Memorial says, 'We beg leave to state the nature of His Majesty's territorial right, perceiving with alarm, from papers submitted to our inspection, that endeavours have been made to create doubts as to His Majesty's just claims to the sovereignty of this valuable and delightful country. The native Indians of this country have never submitted to the Spanish Government. The Spaniards never had any settlement amongst them. During the course of 150 years they have maintained a strict and uninterrupted alliance with the subjects of Great Britain. They made a free and formal cession of the dominion of their country to His Majesty's predecessors, acknowledging the King of Great Britain for their sovereign, long before the American Treaty concluded at Madrid in 1670; and consequently, by the eighth Article of that Treaty, our right was declared[16].' In one Memorial and Remonstrance which was presented to the British Ministry on the final ratification (in 1786) of the Treaty, it is complained, that thereby his Majesty had given up to the King of Spain 'the Indian people, and country of the Mosquito Shore, which formed the most secure West-Indian Province possessed by Great Britain, and which we held by the most pure and perfect title of sovereignty.' Much of this is digression; but the subject unavoidably came into notice, and could not be hastily quitted.
Some mercantile arrangement, said to be advantageous to Great Britain, but which has been disputed, was the publicly assigned motive to this act. It has been conjectured that a desire to shew civility to the Prime Minister of Spain was the real motive. Only blindness or want of information could give either of these considerations such fatal influence.
The making over, or transferring, inhabited territory from
the dominion and jurisdiction of one state to that of another, has been practised not always with regard for propriety. It has been done sometimes unavoidably, sometimes justly, and sometimes inexecusably. Unavoidably, when a weaker state is necessitated to submit to the exactions of a stronger. Justly, when the inhabitants of the territory it is proposed to transfer, are consulted, and give their consent. Also it may be reckoned just to exercise the power of transferring a conquered territory, the inhabitants of which have not been received and adopted as fellow subjects with the subjects of the state under whose power it had fallen.
The inhabitants of a territory who with their lands are transferred to the dominion of a new state without their inclinations being consulted, are placed in the condition of a conquered people.
The connexion of the Mosquito people with Great Britain was formed in friendship, and was on each side a voluntary engagement. That it was an engagement, should be no question. In equity and honour, whoever permits it to be believed that he has entered into an engagement, thereby becomes engaged. The Mosquito people were known to believe, and had been allowed to continue in the belief, that they were permanently united to the British. The Governors of Jamaica giving commissions for the instalment of their chief, the building a fort, and placing a garrison in the country, shew both acceptance of their submission and exercise of sovereignty.
Vattel has described this case. He says, 'When a nation has not sufficient strength of itself, and is not in a condition to resist its enemies, it may lawfully submit to a more powerful nation on certain conditions upon which they shall come to an agreement; and the pact or treaty of submission will be afterwards the measure and rule of the rights of each. For
that which submits, resigning a right it possessed, and conveying it to another, has an absolute power to make this conveyance upon what conditions it pleases; and the other, by accepting the submission on this footing, engages to observe religiously all the clauses in the treaty.
When a nation has placed itself under the protection of another that is more powerful, or has submitted to it with a view of protection; if this last does not effectually grant its protection when wanted, it is manifest that by failing in its engagements it loses the rights it had acquired.'
The rights lost or relinquished by Great Britain might possibly be of small import to her; but the loss of our protection was of infinite consequence to the Mosquito people. Advantages supposed or real gained to Great Britain, is not to be pleaded in excuse or palliation for withdrawing her protection; for that would seem to imply that an engagement is more or less binding according to the greater or less interest there may be in observing it. But if there had been no engagement, the length and steadiness of their attachment to Great Britain would have entitled them to her protection, and the nature of the case rendered the obligation sacred; for be it repeated, that experience had shewn the delivering them up to the dominion of the Spaniards, was delivering them to certain slavery and death. These considerations possibly might not occur, for there seems to have been a want of information on the subject in the British Ministry, and also a want of attention to the remonstrances made. The Mosquito Country, and the native inhabitants, the best affected and most constant of all the friends the British ever had, were abandoned in the summer of 1787, to the Spaniards, the known exterminators of millions of the native Americans, and who were moreover incensed against the Mosquito men, for the part they had