(Vide 1 Kent’s Commentaries, 100. United States Statutes at large, 175, Act of March 3d, 1847, to provide for the punishment of piracy in certain cases. Mr. Polk’s message to Congress of December 8, 1846.)
General conversation about privateering.
The object of the treaty was to change the law of nations in this respect, and Lord Clarendon said that if England, France and the United States should enter into it, the others would soon follow. The project contained a stipulation that the person who took a commission as a privateer should give security that he would not employ any persons as sailors on board who were not subjects or citizens of the nation granting the commission.
March 22, 1854. At her majesty’s drawing-room this day, Lord Clarendon told me that they had given up the project of the treaty, etc., etc.
The whole object of the negotiation in reference to the affairs of Central America was to develop and ascertain the precise differences between the two governments in regard to the construction of the Clayton-Bulwer treaty. As the negotiation had become interrupted by the war with Russia, and as it was not probable that it could be brought to a definite issue while that war continued, Mr. Buchanan desired to return home. But Mr. Marcy earnestly desired him to remain, saying in answer to his request to be relieved: “The negotiation cannot be committed to any one who so well understands the subject in all its bearings as you do, or who can so ably sustain and carry out the views of the United States.” Mr. Buchanan therefore remained and pressed upon Lord Clarendon a further discussion of the subject, saying in a formal note:
“The President has directed the undersigned, before retiring from his mission, to request from the British government a statement of the positions which it has determined to maintain in regard to the Bay Islands, the territory between the Sibun and Sarstoon, as well as the Belize settlement and the Mosquito protectorate. The long delay in asking for this information has proceeded from the President’s reluctance to manifest any impatience on this important subject whilst the attention of her Majesty’s government was engaged by the war with Russia. But as more than a year has already elapsed since the termination of the discussion on these subjects, and as the first session of the new Congress is speedily approaching, the President does not feel that he would be justified in any longer delay.”
There had been submitted by Mr. Buchanan to Lord Clarendon on the 6th of January, 1854, a detailed statement of the views of the United States, which was not answered until the 2d of May following. On the 22d of July Mr. Buchanan made an elaborate reply, containing a historical review of all the matters in dispute. It reduced the whole controversy respecting the Clayton-Bulwer treaty to the following points:
What, then, is the fair construction of the article? It embraces two objects. 1. It declares that neither of the parties shall ever acquire any exclusive control over the ship canal to be constructed between the Atlantic and the Pacific, by the route of the river San Juan de Nicaragua, and that neither of them shall ever erect or maintain any fortifications commanding the same or in the vicinity thereof. In regard to this stipulation, no disagreement is known to exist between the parties. But the article proceeds further in its mutually self-denying policy, and in the second place, declares that neither of the parties ‘will occupy, or fortify, or colonize, or assume, or exercise any dominion over Nicaragua[Nicaragua], Costa Rica, the Mosquito coast, or any part of Central America.’
We now reach the true point. Does this language require that Great Britain shall withdraw from her existing possessions in Central America, including ‘the Mosquito coast?’ The language peculiarly applicable to this coast will find a more appropriate place in a subsequent portion of these remarks.
If any person enters into a solemn and explicit agreement that he will not “occupy” any given tract of country then actually occupied by him, can any proposition be clearer, than that he is bound by his agreement to withdraw from such occupancy? Were this not the case, these words would have no meaning, and the agreement would become a mere nullity. Nay more, in its effect it would amount to a confirmation of the party in the possession of that very territory which he had bound himself not to occupy, and would practically be equivalent to an agreement that he should remain in possession—a contradiction in terms. It is difficult to comment on language which appears so plain, or to offer arguments to prove that the meaning of words is not directly opposite to their well-known signification.