinion to the Mosquito Government." || statement of sums of money paid for a survey Well, sir, this is cool, if not satisfactory. And !| of the land by Robert Woods, surveyor, an Eng- has Lord Clarendon so low an estimate of man- illishman. Mr. Marcy instructs Mr. Bu kind, as to suppose that a single man, either in |j that there is really no Mosquito Government. It his country or in ours, can be found, who can be j deceived by such representations? It is making a liuivy demand upon human credulity. Here is an immense extent of sea-coast more than is as he says, merely a British Govrnn Mr. CASS. Now, sir, I have neither time nor patience to examine and expose this ground, as sumed by Lord Clarendon. That the wh<il<> of five hundred miles held by the British Govern- j the Mosquito country is just as much under the ment, upon this weakest of all pretenses. Thus ] subjection of England, as the Island of Jr,-. held to-day, but to be held to-morrow in full sov- j is as obvious, as the most palpable fact which is ereignty by the right of possession, andfif need j now passing before the world. be, by the application of power. And all this, A few days ago, sir, when this subject wa3 while the wax is hardly dry upon a treaty, whose I before the Senate, I recalled somp reminiscences .0 spirit is incompatible with even the exercise j connected with English philanthropic pro: - whole spirit is incompa of influence for political purposes by one t which might, as I have already said, injuriously party, lously !V_ V/lIiI- V^LL-U. VVitJ.1 J-UI I^IiCil [7iillC4il till UkUO 1. 1 1 UiCtioiU lift of regard for the Indians, of which we have j heard so much in this country; an;l upon that aff.-ct the other in that magnificent region. I occasion, I appealed to the honorable Senator But, after all, Lord Clarendon makes the follow- from Kentucky [Mr. CRITTENDEN] as a v. ing striking admission and a strange one it is, I! of the truth of my assertions. I renew the ap- considering his general propositions and preten- peal to-day, because I know him to be a coinpe- sions. He says, though Great Britain never held ! tent one, both traditional and personal ; for having possession of the Mosquito coast, yet "she 1 undoubtedly exercises a great and powerful in fluence over it as protector of the Musquito king." Who knows, but that this relation may hereafter assume a position in the English heraldic college, and as the sovereign is the DEFENDER OF THE FAITH, the protectorship of the Musquitoes may take its place alongside the boasted motto of the pious Henry VIII. I desire to ask the honorable Senator from Del aware, if this professed abstinence from interfer ence has been observed, and whether the British consul has not issued grants of land, without ref erence to the authority of the Mosquito King? been born and lived all his life on the DARK AND BLOODY GROUND of Kentucky, as it was called by the Indians, he early heard the tales of horror, which Indian barbarities, urged on by British agents, brought upon that country; and I saw him stand up in battle against a combined Chris tian and barbarian army, where the red man had been subsidized to fight the warfare of the white man. He knew the country knows, indeed that these allies, as they were called by the British commissioners at Ghent, were purchased by a lavish distribution of money, and presents, and whisky, and by the hopes of gaining Indian tro phies in the form of human scalps, to be reaped Mr. CLAYTON. " Yes, sir- he undoubtedly ;| m a bloody harvest on our frontiers. Ti- If the Senator will refer to a letter of things was nevermore eloquently has done so. of our Minister in Central America, of the 10th day of July, 1849, addressed to this Government, he will see there that the Minister states that fact ! distinctly. He says: " Since the seizure of this port by the English, the muni- J cipal and other regulations have been dictated by the i .nu- lish authorities, at the head of which stands her Britannic Majesty s consul general, Mr. W. D. Christy. He has taken up his residence here, and assumed the entire con- | trol of alfairs. No written laws or regulations have bei ,i promulgated ; and this gentleman is, tie facto, a dictator, his j will being the law, beyond which there is no :>;>p:-nl. He lias meil-- him. " If extremely obnoxious to the inhabitants, ; without exception, and his arbitrary conduct is the .