The New York Herald Newspaper, December 17, 1858, Page 1

WHOLE NO. 8140. HE CENTRAL AIWERICAN QUESTION. ITS DIPLOMATIC HISTORY. EN YEARS OF TREATY MAKING. Resume of British, French and American Diplomacy in Central America. ¢ Ilse, Squier, Claytom-Balwer, Webster- Crampton, Webster-Molina, Wheeler, Clasendon-Herran, Dallas-Cla- rendon and Cass-Yrisarri , Treaties. I Dctails of the Various Moves and Present State of the Game. BNTILATION OF THE WHOLE QUESTION. WHERE DO WE STAND? ke, &e., &. Across the record of Central American diplomacy should A written these worda—nihil jit. From ten years of ty making, In which four of the great Powers have mapted to regulate the internal affairs of an apparently peigniicant republic, literally nothing has been made. pdeed, ax the undermentioned record will show, the xi stion has become still more complicated through the fforts of the diplomatists, the publicists and the specula- ors to straighten it out. It is oar task just now to at- mpt a history of these negotiations and an explanation Use motives which prompted them, 90 far as the en- ‘led web can be unravelled. The key to all the trouble is of course the ques- m of the right of way across the territory Nicaragua, Supplemental questions, such as the oecu- jon of the Bay Islands and the Mosquito Coast by reat Britain, bave likewise arisen, and given to the hole matter the gravest and most important aspect. Fearing upon the question, there haye been mado the follow uy conventions, kuown as— 1, Treaty between Elijah Hise, Charge d’ Affaires of the 'uited States, and Buenaventura Selva, of the State of jcarngua. 1849. Never ratified by the United States. ooepted by Nicaragua. 2. Between FE. G. Squier, Charge of the United States, i Nicaragua, 1849. Never ratified by the United States. cepted by Nicaragua, 3. Between John M. Clayton, Secretary of State of che pied Swates.and H. |. Baiwer, British Minister. Kati- July 4, 1850. 4. Project of a treaty between Danicl Webster, Secre- 'y of State of the United Sates, and John F. Crampton, British Minister, 1852. Signed for the United States and reat Britain, bot not accepied by Nicaragua, Accepted ry Costa f 6s Treaty between Danijel Webster, for the United » enel BL Me » for Costa Rica. Ratified 1862. 6. Treaty between John LH. Wheeler, Minister resident the United States near Niearagua, and Escobar, Deputy President of Niearagna. Signed 1855, Mr. Marcy, then ecretary of State for the United States, declined to guise the government of Nicaragua at the time of nM. 7. Treaties between the Earl of Clarendon, British Se: retary for Foreign Affairs, and Herran, Minister of Hon- juras at Londen and Paris. Signed 27th August, 1856, Wot rated by Honduras, $8. Treaty between George M. Dallas, Minister for the Tnited States to the government of Great Britain, and the ‘ari of Clarendon, Secretary, &e. Same date, Accepted ry the United States, with modifications no. accepted by treat Britain. 9. Treaty between Lowis Cass, Secretary of State for Ine United States, and A. de Yriearri, 1857. Ratified by he United States. Modifications and additions suggested vy Nicaragua, and not accepted by the United States. ‘The early history of the negotiations with the Central rican States goes to chow that our English cousins saw be importance of securing the transit before it had dawn- «i upon as, A® carly as 1824, the Messrs. Barclay, mer- chants of London, preposed to open uavigable communi ‘atious between the two oorans, via the river San Juan and lake Nicarague. During the next year our government ‘ook the first official notice of the project, being moved hereto by an official note addressed to Mr. Clay, then weretary of State, by Mr. Canas, Central American Minis- or at Warhingion. Our Charge ia Central America was utrected to assure the government of that republic of the cop interest of the United States in such an andertaking, 9 collect all the information on the eubject, and to trans- pit it to the United States. It does sot appear mat Mr. Williams complied with hie instruc- ma, and the matter was dropped. In 1826 the Bar- Lal with De Witt Clinton and others of New York, took the matter up, but it was rather coldly received y our government, and the project failed. In 1828 a juich company appeared in the fold, and in 1829 a special nvey (rom the government of the Netherlands arrived in vuatemals. During the same year a project for the canal sas ratided by the Ceutral American Congress. All na- ‘ous were to have equal rights in the aavigation of the anal, ant a free commercial city was to be founded on we banks of atone of the entrances of the canal. The isturbences in 1890 put an end to this project. In 1836 ‘© matter came before the Senate of the United States, <tuch passed a resolution requesting the President to con Wer the expetieney of opening negotiations with Central meriea and New Granada upon the subject of the pro- owed shi canal, President Jackson rent out @ special gent, who, however, did not go to Nicaragua, bat who sperted that a canal across the Papama Isthmus was not racticable. The French appeared in this affair as ~arly ae «1838, through one Rouchaud, who ‘ee nuthorized to form a canal company. American se artic. were in & terrible condition, and Kuropean cay Aliste had been too severely bitten to touch anything on vie continent. A Belgian company met with a similar ste in 1844. In 1846 Marcolota, Nicaraguan Charge at elgiom, made a contract with the present Emperor of the reneli, then a prisoner at Ham. The Emperor ia the uthor of pamphiet oh the subject. It is this contract Abich suggested the anofficial mission of Mr. Beily, and shich gives the key to the Freneh intorest in the present pect of Central American affaira. Iw 1848 (he diplomats began to look at matters more so- y. Groat Britain had long held the Bolize, and simed a protectorate over a portion of Nicaragua, known 4 the Mosquito kingdom. Under this claim the British yweroment took possession of the chicf Atlantic port, wm Jown de Nicaragua. The supreme director of vat republic asked for the interposition of the Unit- * States to prevent Great itire control over the Transit me wae the Chargé of the United States near Centra merits, Was inetrvcted by Mr, Bachanan that it was evi- vntly the deen of Grent Britain to obtain control of the a railway oF @anal between the cova, and, re- 1c the Monrog@loctrine, exeluding ‘all interferences FucOpean governments in American affairs,"’ Instructions to the envoy 4 mission commences our ten yoars im. Accounts he had rather a hard time of it ge, Ohatield, being already on the ground | ament betraying not sufficient interest in inewor the lotters gent by the Nicaraguan ' However, Mr. Hise made a treaty, the “are as follows F WI8SE-SELVA TREATY, TION BETWEEN THE UNITED STATES AND THE STATE OF NICARAGUA, of America ancl the State of Nicaragaa and design of openiog, and enablish itoriet ot the latter Btate a (ween the Caribbean Bou aad the ste the commerce between the two other gr his, and designing a de