throughout the whole negotiation to leave as the treaty leaves it, without denying, affirming, or in any way meddling with the same, just as it stood previously. The chairman of the Committee on Foreign Relations of the Senate, the Hon. William R. King, informs me that "the Senate perfectly understood that the treaty did not include British Honduras." It was understood to apply to, and does include, all the Central American States of Guatemala, Honduras, San Salvador, Nicaragua, and Costa Rica, with their just limits and proper dependencies. The difficulty that now arises seems to spring from the use in our convention of the term "Central America," which we adopted because Viscount Palmerston had assented to it and used it as the proper term, we naturally supposing that on this account it would be satisfactory to your Government. But if your Government now intend to delay the exchange of ratifications until we shall have fixed the precise limits of Central America, we must defer further action until we have further information on both sides, to which at present we have no means of resort, and which it is certain we could not obtain before the term fixed for exchanging the ratifications would expire. It is not to be imagined that such is the object of your Government; for not only would this course delay, but absolutely defeat the convention. Of course no alteration could be made in the convention, as it now stands, without referring the same to the Senate, and I do not understand you as having authority to propose any alteration. But on some future occasion a conventional article, clearly stating what are the limits of Central America, might become advisable. Under the reclamation contained in this declaration on the part of the British Government, and in the reply contained in the note of the Secretary of State, the ratifications were exchanged on the 4th July, 1850, and on the next day a memorandum having reference thereto was filed by the Secretary in his department in the following words: [Memorandum.] DEPARTMENT OF STATE, The within declaration of Sir H. L. Bulwer was received by me on the 29th day of June, 1850. In reply I wrote him my note of the 4th of July, acknowledging that I understood British Honduras was not embraced in the treaty of the 19th day of April last, but at the same time carefully declining to affirm or deny the British title in their settlement or its alleged dependencies. After signing my note last night I delivered it to Sir Henry, and we immediately proceeded, without any further or other action, to exchange the ratifications of said treaty. The consent of the Senate to the declaration was not required, and the treaty was ratified as it stood when it was made. JOHN M. CLAYTON. N. B.-The rights of no Central American State have been compromised by the treaty or by any part of the negotiations. The terms of this declaration on the part of the British Government are full and explicit, and would seem intended to reserve the territory mentioned from the operation of the treaty; that is to say, if "Her Majesty's settlement at Honduras or its dependencies" did in fact form "part of Central America," then the treaty is to be so construed by the declaration as to exclude them from it. The reply of the Secretary is amplified beyond the simple and precise meaning of the declaration. He says: To this settlement and these islands (the alleged dependencies) the treaty we negotiated was not intended by either of us to apply. Although the terms used by the Secretary would seem to be coextensive with those in the "declaration," yet the meaning he gives them is clearly developed in what immediately follows, by which he strictly confines them to the "title" only. He says, in substance, that nothing contained in the treaty was intended in any way to affect. the title, whatever it might be, of Great Britain to those possessions. It was not to be affirmed or disaffirmed, but was to remain precisely where the treaty found it. In further development of this meaning the Secretary proceeds: The difficulty that now arises seems to spring from the use in our convention of the term "Central America," etc. But if your Government now intends to delay the exchange of ratifications until we shall have fixed the precise limits of Central America we must defer further action until we have further information on both sides, etc. And again: Of course no alteration could be made in the convention as it stands without referring the same to the Senate; and I do not understand you as having authority to propose any alteration. But on some future occasion a conventional article, clearly stating what are the limits of Central America, might become advisable. It thus appears to the committee that the British Government required, as a condition to exchange of ratifications, an acknowledgment on the part of this Government that none of the "engagements" of the convention were to apply to their settlements at Hondurasthat is to say, as to "colonizing," "occupying," "fortifying," etc. This was declined by the Secretary of State; but he admitted that nothing in the convention was to be considered as affecting the "title" of Great Britain to her possessions in that quarter, which was simply to remain unprejudiced