- of complaint on every hand. I! is sole adherents are half a do/. -:i officials, one of whom is vice consul, another harbor- ma-KT, others policemen, &c. Although the: so railed Mosquito flag is flying, yet, apart from this, tb.ore seem-: to. be no deference to IMosijuito authority on the pftrtof the consul-general, lie has taken upon himself to disregard all Ica-^-s and grants of land made by the Nicaragi! thoritics before the English conquest, and a suisies to sell t :c nine, not as the ayent of the Mosquito King, but as her Britamric Majesty s vice consul. " This assumption may not be deemed of much import ance, but it will tend to show that here it is hardly deemed or fr depicted than by Fisher Ames, in Jan addivw.s in the House of Representative^, remarkable in our oratorical history for its beauty. It took place during the administration of General Washing ton, on a resolution that it was expedient, to make appropriations for carrying into effect the trrnty with Great Britain. The consequences of the failure to do so formed the principal topic of Mr. Ames s remarks; and amoijg these the Indian hos tilities, to which we should be exposed by English influence over the Indians, were the most promi nent. His thrilling accents yet almost ring in my cars. The eloquent speaker said: " On this theme my cmoi.ums arc unutterable. If J conld find words Cor them, if my powers bore any proportion to my v.eal, I would swell my voice to i-nrh a note of remon strance. it should reach every log-house beyond the mount ains. 1 would say to the inhabitants, wake from your false security; your cruel dangers, your appri soon to be renewed ! The wounds, yet unhealed, are to bo torn open again, in the day time, your path through the woods will he ambushed ; the darkness of midnight will "litter with the blaze of your dwellings. You are a father the blood of your sous shall fatten jour cora-fioids. You are a 15 mother the war-hoop sliall wake the sleep of the cra- dle." I look with a feeling of loathing upon this interference of one civilized nation with savage tribes living out of its territory, and within the dominions of another Powejr. And the feeling reaches indignation, when the measure is cloaked by hollow professions of philanthropy, while, in fact, it is dictated by the purposes of power. Our experience has been a long and costly one; and I do not believe, that there has since been any ckange in this system of political ethics, which accelerated the downfall of our Indians, and which is producing a similar fate upon the coast of Central America. May our aboriginal inhab- tants be everywhere delivered from the protection of su*i a protector ! Let us survey this matter of the treaty from another point of view. A change of position often fives increased interest to the same landscape, uppose an arrangement like this had been entered into between the French and English Govern- Rlents, for the purpose of securing a transit across the isthmus of Suez, and a safe communication through* the Red sea, for both parties, to the rich regions of eastern Asia. And suppose the French Government had endeavored, under the claim of I article. The object of this was still more especially to dis arm the Mosquito protectorate of Great Britain in "Central America. My own opinion was then, and it now is, that tin > pro vision was not at ail neees.-ary. You thought as i did ; but as it could not possibly weaken the force "or effect of the preceding words, and, if effective at all, could only serve to render them more forcible and operative ; we did not object to its insertion. If the former words prohibited, as they clearly did of themselves, the doing any of the particular acts specified, an express stipulation, that such acts should not be done, by or under cover of protectorates or alliances, could only operate still more effectively and absolutely to prohibit them. As one of the advisers of the President, I | unhesitatingly gave him my opinion, that the treaty did effectually, to all intents and purposes, disarm the British I protectorate in Central America and the Mosquito coast, i although it did not abolish the protectorate in terms, nor j was it thought advisable to do so, " in ipsisttimis vcrbis." All that flras desired by us \va?, to extinguish British domin ion over that country, whether held directly or indirectly whether claimed by Great Britain in her own rigl t or in the right of the Indians. But our Government had no j live and no desire to prevent Great Britain f:;.m prevent Great Britain fi <-.m performing any of the duties which charity or compassion for a fallen race might dictate to her, or to deprive ourselves of the power to interfere to the same extent in the cause of hu manity. We never designed to do anything which could enable the enemies of this miserable remnant of Indians to butcher or starve them ; and we thought that both Great Britain and the United States owed it to their high charac ter for civilization and humanity, to interfere so far in their behalf as to prevent the extirpation of the race, or the cx- j pulsion of them from the lands they occupied, without protection, and by means of money that key to j j extinguishing, by a reasonable Indemnity, the Indian title