Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session of the Fortieth Congress
Mr. Dickinson to Mr. Seward
Sir: I transmit herewith a copy and translation of a note which I have received from the minister for foreign affairs of Nicaragua, complaining that the English residents on the Mosquito coast are governing, instead of being governed by, the Indians of that territory, and setting up various other pretensions on that coast, which Nicaragua believes to be an infringement upon her sovereign rights over the Mosquito territory, as defined by the treaty between Nicaragua [Page 691] and Great Britain of 28th January, 1860; and alleging also that those foreign residents are sustained in their proceedings and pretensions by the British government.
The note requests that the subject be communicated to the Department of State at Washington, and solicits the good offices of the United States in behalf of the efforts of Nicaragua to effect a peaceful settlement of the disputed questions.
At the time the note was handed to me, ex-President Martinez was about taking his departure from Managua, as envoy extraordinary and minister plenipotentiary to England, for the purpose of arriving, if possible, at some pacific solution of the questions in dispute, and I, therefore, at the verbal request of the minister for foreign affairs, sent a note to Mr. Adams, our minister at London enclosing a translation of the note before mentioned, a copy of which I transmit herewith.
I also append hereto a copy of my note in answer to that received from the government of Nicaragua.
In order that the subject may be presented in full, I append a translation of the Mosquito treaty hereinbefore mentioned, from which it strikes me that Great Britain has a little the best of the argument. But, nevertheless, I was willing to go as far as possible in my own good offices without compromising our government, and had no doubt that my government would also be willing to interpose its friendly mediation, to bring about, if possible, a settlement of these complicated questions.
I am, sir, very respectfully, your obedient servant,
Hon. William H. Seward, Secretary of Slate, Washington, D. C.
Señor Ayon to Mr. Dickinson
Mr. Minister: The government of the United States, which your excellency so worthily represents, as well as the other American governments, ought to remember how many efforts and how great sacrifices Nicaragua has made to recover her sovereign rights over the Mosquito coast, which the government of Great Britain disputed in the character of protector of a nation which it supposed to be formed by the Indians residing in that place; and that after a prolonged diplomatic discussion, in which Nicaragua was judged to have demonstrated by evidence the effectiveness of her ancient rights, with the much that was written for the American and English press elucidating the points controverted by Nicaragua and England, it resulted at last in the celebration of the treaty of the 28th of January, 1860, with which it was believed that those difficulties were satisfactorily settled.
My government remembers with satisfaction and gratitude the good offices which were then exerted by the United States to conduct the question to a reasonable termination, and the consideration of these services induces it now to acquaint you with the new emergencies which are arising with the British government in the execution of the treaty.
It has always been with my government a chief object to prevent the intervention of England which would establish in this republic a protectorate over those Indians, subjects of Nicaragua; and especially after the British government has acknowledged in the said treaty the sovereign rights of Nicaragua in the territory and on the coast of Mosquito, and the government of Nicaragua agreed therein that the Indians should govern themselves and govern the residents in the reserved territory according to their own customs or the regulations which from time to time might be adopted, provided they should not be opposed to the rights of Nicaragua.
But far from complying with the treaty in the essential point that the Indians should govern themselves and the residents within the reserved territory, it has come to pass that a reunion of English residents on that coast have elected as chief of the Mosquitoes an Indian child, giving him for guardian one of the same foreigners, who is to govern until the child becomes of age. It is now pretended by the English cabinet that Nicaragua must accept such election, and is obliged to comply with the treaty in favor of the foreigners who are governing in the name of the Indians.
[Page 692]My government maintains that by the treaty the Indians ought to govern themselves according to their customs, and to govern the residents in the reserved territory; and that it is in contravention of that stipulation, and also endangering the sovereign rights of Nicaragua, to permit those foreign residents to govern there instead of being governed by the Indians. Such proceedings lead to the belief that England wishes to continue the old intervention, changing only the name, for the reason that that of protectorate is thought to be odious and alarming.
And not solely to that are the pretensions of the British agents limited. Notwithstanding the fact that England has acknowledged in the treaty that the Mosquito coast, including the reserve, is an integral part of the territory of Nicaragua, and also that in the same treaty it is stipulated that Nicaragua can collect duties on the goods imported at San Juan del Norte for consumption in the republic, it is pretended now by the ministers of her Britannic Majesty that the same rights do not exist over those which are consumed in the territory referred to, and that this government cannot dispose of the woods along the banks of the river Wava belonging to Nicaragua.
His excellency the President desires to preserve the good relations which are happily cultivated with the government of her Britannic Majesty, but at the same time it is made his imperative duty to defend the sovereign rights of Nicaragua, with which object he has seen fit to accredit a minister plenipotentiary and envoy extraordinary to that court, to depart in a few days.