by the treaty. The geographic position of these settlements, and whether they are or are not in Central America," is left entirely an open question so far as this letter of the Secretary is concerned. It affirms only that, wherever they be, the treaty is to have no effect upon the "title." And on this head he further explains himself that if the British Government means by its "declaration to require a committal as to the precise limits of Central America, that could only be effected by an alteration of the treaty and a further reference to the Senate; yet, as it might become necessary at a future day for the two Governments to determine these limits, he suggests that it had better be left to a future conventional article." What occasion was there to determine the limits of Central America but to settle the question whether these British possessions were or were not within them; and thus whether the engagements of the treaty did or did not apply to them; and to do this, the Secretary informed the minister of England, would require an alteration of the treaty and a further reference to the Senate. In this posture of the question made by the British "declaration," ratifications were formally exchanged by the British plenipotentiary, constituting a substantial waiver, or a reference to future negotiations of all that was not conceded by the Secretary's note. And the committee therefore conclude that the treaty remains unembarrassed in its operations by anything that intervened between its ratification by the Senate and its consummation by exchange of ratification, except so far as the "title" of Great Britain at the Belize may be concerned. Whether by fair and legitimate construction the text of the treaty would annul or impair this title and, in such case, what weight or efficiency should be ascribed to the concession of the Secretary of State, are questions which, in the opinion of the committee, it will be proper to consider only when they shall arise between the two Governments. On the whole, the committee therefore report, as their opinion, to the Senate That the islands of Roatan, Bonacca, Utilla, Barbarat, Helené, and Morat, in and near the Bay of Honduras, constitute part of the territory of the Republic of Honduras, and therefore form a part of "Central America," and, in consequence, that any occupation or colonization of these islands by Great Britain would be a violation of the treaty of the 19th of April, 1850. The committee, from the information before them, entertain a decided opinion that the British settlements at Belize, as defined by the treaties with Spain, lie within the territory of the Republic of Guatemala, and so equally constitute a part of "Central America." Should such be the fact, whilst the committee are not prepared to say that the engagements of the treaty of 1850 would require that those settlements shall be abandoned and discontinued on the part of Great Britain, yet this Government would have just cause of complaint against any extension of the limits of these settlements beyond those prescribed by Spain or as further allowed by the republics where they may be found, and that in any manner to enlarge or change the character of those settlements by any mode of jurisdiction would be in violation of said treaty. And in the event of its being ascertained hereafter that these British settlements on Honduras Bay lie in whole or in part north and west of the proper boundaries of Guatemala, though they would not in such case form any part of Central America, and thus not within the strict engagements of the treaty, yet that any colonies or other permanent establishments there by Great Britain or any European power must necessarily excite the most anxious concern of this Government, and would, if persisted in, lead to consequences of most unpleasant character. On the resolution of the Senate referred to the committee they report the following: Resolved (as the opinion of the committee), That the declaration on the part of the British Government, and the reply thereto by the Secretary of State, as preliminary to the exchange of ratifications of the treaty concluded at Washington between the Governments of Great Britain and the United States on the 19th April, 1850, import nothing more than an admission on the part of the two Governments or their functionaries at the time of such exchange that nothing contained in the treaty was to be considered as affecting the title or existing rights of Great Britain to the English settlements in Honduras Bay. And, consequently, in the opinion of the committee, that no measures are necessary on the part of the Senate to be taken because of such declaration and reply. February 17, 1853. On the message of the President in relation to the exchange of ratifications of the general convention with the Republic of San Salvador, Mr. Mason reported as follows: Whereas the time limited by the resolution of the Senate of the twenty-seventh September, eighteen hundred and fifty, for the exchange of the ratifications of the general convention of peace, amity, commerce, and navigation between the United States and the Republic of San Salvador, concluded at Leon, in Nicaragua, on the second of January, eighteen hundred and fifty, having expired