the heart of an Arab to gain an ascendency over j j Joth by 1 ? he En*foh S " some of the Ishmaelitc tribes on the eastern coast of the Red sea, with Consuls to board and lodge the chiefs, and to give " them advice and opinion" those arc the words upon all important affairs; ! I say, supposing all this, what would be the course I of the British Government ? And the question becomes still more emphatic, if to these supposi tions we join another, that the French should add insult to injury by offering such reasons no, not reasons, but such pretexts for their want of faith, *s arc coolly presented and ur^ed for our satis faction and acquiescence. I will not pursue the inquiry; it cannot be necessary. The answer may be read in the history of England, and he who seeks it there can find it. I now renew the request that the letter of Mr. Johnson may be read . The Secretary read the letter, as follows: WASHINGTON, Deccmler 3t), 1853. MY DF.A.R SIR: 1 cannot hesitate to comply with your I Dotii oy I (and the treaty contains everything for that purpose that 1 couid be desired) to prevail t the British Government from using any armed force, without our consent, within thp prohibited region, under pretext or cover of h:r pretended protectorate. And when ROW reviewing what was done, I say, upon my responsibility as a lawyer, and u* the leal adviser of the President at the time, that, in uw judgment, human language could not be more properly and admirably selected for the purpose, than that which you employed when you signed the treaty. It has been said, but I can hardly accredit it, that Great Britain now contends, in virtue of the phraseology of the , last part of the first article, incidentally speaking of the protection which either party may use, that the treaty ac- i knowledges the protectorate over the Indians. If so, it | j equally acknowledges our protectorate over the same In dians, or over Nicaragua, or any State which we may choose to protect. The same words apply to both parties, and it is a bad rule that docs not work equally for both. The moment Great Britain threatens, with arms," to defend tha Indians, and claims a right to do so in virtue of the treaty, we may claim, by the same instrument, with equal justice, the right to take arms in defense of Honduras and Nicar- j agua. But, in my judgment, the treaty, which was meant for peaceful purposes, denies both to Great Britain and the rrquot, to give you ray opinion oh the construction of the j | United States tha right to interfere, by force of amis for treaty of Washington, of the 19th of April, 1850. Pending I any such purpose, or for any other purposes, except by mu- Uie negotiation of this treaty, I exerted myself, in personal ! tunl consent. If Great Britain may send an army in with Si* Henry L. Bulwer, to bring about an ! i Nicaragua to defend the Indians without violating the treaty. twflfin vnn ami him : ami. nn B PVPI .ironon i w hi c h binds her not to occupy that country, thn, by the same rule of construction, she may also foVtiiy the whole of Central America, or introduce a colony there under the same pretext. Anv adverse possession of Great Britain in Central America, without our consent, is an occupation in violation of her national faith. The construction which would allow her to place an .trine d soldiery on the territory, for the purpose of protecting the Indians, would also allow her to assume absolute dominion therefor the same pur- agreement between you and him ; and, on several oceasions, I had the honor to be consulted by you both; particularly in reference to the declarations made on both bides, at or about the time of the exchange of ratifications. In the first draft of the first article of the treaty presented oy you for the consideration of the President, the contract- i in 2 parties were obligated not " to occupy, or fortify, or colo- I ni;;c, or assume or exorcise any dominion over Nicaragua, I "osta Rica, the Mosquito coast, or any part of Central Am;-rie;i." I thought then, as you did, that these words ] pose, and thus annul the whole treaty. \yyiv ; : uhK-;entto exclude any nation disposed to observe]! But it may be said that some other nation IJIP.V invade Central America, and that this construction would d< privr both the contracting parties of the power to defend it. Not at all. Both p-irtics have bound themselves to protect the canal, and all the canals and all th% railroads that can be made, not only in Central Anerica, but in any part of the Isthmus which separates North from South America. In virtue of this obligation, it would be the duty of both to resist, by the most effective means in their power, ail hiva- rtie faith of treaties from occupying, fortifying, colonizing, j Central America, and that this construction won ,} dM>ri" p .linger exercising any dominion, under any pretext, i "- * u " - or for any purpose. I still think so; but I remember well that other gentlemen, who were consulted at the time, de- sir ..