granta, rights, privi win to each other ‘object, by means of a treaty mie er » the par 6 desirable pneposes, the f rica Wy wd | State of N MORNING EDITION—FRIDAY, DECEMBER 17, 1858. full powers oo Etjab Hise, Charge @ affaires of the go- non of said Bhates im Daalen) Ainerian, and om of Nicaragua hath ikewise granted full powers to Seore- tary Pon Buevaventura Selva, Charge d'affaires of said State of Nicaragua near tho United States legation ia Cen- tra} America, who, after having exchanged their said full powers in duo and proper form, have agreed, and do agree, ‘pon the following articles:— Article 2. It is solemnly betwoen the two high contracting parties that the State of Nicaragua doth grant to and confer upon the ales cia Fcvapo pao wa company of citizens Uereyf, the exclusive right and provilege lo pos Mere and. Ah within ine territory of the said State of Nicaragua, through or by use and means of any Of the streams, rivers, bays, harbors, lakes or lands under the jurisdiction, or within the hunits of the said State, a canal or canals, a road or roads, either vailways or turn ike, or any other kand of roads, for the purpose of open- bg a Convenient passage and communicanon, either by fand alone or water alone, or by both land and water, and by means, if deemed proper, of Jocks and dams, or by any other node of overcoming and removing the obstrad. tions tothe navigation of said rivers, harbors, &e., be- tween the Caribbean Sea and the Pacilc Ovean, for the traneit and parsage of steamers, sailing vessels, boats and vessels of ail kinds, a8 weil as vessels of every sort used for the t:avsportation and conveyance of persons and property, and goods, wares and merchandise of every desorption; and the United States, or the company which may be fermed by virtue of such charter as shall be made, as herein provided, shall be per- mitted, for the construction of said works, to procure, take, abd obtain, within the territories of Nicaragua, all kinds of material, such as stone, timber, earths, aud whatever else may be necessary and proper for the said rpose, free of any cha go, $0 far as said material may procured on the lands belonging to sa id Btate. Ait. 2. ‘The State of Nicaragua cedes and grants to the United States, or to a chartered company of citizens thereof, as the case may De, all the laud that may be re- quired for the location and construction of the canal or canals, road or roads, and which may be necessary for the erection of buildings and houses of every description for the residence and accommodation of engineers, super- intendents, and Jaborers, and al! othors employed’ in the making and construction of said works, or in governing, managing and controlling the game, and also for the erec: thon of aij necessary buildings as may be requisite and proper for the purpose of stowing away therein all the tools, machinery, materials, and property of every deserip- tion Which may be required for the ‘construction, repair- jog, preservation, and management of said works; aad shouid any portion of the lands and materials, or of the rivers, bays, ports, or their coasts, or iakes and their shores, which may be necessary aud proper to be applied for the location and construction of said works and its appurtenances, belong to individuals, the State of Nicaragua agrees and undertakes to extinguish the title thereto, and to procure the same upon a just principle of valuation, for theaforcsaid public works. The aforesaid cession aud grant shall include a space of not less than three hnndred feet on each side of the lines of said works, and extending a)! along the whole length thereof, so that ample space be secured on the margins of said works for the convonient use thereof. The just value of such of said Jands and materials, as may be private property at the date of this treaty, will be paid by the aid company. Art, 3, It is agreed, that if the government of the United States shall decide not to unkertake and construct the said works, then either the President or the Congress therof, shali bave the power and authority to frame, enact and issue a charter or act of incorporation containing such hibe- ral provisions aud such graute of rights and privileges (not inconsistent with the rights of the contracting parties herein secured), as may be necessary, convenient and proper 10 effect the great objects in view, witch chartor and act of incorporation shall provide as follows: — 1. That the company which may be formed under, and by Virtue of ite provisions, shall be composed exclusively of the citizens of one or both of the contracting parties, who may subscribe for aud beoome the owners of the whole of the capital stock. If, however, such citizens, thus having the preference, shall fail in due time to sub scribe for and become the owners of the whole amount of said capital stock, the residue not taken by them, may bo taken, paid in, and owned by the governments of both or either of the contracting parties, or by the goverameut or citizens of any other nation, kingdom or country. 2. That said company shall have the sole and exclusive right and privilege of constructtg or owning such works as herein named, within the State of Nicaragua, provided the Sune are commenced and prosecuted within the time United in this convention. 3. It shal! authorise the said company to build aud con- struct said canal or canals in such width avd depth as they shall in their discretion determine; aud if the plan of roads ig in part or in whole adopted, the route, width, kind and number thereof shall be determined upon by the said company as they may think proper. 4. It shall provide that said company may make con- tract, suc and be sued as a » With a given ame and style, have a corporate seal, aud in all such trade and business as may be proper and convenient be appointed by the President of two by the executive chief of the that aaid nine managers sball appoint their own 9. It shall provide that the governments of ei of the contracting parties may, through their committees, freely, examine and investigave So ae Span, wo eatablish: except shail further provide, that ‘all the vessels of war, and all Olber public vessels of every description belonging to the governments of the two contracting partics, as well, also, ‘of all otaer vessels as may be engaged in the permanent or temporary employment of said goverament, to trans. port their troops, munitions of war, their public property Of ali Kinds, and to convey their public agents, cousulm, ministers, and all other officers, civil and military, sbali be permitied to have the fall and unrestricted ase of the oer tation ce commer. ‘1. The said charter provide that the said works shall be commenced by fate dl within ton years after it shall be fully ized Said charter, or oth orwire forfeit wiloges. So likewise, after said works are it declare their intention to aban don them, cease 10 prosecute the same for (our eatire gE 3 i j i if 33 ES i i Fl $ mitted to enter said through; but they shail be subject, however, to the pay: ment of such duties, charges and tolls as may be estaly lished by the proprietors of said works. Art. 7. The State of Nicaragua may, of course, cwercise her right of erecting and ostablishing anywhere on the routes or margins, or at the points of termination of said works, enstom houses and warehouses, and to collect duties according to her own laws upon the goods, waree and merchandise imported for sale of consump. tion in her territory? Uy means of sud works: and the sragna may adopt ant caforee ail needful titles and foguilatona to prevent smuggling oF tho tera: Laetion of contraband gveds in her territories; but st expressly agreed, that the Slate of Niearag not Impose, enforce or collect any taxes, charges or duties of aby kind or amount on the persons (for apes) or on SePerey oe 4 anol, anes oF miepsten any cluis or kind, on their travel or trausit over, or for passing through the territories by means of said cana), roads, &c., provided the said property, goods, wares and mor: chabdise shail not be sold or Introduced for sale or eon- sumption, bat be imported to other States or countries. ‘Art. 8.The ports at the points of termination of said works shall be free to both the contracting partios and their citizens respectively, and their public and private vessels of all kinds shall enter and remain therein, and depart therefrom, and not be subjected to the payment of any port charges, tonnage duties, or other imposivons whatever, Art. 9. The persons employed in the location and con- struction of said works, the owners thereof and all their agents and officers, aud employés of every sort, shall be vader the specie! prowction of the government of both the contracting parties, and they shall not be subject to any kind of taxstion in their persons or property, no shall they be required to pay apy contributions, or to per form any civil or military duties or service whatever, 0 either of ths two governments, during their employment about said works, and all provisions, inciading wines and Niquors, aud all merchandise importei into Nicaragua, shall be free and exempt from ail duties and taxes, direot or indirect; and all such articles, property , stores, Wwols, im- plements, machinery, &c.,as'may be required for sur- veys und explorations, and for locating avd constructing said works, shall be imported jnw the State of Nicaragua free from a)) taxes and duties whatever thereon; and the vessels employed in the importation of said subsistence, clothing, tools, implements, &¢., shall also be free and exempt from All port charges aad tonnage duties in all the seve rivers, lakes or harbors in the coasts or within the limits of the State of Nicaragua; and entire liberty is to be enjoyed by the eaid company to make full and com: plete surveya aiid explorations of the ports, bays or seas, lakes, rivers and territories of Nicaragua, in order to the Jocation of said works, and for the procurement of lands and iwnaterials, in which explorations and surveys Nicara- gua may at her own expense participate if she thinks proper. Art. 10, The State of Nicaragua grants and cedes to the ‘United States, or to a company w be provided as bereia provided, as’ the case may be, all the land within two Jeagnes square belonging to Said Blate and which may be noappropriated at the date of the treaty, at each point of the rmination of said works at the reas on each side; that is three miles square on eac! works, to serve fur the site of two free cities which it is antici- will hereafter be established at sat points, the inha- tants of whi free cities shall enjoy the following rights and immunities: — 1. They sball govern themselves by meango f their own municipal laws, to be administered by legistative, execa- tive apd judicial officers, chosen and elected by them- selves, according to their own regulations. 2. They shall have the right of trial by jury in their own city courte, . They shal have the most perfect freedom of religious belief and religious worship, public and private. 4. They sball not be required to pay any tax upon their real estate or otier property, except such as may be in the municipality, and collected for the eity treasury, and to be used and applied tor the benefit of Said city. 5. They elali not be required to perform any military ser vices, except for the defence of said cities in which’ they may reside, The said cities will, of course, be under the quaiified dominion and government of the State of Nica- Tagua, Lot to be exercivet in avy manner, however, in re- Jation to their rights and immunities, as herein specified; and said free cities shall be under the protection of the goveroments of both contracting parties. Art. 11. ‘The State of Nicaragua agrees that the United States shel! bave, possess, and enjoy forever, the follow- inyy rights and privilezes:—That is to Ray, the right and pri- ivy, transport and send through all and ‘anc! dominions of Nicaragua, on tand ts, bays any of or water, from ocean to ocean, by means of her por ane 7 iver’, lakes and roads, troops, infantry or cavaley, all fandds uf corms he artillery, munitions of war of all kinds, jubsie property of every. deseription, public officers, Janel military, consuls, ministers, despatch agents, her and tail agente, and all other employes of vermont of the United States of America, and in all vessels or vehicles, public or private, which ‘ary or perinanentetmployment of Lie ued States for any of the purposes wior any O(..et Way , freefrom al costand exempt from ali duties, taxes, imposta, charges, aud exactions of any kind whatover, e'ther on the persons, property, vehi cles or vessels aforesaid; and all foresaid | privi jegee, and the said free rights of way and of trausit, shall be held, used and enjoyed by the United States of America, but uot by any other nation, State or govern ment except Nicaragua, without cost or charge, ant free- ly, whether the same be made through the dominions and territories of Nicaragua asthey now exist, or whetber the sald troops, munitions of war, public officers, agents , mails, public property, vehicles, vessels, &e., thal be transported, or conveyed by means of improved navigable rivers, tarnpikes, railroads, or any other public improvements which may be hereafter made in the Mate of Nicaragu, either by the government citizens of the contracting parties, or by the government: citizens or people of any other nation, ki or try; and the citizens of the United States shal! have enjoy all the rights and privileges of travel, transit, pas- gage and conveyance for themsel ves and their property wud ‘veasols of all Kinds, through the territories and dominions of the State of Nicaragua as they pow exist, or through such canals, or roads, railways, turupikes or other ua ovements as may be hereafier made in said State, upon and conditions in every particular at favorable as those engaged by the citizens of Nicaragua, or by citizens other nation, kingdom or country. In cousideration of the tees as get forth im ‘wilted States of America defend the pab ub