Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, with the Annual Message of the President, December 6, 1875, Volume I
No. 105.
Mr. Williamson to Mr. Fish.
Guatemala, February 2, 1875. (Received March 11.)
Sir: I have the honor to inclose you correspondence with the minister of foreign affairs of Nicaragua, on the subject of the pretensions of the “Mosquito King,” together with copies of the originals and translations of all the documents he sent me therewith, except the proclamation of the said “so-called king,” which was sent with my No. 289,* dated January 6, 1875.
Tour attention is especially called to the following words in the note of the minister, at the close of the last paragraph, to wit: “And it would wish to know on what assistance it could be able to count, on the part of the United States, in bringing to a conclusion its measures.”
I hope my reply to this vague language of apparent curiosity is sufficiently general, and may prove acceptable to you.
I take occasion to say that I have frequently observed a disposition upon the part of the diplomats of this quarter to emphasize their construction of the Clayton and Bulwer treaty, either against the United States or Great Britain, as they may think danger or menace of danger is threatening from one or the other of those powers. It may be I do not fully understand the scope and true intent of that treaty, or may be mistaken in supposing whatever good can result from it has been fully accomplished; but I do not think I am mistaken in saying it is construed throughout Central America as being far more valuable to these countries than to either of the high contracting powers.
In fact many expressions here might lead one to suppose it was made for the special benefit of the Central American states.
I have, &c.,
Mr. Rivas to Mr. Williamson.
Managua, January 5, 1875.
Sir: I have received instructions to give information to your excellency of the address that the so-called king of the Mosquitia tribe directed to the council and people on the act of taking possession of the government in September, 1874.
[Page 150]From trustworthy information it is known that H. B. M.’s frigate, named the Eclipse, Capt. T. E. Erskine, provided, in a Nicaraguan island, (Corn Island,) a meeting of the so-called king and his court, and it is whispered that the object of that frigate is to protect the Moscos in their pretension of declaring annulled the convention of Managua relative to Mosquitia, on the pretext that they do not have to adhere to said convention. Opposed to this pretext we have the execution of the pact, in virtue of which San Juan del Norte and all the coast, with the exception of the “Reserve,” returned to Nicaragua, and the fact of the Indians having received two annual payments of the stipulated subvention.
My government has given instructions to the governor intendente of San Juan del Norte for the arrangement and payment of the residue of said subvention, in order to remove all pretexts to the Indians of failure of fulfillment on the part of Nicaragua.
It undoubtedly appears that British subjects have suggested to the Indians subversive ideas, and of a tendency to induce them to erect themselves into an independent nation, and it is an undeniable fact that although England has separated herself from the Mosquitia protectorate by the convention of Managua, the British influence has been maintained in that region by means of English subjects. My government believes that it is already time to be adopted on the part of Nicaragua efficacious measures to make respected the sovereignty of the republic, and it would wish to know on what assistance it could be able to count, on the part of the United States, in bringing to a conclusion its measures.
Will your excellency be pleased to transmit me your ideas upon this affair, and to accept the respectful consideration with which I subscribe myself,
Your excellency’s attentive servant,
P. S.—I inclose to your excellency a copy of the measures dictated by this government in consequence of the conduct observed by the chiefs of Mosquitia.
Hon. Geo. Williamson,
Minister of the United States in Central America.
Instructions of Barberena to the governor of San Juan del Norte.
Señor Governor-Intendente of San Juan del Norte:
With your esteemed favor of the 15th of December last the undersigned received the copy that you were pleased to inclose of an address that in September last the chief of the Mosquitia tribe of Bluefields addressed to the inhabitants of the district of the reserve, making known to them his intentions and purposes in reference to the government and administration of said district, which territory he considers independent of the Republic of Nicaragua, of which it is without doubt an integral part; and assuming the character of a sovereign of a nation that never has existed, nor exists at this time, with which pretext it is proposed to place it in relations with the other nations of the world.
The document alluded to the undersigned brought to the knowledge of his excellency the President, who, impressed by these designs, has taken care to answer that the government cannot see with indifference the aspirations that are contained in it, and the manifest designs of the said chief, or, perhaps, of the persons who, for particular designs or interests, try that means to disregard the sovereignty of the republic, and to separate that part of its territory that, by legitimate and incontrovertible title, belongs to it.
You know that by the convention of Managua of the 28th of January, 1860, celebrated between the government of Her Britannic Majesty and that of Nicaragua, it was expressly stipulated that the district of the Mosquitia Reserve returned to the control of Nicaragua, to which sovereignty it belonged, and is recognized as an integral part of the territory of the republic. It was also stipulated that the British protectorate which in fact was exercised in that territory should cease three months after the exchange of the ratification of the said convention; and, finally, it was stipulated that the Mosquitia Indians of the reserve should govern themselves, according to their own customs and the regulations that should be from time to time adopted by them, they not being incompatible with the sovereign rights of Nicaragua.
So it is that the reserve is not any other thing than a district of the republic; it forms an integral part of her territory; her sovereignty is recognized and ought to be exercised in it; and the authorities that there pretend to any importance do not have, nor can assume, any other character than a purely local one, and the usages and regulations they emit can only be added to their municipal code. Therefore the pretensions [Page 151] of the chief of the tribe to entitle himself king, and under this idea to place himself in relations with the nations of the world, to maintain an organized council of chiefs and representatives of Mosquitia, and for other purposes, by the title, are absurd pretensions, destitute of foundation, and that the government of Nicaragua ought not in any manner to consent to nor tolerate it.