(, from abundant caution, that Great Britain should pledge hesvelf not to make use of any protection which she ! :u:u:-, od or might afford, or any alliance which she had or i , 7 e, to or with any State or people, for the purpose ! of occupying, fortifying, or colonizing, or of assuming or i sions and other acts hostile to their great and philanthropic exercising dominion over that country; and, in consequence, I common purpose. So, too, injuries or torts ir-flicteVl either the provision to that effect was introduced as a part of that i by the Indians, or by any Central American State, uuon 16 either American citizens or British subjects, may be pun ished by thfjr respective Governments without violating th etreaty : and no one of these States, by means of a con vention, which is marked in every line by a devotion to the true principles of commerce, civilization, and equal justice to all men, can escape punishment for her injustice or op pression. This treaty is the first instance, within my knowl edge, in which two great nations of the earth have thus endeavored to combine, peacefully, for the prosecution and accomplishment of an object which, when completed, must advance the happiness and prosperity of all men; audit would he a matter of deep regret, if the philanthropic and noble objects of the negotiators should now be defeated by petty cavils and special pleading on either side of the At lantic. AK to the declaration of Sir Henry L. Bulwer, and the counter-declaration made by you at the time of the ex change of the ratifications, 1 probably had a better oppor tunity of understanding the views and objects of both of you, than any other. I assisted, by your request, in the arra n" phraseology of the counter-declaration, d:if< ( the -III: of .luly, Is /J, to Sir Henry L. Dulwer s dec laration of the Sflth of June. By your request, also, I ex aminer! Sir . , nry L. I silwi r s powers, and conversed with iml luJly, n;i the whole subject, at the wry mo- laration, you threat en, d to br ;ik off the whole negotiation. I remember \vefl, that, after his declaration w:i> received, there \va ;; perl <! when you had resolved to abandon the treaty in consequence of it; but. when Sir Henry consented to receive your counter-declaration of the 4th of July, in which you expressly limited the term, " Her Majesty s set tlement at Honduras," to that country which is known as British Honduras, as contradistinguished or distinct from the State of Honduras, and also confined the word " do- j"ndfj:c:; s" in his declaration to those, "small islands" hnsi -n at the time to be swcA; in which, also, while ad- initting Belize, or British Honduras, not to be included in the treaty, you disavowed all purpose of admitting any Uriti-h title even there; in which, too, you declared that the, treaty did include "all the Central American States within tiieir just limits and proper dependencies," and in which you expressly stated to him tiiat no alteration could be made in the treaty without the consent of the Senate, and that he was understood as not even proposing any such alteration ; you then consented to exchange upon that counter-declaration, Which, in your judgment, and in mine, too, completely annulled every pretext for a that the declarations of the negotiators had altered the con vention, or fixed an interpretation upon it contrary to the meaning of the President and Senate. We both conMd- ered then, and, as a jurist, I now hold it to be perfectly clear, that, the exchange of the ratifications on that coun ter-declaration was, on the part of the British Minister, a complete waiver of every objection that could be taken to any statement contained in it. In point of law, the declarations of the negotiator?, not submitted to the Senate, were of no validity, and could riot nfle.ct the treaty. Both understood that. Tiiis Government had decided that question in the case of the Mexican pro tocol, and the British Government was officially informed of tiieir decision. The very power to exchange ratifica tions gave tiiun the same information, and ii i:< absolutely Impossible that the British Minister could have been de ceived on that subject. I remember well, that you steadily refused every effort on tin: [Virt of Sir Henry, to induce you to Mosquito ti .le. The treaty left us at lib the l.iii:.