It is also believed that the government of the United States, from whose profound penetration the importance of these questions cannot be concealed, will lend its good offices to induce the British cabinet to comply literally with the treaty of January 28, 1860, of which I have the honor to transmit a copy.
And with the object that your excellency may submit the whole to the knowledge of the honorable minister of state in the department of foreign affairs of the government at Washington, I have received orders to address the present communication, in which, at the same time of complying, I have the honor of subscribing myself your excellency’s very attentive and obedient servant,
Hon. A. B. Dickinson, Minister Resident, &c., &c., &c.
Translation of the treaty between Great Britain and Nicaragua relative to the Mosquito territory.
Article 1. At the exchange of the ratifications of the present treaty, her Britannic Majesty, in conformity with the conditions and agreements specified in the same, and without affecting any questions of boundary between Nicaragua and Honduras, will recognize as an integral part and under the sovereignty of the republic of Nicaragua, the country occupied or reclaimed, up to this time, by the Indians of Mosquitia, within the frontiers of said republic, whatever that frontier may be. The British protectorate over said part of the Mosquito territory shall cease three months after the date of the exchange of the ratifications of said treaty, in order that the government of her Majesty may have time to give the necessary instructions to carry out the stipulations of said treaty.
Art. 2. There shall be assigned to the Indians of Mosquitia, within the territory of the republic of Nicaragua, a district of country which shall, as stipulated above, remain under the sovereignty of the republic of Nicaragua, Said district shall be embraced within a line which shall commence at the mouth of the river Rama in the Caribbean sea; thence up the middle of said stream to its source; thence westwardly with the meridian of Greenwich to 84° 15’ longitude west; thence north along said meridian to the river Hueso, and down said river, in the middle of the stream, to its mouth at the sea, according to Bailey’s map, to latitude 14° 15’ north and 83° longitude west from the meridian of Greenwich, and thence south, along the Caribbean coast, to the point of beginning. But the district thus assigned to the Mosquito Indians shall not be granted by them to any person or foreign State, but on the contrary it shall be and remain under the sovereignty of the republic of Nicaragua.
Art. 3. The Mosquito Indians residing within the district assigned to them by the foregoing article shall enjoy the right to govern themselves and all persons residing within said limits, according to their own customs and in conformity with rules which they may adopt from time to time, not incompatible with the sovereignty of Nicaragua. In conformity with the foregoing reserved right, the republic of Nicaragua covenants not to oppose said rules and customs thus established, or which may be established within said district.
Art. 4. Nevertheless, it is understood that nothing contained in this treaty shall at any time hereafter be interpreted to be an impediment to the full and absolute incorporation of the Mosquito Indians in the republic of Nicaragua upon the same footing as other citizens of the republic, to be governed by the laws and general rules of the republic in lieu of their own rules and customs.
Art. 5. The republic of Nicaragua, desirous of promoting the social condition of the Mosquito [Page 693] Indians, and to provide for the maintenance of the authorities to be established according to article third of this treaty, in the district reserved to said Indians, agrees to concede to said authorities, for such purpose, during the term of 10 years, the annual sum of $5,000. Said sum shall be paid at Greytown, in half-yearly payments, to the person authorized to receive it by the chief of the Mosquitoes, and the first payment shall be made six months after the exchange of the ratifications of this treaty. To pay this sum, Nicaragua shall levy and specially assign a tax on the weight of all bales and goods imported through that port for consumption in the territory of the republic; and in case the amount received from said tax shall not be sufficient for said purpose, then the said amount shall be taken from the other revenues of the republic.
Art. 6. Her Britannic Majesty agrees to use her good offices with the chief of the Mosquitoes in order that he shall accept the stipulations contained in this convention.
Art. 7. The republic of Nicaragua will constitute and declare the port of Greytown, or San Juan del Norte, a free port, under the sovereign authority of the republic. But the republic, taking into consideration the immunities which the people of Greytown have enjoyed up to this time, consents to the trial by jury in all civil and criminal cases, and to perfect liberty in religious belief, and to the free exercise of public and private worship the same shall be guaranteed to them in future in the same manner as they have enjoyed them up to this time. Vessels arriving at or sailing from said free port of Greytown shall be taxed with such charges only as shall be necessary to maintain safe navigation, such as light-houses, and to pay the police expenses of the port. Neither shall there be imposed duties or charges in said free port upon merchandise arriving there in transit from ocean to ocean.
But nothing contained in this article shall be interpreted to prevent the republic of Nica ragua from imposing the customary duties upon merchandise destined for consumption in the territory of the republic of Nicaragua.