It is to be presumed that all of these acts are done without the knowledge of Her Britannic Majesty’s government, and that some persons, through motives of speculation, may be the instigators of such proceedings, since it is not to be supposed that a government so illustrious as that of the English nation, and so jealous of its dignity, would wish to contravene stipulations so explicit as those in which is constituted the ratification of the convention above mentioned.
However much it is sought, there will not be found any plausible reason that can justify the pretensions of the chief of the reserve, since, if there should wish to be alleged a failure in the payment of the subvention stipulated in the convention referred to, this would not be a motive to authorize such a procedure;. nor has the government of Nicaragua refused to pay, being, as it always has been, disposed to complete it as soon as there is an authorized person to whom it can intrust the sum agreed upon.
Leaving these considerations, the undersigned has received an order from his excellency the President to say to you that you immediately address a communication to the chief of the reserve, making known that the district, in which he pretends his importance, belongs to Nicaragua; that it is an integral part of her territory, and subject of its own accord to her sovereignty; that, in his capacity of chief, he is only a local authority, without other attributes than those of governing the inhabitants of the district in that concerning its municipal code in conformity with established customs and regulations emitted, without wounding in any manner the sovereign rights of Nicaragua; and that the government will never consent that the said chief may take any measure nor execute any act opposed to the sovereignty of this nation; and that in a contrary case it will see itself in the necessity of taking that attitude that it may deem best, and of dictating all the measures the circumstances may demand.
This communication you will try to prepare in terms circumspect and moderate, avoiding recriminations and fault-finding, which, instead of being useful, may be prejudicial, and taking care, above all things, to make the said chief understand the good disposition of this government in respect to those inhabitants whom it considers as members of the Nicaraguan family; and you will address it clearly, carefully, and suitably for the carrying out of its purpose.
In the same communication, or in another separate one, you will make known to the said chief that the government is disposed to pay the annual residue of the subvention, and that, for this purpose, he can come to that port or name a commission to represent him in arranging the terms of the payment; and if he refuses this, then you, in the name of the government, will direct to him a formal protest, exempting Nicaragua from any responsibility whatever that by this incident he should wish to exact.
As, according to what has already been said, it is to be presumed that the proceedings of the chief of the reserve may be unknown to the British government, it is advised to you that you place them in the knowledge of the English consular agent who resides in that city, making apparent the want of authority and illegality of that conduct.
Of the result of all, you will in due time give an account to the minister.
In such terms I confirm to you your official duty, signing myself of the señor governor-intendent, with marks of appreciation and esteem, the attentive servant.
Barberena.
DECREE OF THE GOVERNMENT OF NICARAGUA.
the government.
Inasmuch as the district of the Mosquitia Reserve, as an integral part of the territory of the republic and subject to her sovereignty, needs the inspection and immediate supervision of the executive; as this inspection is made so much the more necessary since, according to positive information, the chief of the Mosquitia Indians of the said reserve is inclined to assume a character that does not correspond to, nor is permitted by, the laws; since, for the same reason, it is the duty of the government to take measures of avoiding that in said district abuses should be committed that would redound to the injury of the sovereignty of the nation, and considering that one of these measures is to extend to the said district the jurisdiction of the govern or-intendent of San Juan del Norte in the use of its powers, decrees: [Page 152]
- 1st.
- The governor-intendent of San Juan del Norte, in addition to the powers that by the laws belong to him in the district of his command, will exercise jurisdiction in that of the Mosquitia Reserve, in all that is not opposed to the usuages and customs of the inhabitants of said reserve, and the regulations that may have been adopted not being incompatible with the sovereign rights of Nicaragua.
- 2d.
- In consequence, the governor-intendent will watch that in the district of the reserve the sovereignty of Nicaragua may be respected, and that those authorities, in the exercise of their functions, may be solely limited to a purely municipal rule, which is the only one that is permitted by the convention of the 28th of January, 1860.
- 3d.
- The governor-intendent will likewise take care that in the local administration of said district no foreign authority shall intermeddle, and that the regulations that are issued shall not oppose in any manner the sovereign rights of the nation.
- 4th.
- The governor-intendent will himself also take care that in the said district the consuls of foreign nations that come to establish themselves in it shall obtain their exequaturs from the government of the republic, without which requisite they shall not be able to perform duties.
- 5th.
- The present decree is additional to the regulations of the port of San Juan del Norte of the 20th of February, 1861.
Let it be communicated.
- QUADRA.
- Barberena, The Minister of the Government.
A true copy.
Mr. Williamson to Mr. Rivas.
Guatemala, February 2, 1875.
Sir: I have the pleasure of acknowledging the receipt of your note of the 5th of January, together with its interesting accompaniments, all of which will be communicated to my Government by the first mail.
It is hoped the steps your excellency’s government has taken to suppress what seems to be an incipient defiance of its authority in Mosquitia may result satisfactorily.
The traditional policy of the United States warrants the assurance that my Government cannot look with favor upon any attempt to dismember the integrity of the territory of Nicaragua, whether such attempt be made by citizens of a European state, using as their cloak the pretensions of a so-called “king,” and professing to act upon their individual responsibility, or with the open assistance of their governments.
As soon as the instructions from the Secretary of State are received, I shall have the pleasure of again communicating with your excellency upon this subject.
I have the honor to renew to your excellency the assurance of my distinguished consideration, and remain
Your obedient servant,
P. S.—Since writing the foregoing note, I beg to inform your excellency that it has been my good fortune to have had a conversation on the subject with the British minister resident here, and he assures me he has no knowledge of the pretensions of the “Mosquitia king.”
Your obedient servant,
His Excellency Señor Licenciado Don A. H.
Rivas,
Minister of Foreign Affairs,
Nicaragua.
- Ante.↩