- of Nicaragua, or any other Centra! American Staff, and left the Krirish Government the ri&t to recognize the title of the Mosquito King. Ou these points the parties agreed to disagree. But the right to recognize is a very different affair from the right to compel others to recognize. The Bruish protrrtoraie vras, I repeat, entirely dfc by thn treaty. How is it possible for Great Britain to pro- tret, if sh.: cannot " occupy, or fortify, or assume any do minion whatever * in any part of the territory? She i* equally prohibited, in my opinion, from occupying for the purpose of protection, or protecting for the purpose of oc cupation, if she observes the treaty, her protectorate " stands" (as you once well said of it, in a diplomatic note) "the shadow of a name." With rerrard to the British colony said to have been estab lished on the 17th of July, 18.V3, in the islands of iJ.oatun, Bonacca, Utilla, Barbarat, Helena, and Morat, and i nated as the colony of the Bay of Islands, the qe whether, by establishing such a colony, Great Britain has violated the treaty of 1850, depends entirely upon facts, in retrnrd to which there are different opinions. The only islands known to this Government on the 4th of July. U.~>U, to be dependencies of Bi-iiish Honduras or Belize, were a to in the fouthand fifth articles of the treaty ot Loin- don,ofthe llth of July, 1786. The fourth article provides tiiat "the r,nilish shall he permitted To occupy the smail i.-Jand known by the names of Camilla, St. George s Key, or Cayo Cafina," and by the fifth article, they "have the liberty of refitting their merchant ships in the southern triaugle in cluded between the point of Cayo Cafina and the cluster b/" small islands which are situated opposite that part of tha coast occupied by the cutters, at the distance of eight league? from the river Wain s, seven from Cayo Cafina, and three from the river Sibun, a place which has always been found well adapted for that purpose. For which end, the edifice^ md store-houses absolutely necessary for that purpose shall be allowed to be built." These aiticl -s in the treaty of 1786 gave us the only knowledge of any small islands which were, on the -Jth o f July, 1850, " dependencies " of British Honduras. I repeat, that the counter-declaration acknowledges no t, ther depend encies of British Honduras but those small islands, which were kno wn to be such at its date. We knew, indeed, that Great Britain, as well as Honduras, had laid claim to Roa- tan, but we had no information as to the ground on which the former rested her claim. Your reply to Sir Henry L. Bulwcr avoided any recognition of the British claim to it, or othei- allusion to it, than could be inferred from the pos itive assertion that the treaty did include all the Central American States, " with their just limits and proper dep -ud- eneies." If these islands were a part of any Central Amer ican State at the time of the treaty, the subsequent coloni zation of them by Great Britain is a clear violation of it. If, on the other hand, they did not then belong to any Cen tral American State, it would be gross injustice on our part to pretend that the treaty did include them. My impression is, that lloatan belongs to the State of Honduras, but my knowledge of the facts is too limited to enable me to e:;presd it without diffidence.. During the Administration of President Taylor, there was no new :i<;-, r res.-ion by Great Britain in any part of tire Isthmus which was not promptly met and resisted. He hail firmly resolved, by all constitutional means in his power, to prevent such agcrcssion, if any should be attempted, considering, as he did, that all the passages through the Isthmus should be k<;pt free, to enable us to n-tain our pos sessions on the Pacific. I pretend to know nothing ol" what has occurred there since his day; but neither he nor his advisers could be held responsible if the treaty negotiated by his orders has been at .any time violated since hi-: death. 1 can scarcely suppose it possible that Great Britain in tends seriously to interpose her prot -ciorale ^;iii to uittain dominion over the Isthmus. I am assured, thsif. w! may in: contained to the contrary in any dispatches emanat ing" from the British. Foreign (Jllice, of which rumor speaks, ; i.- that a !) : half) oftlia claim of the Mosquito King lias been l.Uely boiiui t up by . with the concurrence and approbation fd the British Government; and that negotiations are on foot,with a fair pro ; -=, for (he purchase, by the same persons, of the residue of that claim. I am, dear sir, sincerely your "friend and obedient ser vant, REVEUDV JOHNSON. Hon. JOHN M. CLAYTOX, United States Senate, Washington, Stereotyped and printed at the Globe Office. 14 DAY USE RETURN TO DESK FROM WHICH BORROWED LOAN DEPT. This book is due on the last date stamped below, or on the date to which renewed. Renewed books are subject to immediate recall. SSrtrfrfSj , \$& r>r"r*T\ I r KCLV-* LJ L.L 9- , . fk ..... ^ i ^Anr 6?H0 13npi w EJEC i 2 IS&3 MOU -i 2^4 SS STA -^r-^-- , CKS * uv <^ OJ V 1 ^ O f ^^_ LD 21A-50m-9, 58 (6889slO)476B General Library University of California Berkeley