neh othe bocome a member, or may hereafter be iden- tified; provided, however, that the said sovereignty and dominion of Nicaragua shall not be held, maintained or exercised by sad State in any such manner, as to be inconsistent or oonfict with the Fr and vileges herein tecured to the United or citizens. And & prevent all misunderstanding, pressly stipuiaied that the United States are pst wad do they undertake to ~ in offensive ware, or wart tod catvied on by sald Stale with foreign Powers, or wiih boring Bintes, outside of her jast limits aad be yond the territories rightfully within ber juriediction, Yat the contracting parties agree and undertake, that if neces sary, the naval and military forces, and entire means and resources of bot! the contracting parties, shall lye « ed to pot down ail ware and bloodebed ar sing therefeo and to supprens all violations of the peace and interrup Uone of the neutrality of the said State of Nicaragna, and for further explanation it ie understood that if the Suite of Nicaragua should become involved in a war with any foreign Power or neighboring State within ber ows bor ders, or to defond the territuries rightfully belonging io ber, or to recover such territories wrongfully mted from ber, the United States engage to defend Nicaragua in carrying on such war within ber own rightful limits; pro: Wank, however, that such war is just, and provided moreover, that if peace is prevailing in the State of Nica. ragua, no war or hostilities shall be first commenced m said State by either of the contracting parties, without previous friendly consultation, aud gules with the coasent of both their governments, given according to their laws and constitutions, respectively. Art. 18. The coutracting partios in pegotiating the treaty had in view the contract entered into between the State of D ‘agua through their commiasion:r, Jose Trim). te Transie’ de’ Nearogwa,couiposrd of certain. [ore je ‘s . cou certain perwans named Willard Parker, Simeon HI. Ackerman, Asher Kursbecott, and 1D. J. Brown, ae their agent, whicl con- tract was executed and aigned by said commissioner and agent, on March 14, 184%, and ratified by the logisiative power of the State of Nicaragua, Mareh 16, 1849, and ap- proved by the executive power of said State, March 17, 849. now in view by thie contract it is further agreed as follows — 1. I/the above named company shail acce:te to this in all ite parte, or if they ehali voluntarily abandon contract, oF if they shall forfeit their rights ander said con- and execute the terms and con- ae time, then this treaty shall remain shall not acerde to this shal not abandon of for- shall exoente the ame and comply with (te terms, and baild the said works all in the time required, thon. in gach case, thie treaty in all be wherein the State of Nicaragus grants to the Uni- States, chartered by @ President Congress Of no force or effect. 3. Nevertholers in such case as ie set forth in section, if said company shall accede to the Sth, the 8th and the 11th articles of this treaty, and oI Rent and agree that the United States of America citizens thereof shall have and enjoy all the ri privil to them, and as defined also ‘the 10th section of the 2¢ article, then in sach ease above named Sth, 6th, 8th and 11th articles bed ae png 12th Sp thereof, shall be valid and i gatory between the contracting parties. 4 if in such case existing a is set forth in the eecond section , the said company shall refuse to ac code oF agree to the said bth, 6th, 8th and Lith articles it is Bot hereof, ar specified in the preceding third ection, then this troaty shall be altogethor void and of no force or ef. fect whavever. But the Partice antietpating that the aid company, Ngee that the enterprise in view can. hot succeed, uNlees ADder the protectin and patronage of the two governments, will concur and co-operate with them in the promotion thereo’, they are assured that this treaty will moet their cordial approbation, and tat it will be fully acceoded to by them Present epecial convention between the United tates of America and the State of Nicaragus, stall be ap proved and ratified hy the Presiient of the Cuited States of America, by and with the advice ant consent of the Senate thereo!, and by the Director of the State of Nicara. fua, With the consent of the Logisiative Chambors there. Of. And thé ratideations ahall be exchanged in the city of Washington, San de Managua, or Leow, within the torm of two years, counted from this date In faith whereof, we, the plenipotentiaries of the United Staten of America andof the State of Nicaragua have rigtiod and s@nlod these presence in the city of Gaaterala, on the Tet day, of Jane, in the year of oar Lord one thooeant e@bt hundred ame forty-nine, and the reveoty thir! year of the ia v i ike Uuitt Stat wa Ap twenty cighth year of the independence of the Stave or Ny | ‘and sealed b earagua. y } ELS AH HISE, BUENAVENTURA BELVA, If the reader wil! be careful to keep in mind the points italicised in the above, they will be found valuable as we go along. This treaty of Mr. Hise mast have rexwhed the United States before Congress mot in December, 1949. President Taylor, who took oftice in March, 40, appoiaied | Mr. Clayton as his Secretary of Stato. lo April Mr. Oiayton recalled Mr. Hise, and appointed Mr. Squier 1a bis: place. The Hise treaty was not ratijed, partially because it was Signed subsequent to the dale of his jotwer of recall, bat chiefly, we suspect, because the meoming admivisiration wished to monopolize the crodit, if any there should be, | of arranging Nicaraguan altuire. How they dil & we shal) see. When Mr, Squier reacho! Nicaragua, he found the go- verument and people well dispesed towards the Unived States. The inevitable Chatield, however, threw every obstacle in the way of the American Uharge, who formed ® sort of friendly alliance with the French Consu! to check British intrigues. Thoy (the British) attempted to seize Tigre Island, in the Bay of Honduras—a atep which failed, through the efforts of Mr. Squier, He sueceede tin making a treaty similar to that of Mr. Hise. By one of its articles the Transit route was secured tw the United States, and Buglandiwould havo been deprived of its priv) Jeges in case slic insisted upon “protecting”? the Mosquite kingdom, which was nominally govecned by a vegro who was patronized by the British officinis, Mr. Squier's treaty was adopted by the Nicaraguan goverament 8» pt. 28, 1849, and received the approbation of tho Presutent ‘and Cabinet. It went to the Senate, and was never hoard of afterwards, The British Minister at Washiogton then took the Ceatial Amerioan inatter ja hand, and resolved to settle it at once, Whether Mr. Clayton thought he was cleverer than Mr. Squier, or whether our Premier took Sie H. L, Bulwer for | a fool, history may determine. Atany rave Clayton and Bulwer laid their heads together (April 19, 1850), and con. cocted the famous Ciyton-Bulwer treaty, of which the subjoined is a copy:— THE CLAYTON-BULWER TREATY. CONVENTION