Art. 8. All alienation of lands made in good faith and for just value by authority of the Mosquito Indians since the first day of January, 1848, situated outside of the limits of the territory reserved to said Mosquito Indians, shall be confirmed, provided the same shall not contain more than one hundred yards square within the town of Greytown, and one league square if situated outside of said limits: And provided further, That said alienation is not in contravention with anterior legal transfer made under the authority of Spain, the republic of Central America, or the State of Nicaragua: And provided further, That neither of said transfers includes territory that the government of Nicaragua requires for the construction of forts, arsenals, or other public buildings. This stipulation only includes those transfers of land made since the first day of January, 1848.
Nevertheless, in case any of the transfers referred to in the foregoing paragraph of this article shall be found to exceed the stipulated extent, the commissioners hereafter to be named, if they shall be convinced of the good faith of any of said transfers, shall concede to the holder or holders of the same, or their representative, an area only equal to the extent stipulated. And in case that any lands alienated in good faith shall be required by the government for forts, arsenals, or other public purposes, then an equal area of land shall be given to the holder in lieu of that taken.
It is understood that the alienations mentioned in this article shall not extend west beyond 84° 30’ of longitude of the territory reserved to the Mosquito Indians by article 2d. And should it be found that alienations have been made beyond that point, then the same shall be replaced by lands embraced within the limits of the territory agreed upon.
Art. 9. The republic of Nicaragua and her Britannic Majesty, within six months after the exchange of ratifications of the present treaty, shall name each one commissioner to decide upon the good faith of the alienations mentioned in article 8th, made by the Mosquito Indians, of lands up to this time possessed by them, and situated outside the limits of the territory described in article 1.
Art. 10. The commissioners mentioned in the preceding article shall meet as soon as practicable after receiving their appointment in the places hereinafter named; and before commencing business they shall make oath to decide formally, carefully, and impartially, according to their knowledge and belief, in accordance with justice and equity, without fear, favor, or affection to their own country, all the cases brought before them for their decision; and said decision shall be written in a book kept for registering their decisions. In all cases wherein said commissioners shall differ, they shall, before proceeding in any other case, name a third person, who shall act as arbitrator and best friend. In case they do not agree in the nomination of the third person, then each one of the commissioners shall name one person, and in all cases wherein the commissioners differ in opinion as to their decision, it shall be determined by lot which of the two persons thus named shall act as arbitrator or best friend in that particular case.
The person thus chosen, before proceeding to act, shall make oath in the form prescribed by the commissioners. This declaration shall be written in the registry of proceedings. In case of death, absence, negligence or declination, or incapacity of said persons to act or serve as arbitrator or best friend, other persons shall be named in their place as aforesaid for the same purpose, and shall sign the beforementioned declaration. The republic of Nicaragua and [Page 694] her Britannic Majesty agree that the decision of the two commissioners, or of the arbitrators or best friend, shall be final, and shall be put in immediate execution.
Art. 11. The commissioners, arbitrators and best friend shall keep an exact register of all their proceedings, and shall name all the clerks and assistants necessary to assist them in their proceedings.
The salaries of the commissioners and clerks shall be paid by their respective governments, and the salary of the arbitrators shall be paid one-half by each government.
Mr. Dickinson to Señor Ayon
Mr. Minister: I have the honor to acknowledge the receipt of your excellency’s esteemed note of the 13th instant, relative to the pretensions of British subjects and agents in the Mosquito territory and their growing tendency to encroach upon the sovereign rights of Nicaragua, and to say that I am preparing to send by the next steamer a copy and translation of the same to the Secretary of State at Washington. I also send by your minister to England, who goes out by the same steamer, a note to the minister of the United States at London, commending the subject to his good offices, and enclosing to him a translation of your note.
Sincerely hoping that the questions may be amicably settled, I have the honor to be your excellency’s very obedient servant,
His Excellency Señor Tomas Ayon, Minister of Foreign Relations, &c., &c., &c.
Mr. Dickinson to Mr. Adams
Sir: I transmit to you a translation of a note which I have received from the minister for foreign affairs of this government, showing that certain agents of the British government are disposed to revive their old protectorate over the Mosquito coast, which Nicaragua regards as an infringement upon her sovereignty.
I also transmit the same to the Department of State at Washington.
Should you be able, by your good offices, to contribute in any manner towards a settlement of this vexed question between the two countries, you would be not only preventing much future trouble, but acting, as it seems to me, in accordance with the uniform policy of our government.
I am, sir, &c,
Charles Francis Adams, Esq., &c., &c., &c., London.