Note 54 — Chapter III · OUTLINE OF NEGOTIATIONS IN RESPECT TO THE PROPOSED CANAL.

This treaty was ratified by the United States, less on the merits of the guarantee which it extended to the projected canal, than because it was understood to put an end to the obnoxious protectorate, amounting to absolute dominion, of Great Britain on the Mosquito Shore. Such was the understanding of the treaty by Mr. Clayton, the negotiator on the part of the United States, who, in a despatch under date of May 7, 1850, said, in reference to it:

“Department of State “Washington, May 7, 1850.}

“E. G. Squier, etc., etc.:

“Sir:—* * * It is proper that I should now inform you that I have negotiated a treaty with Sir Henry Bulwer, the object of which is to secure the protection of the British government to the Nicaraguan canal, and to liberate Central America from the dominion of any foreign power.

* * * * * * * * * *

“I hope and believe that this treaty will prove equally honorable both to Great Britain and the United States, the more especially as it secures the weak sister republics of Central America from foreign aggression. All other nations that shall navigate the canal will have to become guarantors of the neutrality of Central America and the Mosquito Coast. The agreement is, ‘not to erect or maintain any fortifications commanding the canal, or in the vicinity thereof; nor to occupy, fortify, colonize, or assume or exercise any dominion whatever over any part of Nicaragua, Costa Rica, the Mosquito Coast, or Central America; nor to make use of any protection or alliance, for any of these purposes.’

“Great Britain having thus far made an agreement with us for the great and philanthropic purpose of opening the ship communication through the isthmus, it will now be most desirable immediately after the ratification of the treaty, on both sides, that you should cultivate the most friendly relations with the British agents in that country, who will hereafter have to devote their energies and coöperation with ours, to the accomplishment of the great work designed by the treaty. Kindness and conciliation are most earnestly recommended by me to you. I trust that means will speedily be adopted by Great Britain to extinguish the Indian title, with the help of the Nicaraguans, or the company, within what we consider to be the limits of Nicaragua. We have never acknowledged, and never can acknowledge, the existence of any claim of sovereignty in the Mosquito king, or any other Indian in America. To do so, would be to deny the title of the United States to our own territories. Having always regarded an Indian title as a mere right of occupancy, we can never agree that such a title should be treated otherwise than as a thing to be extinguished at the will of the discoverer of the country. Upon the ratification of the treaty, Great Britain will no longer have any interest to deny this principle, which she has recognized in every other case in common with us. Her protectorate will be reduced to a shadow—‘Stat nominis umbra’; for she can neither occupy, fortify, nor colonize, or exercise dominion or control in any part of the Mosquito Coast or Central America. To attempt to do either of these things, after the exchange of ratifications, would inevitably produce a rupture with the United States. By the terms neither party can occupy to protect, nor protect to occupy.

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(Signed) |“John M. Clayton.”|