BETWEEN THLE UNITED STATES OP AMB- RICA AND HER BRITANNIC MAJESTY, FOR PACALI- TATING AND PROTECTING THB CONSTRUCTION OF A SHIP CANAL BSTWEEN THE ATLANTIV AND PACI- FiC OCEANS, AND FOR OTHER PURPOSES, CONCLUD- Ep 197m apuin, 1850; RaTIFrED BY THB UNIT STATES, 25D MAY, 1850; EXCITANGRD, 4TH JUL 1850; AND PROCLAIMED BY THE UNITED STATES. StH JULY, 1850. A proclamation, by the President of the United States of America, Whereas a convention between the United Staies of America and her Britanuie Majesty, tor facilitating and protecting the construction of a sp canal betwoen the Atlantic and Pacific oceans, and for other purposes, was concluded and signed at Washington on the Lub day of ie last, which convention is, word for word, a8 foi jows:-— CONVENTION BETWREN TIE UNITED STATES OF AMERICA AND HER WRITANNIC MAJISTY, ‘The United States of America and her Britannic Majes y being desirous of consolidating the relatious of am which 80 happily subsist between them, by setting forth and (xing in @ Convenwon their Views and intentions with reference to any meaps of communication by ship canal which may be constructed between the Atlantic and Paci- fic eceaps, by the way of the river San Juan de Nicara gua;and ‘either or both of the lakes of Nicaragua or Managua, toany port or place on the lacie ocean, the President of the United States has conferred fuil p on John M. Clayton, Secretary of Siate of the United States, aad her Britannic Majesty on the Right Honorabie Sir Henry Lytton Bu member of her Majesty's moss bonorable Privy Council, Knight Commander of the Mosc Honorabie Order of the’ Bath, and Eavoy Extraordiuary and Minister Plenipotentiary of ber Britanmic Majesty to the United States, for the aforesaid purpose, and wae said pleni tiaries ‘having exchanged their’ fuli powers, which were found to be in proper form, have agreed wo he following artices:— Art. 1, The governments of the United States and Great Britain hereby declare that neither the one nor the other will ever obtain or maintain for itself any exeius.ve cou trol over the said ship canal, agreeing that neither will ever ere 7 maintain amy fo the mame, or im the thereot or c@upy, or fortify, or colonize, or assume or exerctse any dominion over, Ni ia, Costa ‘ia, the Mocyutlo cota, oF any Contral Amerie: fosrputlo of wor will either make use of any potion which either utlords, or may afford, or any alliance which either has, or may have, to or with any State or |, for the par- pose of erecting or maitnning any such fortifications, or of occupying, ing, or colonizing N' , Coeta Rica ‘Mosquito coast, or any part of Ceutral America, oF of assumtg or exercising dominion over the same; nor will the United States or Great Britain take advantage of any intimacy, or use any alliance, connection, or intluence that either possess with apy State or goverument through whose territory the said cana! may pass, for the parpose of acquiring or holding, directly or indircetly , for the citizens or subjects of the one, any rights or advan- es ih regard to commerce or navigation through the if canal which shall not be offered ou the same terms to tho citizens or subjects of the other. Art. 2. Vessels of the United States or Great Britain traversing the said canal shall, in case of war between the | contracting partics, be exempted from blockade, deten- ten, oF capture by either of the belligerent; and this | provision shall extend to such @ distance from the two ends of the said canal u* may hereafter be found expedi ent to eatadlis! Art, 3. In order to secure the construction of the eaid | canal, the contracting parties engage that ifany such ca- {| nal shall be undertaken upou fair and equitable torma by | any parties haying the authority of the local government or governments through whose territory the same may | pars, then the poreeas employed in making the raid canal, | j ant their property used, or 10 be nsed, for that object, shall be protected from the commencement of the sail canal to its completion, States and Great Britain, tion, seizure, of any violonce whateoever. Art. 4. The contracting parties will use whatever influ ence they rexpectively exercise with any Siate, States, or | governments possessing, or claiming to porsees, any ju Tisdietion of right over the territory which the said caual | shall traverse, or which eball be gear the w: die thereto, in order to induce such States to facilitate’ the construction of the said means in their power. And farthermore, t ca and Creat Britain agree to use ther o of however it may be most expedient, o rocure the establishment of two [ree pore, one the governments of the United |, conflaca- order to at each end ofthis canal. Art. 6. The contracting parties further engage that when the said canal shall have been completed they will pro tect it from interruption, seizure of unjust contiseatic and that they will guarantee the meutrality thereof, that the said canal may forever be open and free, and the capital invested therein secure. Nevertheless, the go vernments of the Uvited States and Great Britun, cording their protection to the construction of the said canal, and guaranteoing ite neutrality and security when ony always understand that thie protection and guaranty are granted conditionally, and may be with drawn by both governments, or vituer government, if both governments or either government shoal deem that the persons or company undertaking or managing the name adopt Or cetablish such regulations concerning the trathie theretpon as are contrary to the epicit and inten tion of this convention, either by making unfair diserims tions tm favor of the commerce of one of the contracting parties over tue commerce of the other, or by imposing Ive exaction® OF unreasonable tolls \pon passen ors, VeRsel#, goods, Wares, Mmerchandiae or other articles Netther party, however, shall withdraw the aforesait pro teetion and guaraaty Without first giviag #x months no tice to the other Art. 6. The contracting parties in thie convention on pe to invite every State with which both or either hare ily intercourse to enter inte stipulations with them | Similar to thee whieh they have entered imto with ear ‘each other, to the end that all other States may share in the honor and advantage of having contributed to a work of such general interest and importance as the canal And the contracting parties Like shail enter into treaty stipulations | more efiectwally car con vontion—nateiy , tho said canal ae a either shal! be employet, when requested vy the other, in aiding and ags.sting the of snich treaty atipn lations, and by any L = as to right S operty over rritory through which the salt cupal Real pee between the States or governments of Central America, and such @ifferences should ia any way impede the execution of the said anal, the govern ‘And Great Britain will wse thei- Fuited to pramete the interests , Ihen the bonds of friendship and alliance which ex ist between the contracting ee Art. 7. It being desirable ‘fo time should be anne and constructing the said leet in commence: canal, United States and Great Britain determine to give their support and encourage ment to such persons or company as may first oller to commence the same, wit the necessary capital, the con sent of the local authorities, and on such principles as ac cord with the spirit and intention of tais convention, and | Fnkee or company should already have, with any Sate throngh which the proposed ship canal may putes, 4 contract for the constraction of sach a canal as that epeci fiod in this convention, to the stipalations of which ean. tract neither of the contracting parties in this convention have any just canee to object, and the seit persons or company shail, moreover, have made preparations, and expended time, money ant troable. op the City of each contract, it is hereby agreet that such parsons or com pany ehall have a priority of claim, over every other per son, persons or Company, to the protect the govern mente of the United Stites , ant be al ohanute of ths ratis King thoit arrang iiclent capital eat mente, and prese feribed 10 agcom Being understood that if, at the exp ration sata period, Sach pers ‘ . mance aud ev ry out A enter eins, MME De 5 worm thet u free to allord their protection to any bb pany Uhat shail be prepared uw with the const: uetiog of the canal in Art & The governments of the | Brita having net only desired, ine Vevtlon, (0 weeonapheh & artion tablish & gu their protection, Dy treaty. sb pracheable communientions, whothe Acrees The iktbmey whieh Condes S rien aa especiatly to ths Als proceeds states and Great 1 \nv us GOD bat aloo to es crow 10 extend the way of ‘Celuautepec or | sranting, low ver, their joint protection to any 4 Anus OF Faliways are by tts article specified, tw always undersvood by the Uniced States and Great Britain that the parbes con structing oF owning the Same shill tinpose charges or com/itions of tate Luereupon than the aly said governments shall approve of a8 Just avd equitable; ahd that Ue same canals or railways, beige open vr Lie citizens and subjects of the Uaived Plates and Grext Britain op equal wriut, shall also be a@pea en lik J sihzens and sutjects of every other Suabe wi 10 grant thereto «ch prot a8 the Uaite Great Britain engage to a! Art. % the ratiicatens of this convention ehall be ex changed at Washington within six mouthe from tis day or sooner if pore b! In faith whereof, we, the respect! have signed Uns convention, apo ha cur seals. Done wt Washington the 19h of April, Aano Dorini ove thousand eight Dundes ape sity JOUN ME OLY HENRY L And whereas the sad con: ou both parts, aud the respectiv were exebiar John Mt. Clayton, Secretary of State of v and the Right Honorable Sir Heary Ly Extraordmury and div wter Plenipoteutio nic Majesty, On the part of their respective governuente—— Now, therefore, be it known that f, Zachary Taylor Prewdent of the United staws of America, have caused the said convention to bu made public, ty the end Unat the sume, and every ciatise and article thereof, may be ob served and fulfilled with gocd faith by the Unite t States and the eitizeus thereof. In witness whereof T have herean » plenipotey tiarios, hercunto affixed (ue AWER, (1. 8.) Deon duly radii od t my hand, and cansed the geal of the United States to be alixed. oly of Washington, ibis bth day of July, one thousand eight lan ndependence of the 4 YUOR, State. In proceeding to the exchange of the ratideations of the convention, signed at Washington ou the 1th of April, 1bod, botweew her Britanuic Majesty and the United Skates of Atmericn, relative wW the establishment of a comuaica- tiou by ship canal between the Atiantic and Pacilic oceans, the ucdersigned, ber Britannic Majesty's plenipotentiary , ived her Majesty’ 8 Wy declare that her y ements of tbat con ment at Honduras or y fication of the said exchanged under the oxpiicit declaration a. above mentioned, Done at Washington, the 29th day of June, 1850. HL. BULWER. MEMORANDUM Ww The within declaration of Sir H. 1. eon the 294i) day of Jur bim my note of the 4th of Jat derstood British Honduras was, not embraced in the treaty of the WWth day of April last; v the same time, care eliurhng to air or deny the British Wile i thete ent Or its alleged depend 8. After signing my ast night, T delivered it to Sir Hemry, and we immo- diately proceeded, without any further or other action, to exchange the ratilications of said treaty, Tke eonsent’ of the & treaty was ratitled as it stood whe In reply, 1 wrow , dcionowledging that 4 um ate to the declaration was not reqiired, end the it was taade, Joli M. CLAYTON, ‘an State have negotiation 1t was, no doubt, Me. Clayton's intention im the Gest article of this treaty to do away with the British protecto- rate over the Mosquito shore. He also hoped to check the growing influence of Great Britain in Hosduras. For many years England nas beld the Belize, ander a periais sion granted to cut mahogany. It claimed, in addition, ag dependencies, certain stnail islands within sight of the Belize—whith claim was tacitly submitted to, by due saccens, the Bay tslande, which form the key tothe Pay of Fouduras, and which contained a namber of Britieh subjects, were menaced, on the ground that they were dependencies of the Belize. Our government, as well as that of Honduras, held that they were rather too far off fog “depondencies.’’ In Mr. Clay- ton’s memorandum he gave way on the Honduras question, but believed he was right on the other. But Mr. Bulwer insisted that his government did pot give up the protectorate, but was only pledged not to use it for the purpose of obstructing the canal, Further, it has been cisimed by Clarendon that the right to protect is quite a diftcrent aflair from the right t “occupy, fortify , colonise or assume or exercise dominion,’ and it #* further claimed that by acknowledging that British Honduras was not incladed in the treaty, Mr. Clayton acknowlelged the sovereignty of Great Britain over the Bay Islaodls and all These poipta were thoroughly ventilated in a lengthy cor respondence between the governments, which coutinved several years. Mr. Clayton returned to the Sonate, where he was fre- quently catechised on the subject. He frequently at Lempied to justify himsolf, but it was the general impres- sion that Bulwer had overreached him. Mr. Clayton wus much affected by bis failure, and it is believed to have hastened his death. Me, Clayton went out of office with the death of President Taylor and the accession of Presi - dent Fillmore. ‘The affairs of Nicaragua and Costa Rica attracted the attention of Mr. Webster when be took ollice as the chief of the Fillmore Cabinet, Perhaps the Secretary of State was encouraged by the success of his predeceswor in making & couvention between two Powors, in relation so the allairs of a third. At uny rate, be arranged with Mr. Crampton, her Majuety'® Minister in Washiagton, the 1 of a treaty between the governments rat m follow ing terms — THE CRAMPTON-WEBSTER TREATY BASIS OF A CONVENTION FORK TUK SETTLEMENT OF THE DIFFERENCES BETWEEN NICARAGUA AND COST A RICA, PROPOSED RY THE UNITED STATES AND GREAT BRITAIN, ‘The underrigned, Danie! Webster, Secretary of State of the Cuited States, and Jobo F. Crampton, Kuvoy Kxtra ordinary and Minister Plempotentiary of her Britannic Majesty, having taken juto consideration the state of the Telations betwoen the republics of Costa itica and Nica. Tagua in reepect to the boundaries between those repub Nes, and between the reps blic of Nicaragva and the ter. Titory claimed by the Mosquito Toctans, and being muta ally Uesirous thet all ponding dillerenoes respecting those questions eboald he amicably, honorabiy and deta'tely adjusted, do, in behaif of their respective governments, earnestly recommend to the respective governments of the republics of Nicaragua and Costa fica an aecommoda | tion and settiement of these differences upon the follow basi« ing _ Article 1. The Mosquito Indians may reserve to them selves, out of the territory heretofore claimed oF occu pred by them on the eastern coast of Coatral America, a district of country, and the jansdiction ewer the same, to be bounded as follows, namely —teginuing on the shore of the Caribbean sea at the mouth of the river Rama, which ie, (aecording to Bailey's map of Central America, published in London November, 1855,) IL deg. 4 mio. latitude and 83 deg. 46 min. weet es | Tunning thenee due west to the meridian of 84 deg. 2 iin, west longitnde from Greenwich, thence due north on said meridian to the river Sogovia Faatawna or Wan; thence down said river to the Caribbean sen; thenes ‘southerly the shore of said sen to the of be goning. and the rest and remainder of territory and lands lying southorly or westerly of aid roser vation heretofore occupied of claimed by the said Mosyritos, in cluding Greywown, they shall ash and cede to the repullic of Nicaragua, together with all jarietiction over the same, in consideration of the net receipts for a period of three years from all duties levied and colleeted at Grey town, at the rate of ten per cent ad ralorem on ali goods imported foto the State; the period of three years to com. menee on the day whem Nicaragva sbal! formally take poreession of and enter into the oveupaney of #aid town, And the said net receipts shall be payable quarterly, or every three months, to such agent or agents aa may be inted to reseive them. the sad ublic of Nicaragua hereby agrees not im any way to st oF interfere with the Moequite Indi. ans within the territory herein reserved by ther. It t# aleo understood that any grant of iand which may have boon made by said Mosquitos since the Ist of Janu ary, 1°48, ip that part of the Mowquito territory hereby ceded to Nicarsgua shall not be disturbed, provided the said grant shal) not interfere with other legal grante made by the Central Ameri or operations of the Atlantic Ship Cooal Company or Ac consory Company, and ehall not inclvte Lorritory desired by the Ni government for torts, arsonais oF other public haildings, Art. 2. Itis also that nothing in the pre ceding article shall precinde the conclosion of such volun. tary compact and arrangement between the State of Niex- ragna and the Mosquito Indians, ty which the latter may be definitely incorporated aml ed with the State of Nécaragna. it being Hipulated that in such case the said Mosquito Indians shall the same rights and be Kable to the same duties ax the other citteens of the said State The nrunicipal and public anthority in the wn shn!! bo Weld and exerciand by the ge ernment of Niewragua, but said government shail lay o duties of tonnage nor any duties of impost on goods im ported inte Greytown, intended for teane't across the Fett tiem in any other State than that of h tonnage duty ae rr Tons oF for consam Nicaragen. excnpt y be hosessary rant the eree and bea ‘ stead Hive port m wt Gls or Sifivila 8 pet we tiow and min ms nnd ne PRICE TWO CENTS. on the south bank of the ih the sea, at high water vk on Said river; thence along said south bank, cos 46 bigh water mark, to the comiluence Of tue Colorado with the river San Juan; thenee, at nigh water mark, a south bank of the Sao Juan to ite source on Lak . gua; ence, at high water mark, along Vie oth ant west shore of that lake to the point nearest t mith of the river La Flor; thence by a direct line drawn f om that point to the mouth of the said river in the fic It is understood, however, that Coe% feo the right, in common with Nicaragua, to navi wid rivers and lake dy sail vorels, barges, stowed, bt not by steam; bit thit rig it we to interfere with the paramouct right ia Ni- ua or hor graptecs to appropriate the waters of said rivers and jake to a ship caval from ocean to coean, OF C wsad lake, Itis also underswod bat the compauy entitled the American Atiant, ie Ship Cunat” Company shalt have the privil cating, on the south bank of the St. John river, foar of the ight stations of sections of jand referred w in the 7th arucle of the amended charter of said company, ng raliied by the gov nt of Nicaragua on the Mtb April, 1860, If, howey vid company sho iid desire. 10 leeate move th four se ohons on 4 jue of the San J) FAs of Costa Hien ail ami oe ir snch location, Art. 4. Neither the government of Niearagna nor the sovernment of Casta Rica elali be at liberty to erect or ulter to be erected any wharf, wall, embankmeot or other trocture, or to do or suilor to be done uny act or thiag Whatever in the harbor of Groytown, in any put of tbe ¥ cu the shore of Lake Ni tthe free operations of the ynpany, or hinder the passage of {ough the said harbor of Grey- >» or San Juan. And if, after @ ito for @ ship caihal between the rane, Ht shal) be found that « would be praterable wal tO pass id partaioug the sgatherm bank of an Juan or the Colorado river, the goverameat n ‘tue veean, ages te grent any lands aud to afford any is thts whieh may be necessary for the coustruction of the paid canal, Art. 5, Whereas, it it is stipulated by the secoad article of the convention bs Britain and the United cane of snips from. peiligerants; xtend (9 such a distance war and Chat’ thi fron the two ends of tt might + ind expedient to establish. Now, for the purpose of es- tablishing such distance, within which the vessels of wither of said nations shall bo exempt from blockade, detention or capture by either of the belligerents, it is hereby de: clared that it shall extend to all waters within the distance of twenty five nautica) inies from the termination of said cana) onthe Pacitie nnd ou the Atiantic coasts. Art, 6. Whereas, by the seventh article of the said con- vention it was among other things stipulated, that if ar persons or company bad already made, wa any Sta through which the propocod ship caual might pass, a ct for the construction of such a canal aa tbat spe- a said convention, ty the stipulations of whieh con- tract neither of the couiracting parties in that convention had any just canse to ubjex Sait persons or cou ; Moreover, mule preparations and expended time, money and trouble oo the luith of euch contract, ib was thereby agreed that sach persons or company should have a priority oF every other sctionof ibe gove t Britain, and shoul be allowed of the exchange of ratitications of ‘convention oncludiug Weir arrangements and presenting evidence uilicient capita! subscribed W ace complish the contemplated undertaking, it being ander stood that, if at the exrution of the aforesaid period such persons or compauy should not be able wo commerce and carry out the proposed enterprise, then the govern- meuts of the United States and Great Britaia should be free to afford ther protection to any other persons or com. pany that should be prepared to commence and proveed with the construrtion of the capal im question; and, whereag, at the tite of the signature of the said conven. Hop a company, etyied the American Atlwatic and Pace ‘Ship Canal Company, had, with the government of the re- puble of Nicarage t for cousiructing a ship eaual 8, but, for rosso deomed euffleient by the eruments of Crest Britain agd the United States, have not hitierto been able to comply with the stipulation which gave them a claim to tbe protection of the Bald goverviments ; aud, whereas, no other company Lag claimed such protection on the same conditions, It is, therefore, agreed that the further time of one year from the a = tho ratifeations of this convention shal! be aliowed the ead company to with she comply Stipabation r from t AN 7, And, whereas, by avether eharter of the Vth April, 19D, to the Ampervean Atiwntie and Pacthe Shigy Oa. Bat Company s the State of Nicaragua, with a view to fa. cilitate the construction of tut eaual, has aathoriged the fad COMPABY te Separate (rom their contract OF the 22d stotaber, 1849, the part releting to the navigation of the waters of Niewrayua by steam, under the tithe of the Accessory Transit Company, And, whereas, the said Ac. cessory Transit Company bas for some time past been in full abd succerstu) operation, the guveruments of Great Britain and of the Upited Btates hereby engage to extend their protection to the said Accessory Transit Company in he same manner and to the mame extent as by the afore. aid convention, of the 19th April, 1860, and vention ee cat estection ts eenentes to the Atlantic Pacittc Ship Company, but a8 the main ohjoct of the said convention between Great Britain and the United States of America was to provide for an interoceantc canal between the Atuctic and Pacific, and, as that ob- ject is still deemed paramount w every iraveit, the protection hereby extended wo Accewory Transit Company shad) not be coustrued to interfere the right to construct paid canal by the company which has undertaken to construct the same, or in cass of Shetr failure by any other person of company which may be authorized to construct the came, and every grantand pri vilege conferred upon gaid Accessory Traneit € thall be subject to the any other upe puch reepret the goveroments of Nicaragua and Cos ‘, are advisory and recommendatory, and the ot attenon of these goveraments to their ronsideradion ia rarpestly inveked, To insure a prompt decision Mr, 5 Wyke, General of her Britannic , Clothed with full power for that purpose, Mr. Kerr, € rR @ Athires of tho United States to Nicaragua, and Sui Sapsinted special aguas on the part of the United States to the government of Costa Rica, are anthortaed to communicate the arrangement proposed to those govern. ments respectively, and unleas the aforesaid goverment of Nicaragna and Costa Kies shall promptly, and without tammecesen! ¥ ese Of ime, concur in the general basis of {hit crrangement, and ndopt proper measures for éarry: itinto effect, then the yovernments of Groat Beialeand the United Btates wit iminedtately, a& between them. selves, jointly adopt such n adivienble to carry into full be tween te Se governments of the 10th April, 1860, and to somplish the design therem conte ‘of an inter. ° Pac Lake Nica anc COMMeniration by canal trom the Atlantic to the ocean, by the way of the river San Juan and the DANL. WEBSTER, JOUN F. CRAMPTON. Woemyeroy, April 30, 1862. In this convention Mr, Webster hoped to seule the Mosquito question. Costa Rica bad a dispute with Nica- Tagua wpen the boundary question, and the treaty settled this dispute in favor of the frst named Power, The treaty ‘Wat vont to Nicaragua by Mr. Kerr, oar Charge, amd to Costa Rica by Mr. Waleh. It was aceepted by the last named republic, but rejected by the Grst as being two favorable to Costa Ries The following is the Conta Rican decree on the subject — Inasmuch as there has been received from the M. &. na- tional executive the deeree No, 10, of yesterday, which says — Ko. 10, Juan Rafoel Mora, President of the repablic of Costa Rica. Inasmuch as the M. & Constitutional Oon- Tees bas decreed the following —The M. K. Constitutional Congress of the repablic of Oreta Rica, inv bases agreed upon in Washington, by the of Ue two great Powers of Great Britain States of the North, relative to the Tianits whieh existe between the State of Nicaragua and the republic of Costa Rica, and ‘vow of the ion Wwirich the supreme executive power has given to the same, dees res ‘Only articke—The assent wiherence and approval whieh erpmento! the republic has crvem, in the the #0} decree of the 16th inat., to the arreed upon in Wamh- ington, on the SOth of April last, by the representatives of the governmente of Great Britain and the United States, for an adjustment between the republic of Costa ica and the State of Nicaragua, relative to the question of territorial Limits, are approved. To the executive power. G-ven at the palace of the supreme Powers, at San Jose, ‘on the 28d day of the month of June, 1862. MIGUEL MORA, Vice Preevent. BRU MO CARHANTA, Secretary. J08b MARIA GARCTA, Seoretary The Nicaraguan covernment replied thus — THE DIRKCTOR OF THK STATA TO ITS INITARIT ANTS, Pe as oe it slat — hae decreed ag ows, the Senate and Cham Representative of the tate of Nicaragua in assembly constituted, decree: — Art. 1. The State of Nicaragua does not accept the projét of agreement or recommendatory bases adjuated on 80th of April last between his Excollency Daniel Webster, ey hoe tee oe Jobo ¥. ptow , Envoy nn team Minister Pie- nipotentiary of her Britannic Pes ee = ‘rritorial ‘jos of Nicaragua and Costa Rica, and for the separation of the Mosquito Art. 2, The State of Nicaragua is disposed to an exami nation (venéilar) of the questions referred to in eaid bases by @ impartial arbitrament. Art. 3. The State of Nicaragua solemnly protests against all foreign interference in matiors of her administration and agaivat the nse of farce to restrain her will aod rights, Done in the saloon of session of the Chamber of Repre- sontatives, Managua, July 14, 1802 Angostin Aviles, N. President, J. Joaquin Ouadrs, K. Seoretary, J Mar. Bo. lanes, RB. ‘To the Kxrewne. Hail of Senate, fantines Miguel R. Morales, 8. 8 Managua, July 16, 1862.— } Guerra, SB; Joes de Jesus Hed with Managua, Jaly 1, “alos e accosted at every tions an! govern oA potlations w