before the said exchange of ratifications could be effected, and the ratifications of the said general convention having been since exchanged, notwithstanding such limitation, but upon the condition that the said general convention is not to be binding upon either of the parties thereto, or to be published by either, until the Senate of the United States shall have duly sanctioned the exchange of ratifications aforesaid: Therefore, Resolved (two-thirds of the Senators present concurring), That the Senate advise and consent to the said exchange of ratifications of the general convention of peace, amity, commerce, and navigation between the United States and the Republic of San Salvador, concluded at Leon, in Nicaragua, on the second January, eighteen hundred and fifty, and the publication thereof, the limitations contained in the said general convention and in the resolution of the Senate of the twentyseventh September, eighteen hundred and fifty, to the contrary notwithstanding. (Ex. Jour., vol. 9, pp. 32, 144.) THIRTY-THIRD CONGRESS, SPECIAL SESSION. March 9, 1853. Mr. Mason made the following report: The Committee on Foreign Relations, to whom was referred the convention between the United States of America and the Kingdom of Belgium for regulating the right of inheriting and acquiring property, concluded at the city of Washington the 25th day of August, 1852, beg to report it to the Senate with certain amendments, and to recommend that the amendments be agreed to and that the convention be advised and consented to as amended. The amendments are as follows: Insert the following as a new article: ARTICLE III. It is hereby understood that the stipulations of Article I, inasmuch as they concern immovable property, and that those of Article II shall be applicable in those States only of the Union the legislation of which is not contrary to said stipulations. Change the numbers of the subsequent articles of the convention to correspond. THIRTY-THIRD CONGRESS, FIRST SESSION. January 24, 1854. Mr. Mason made the following report: The Committee on Foreign Relations, to whom was referred the treaty of friendship, commerce, and navigation between the United States and Paraguay, concluded and signed in the city of Assumption on the 4th day of March, 1853, beg to report the same to the Senate and to recommend its ratification with a supplemental article which, if adopted by Paraguay, shall be in lieu of the fifteenth article of the treaty, as follows: Article 15. Strike out the following words: "And if a year before the expiration of that term neither the one nor the other contracting party shall announce by an official declaration its intention to put an end to the effect of said treaty, it shall continue for a year longer, so that it in this case (it) shall cease to be binding at the expiration of seven years, counted from the above-mentioned day of the exchange of the ratifications," and insert the following in lieu thereof: And, further, until the end of twelve months after the Government of the United States of America, on the one part, or that of the Paraguay Government, on the other, shall have given notice of its intention of terminating the same. (Ex. Jour., vol. 9, pp. 216, 316.) March 9, 1854. On the treaty with Mexico, Mr. Mason reported as follows: The Committee on Foreign Relations, to whom was referred the treaty between the United States of America and the Mexican Republic, of the 30th December, 1853, report the same to the Senate with the following amendments: Article 1, after the word "lake," at the end of the first clause, insert Provided, That "the most northern part of the Gulf of California" mentioned in this article shall be indicated by a parallel of latitude to be drawn at the distance of one marine league from the most southern point of the island called "Montague Island," as the same is laid down on the chart of "the reconnaissance of the Colorado River," by George H. Derby, lieutenant, United States Topographical Engineers, December, 1850, which chart, attested by the signature of the Secretary of State of the United States, and bearing the seal of the Department of State of the United States, for greater certainty, is hereto annexed. Article 2, line 10, strike out the word "obligation" and insert obligations. Article 2, line 12, after the word "Guadaloupe," insert And the thirty-third article of a treaty of amity, commerce, and navigation between the United States of America and the United Mexican States concluded at Mexico on the 5th day of April, in the year 1831. Article 2, line 12, strike out the word "has" and insert have. Article 4, line 33, after the word "and," insert whichsoever place of meeting may be designated. And the committee recommend that the amendments proposed by the President be agreed to by the Senate with the addition and modification specified in their proper places in the said amendments as following, viz: Article 2, at the end thereof, add the following: And the Government of Mexico agrees that the stipulations contained in this article to be performed by the United States shall be reciprocal, and Mexico shall be under like obligations to the United States and the citizens thereof as those hereinabove imposed on the latter in favor of the Republic of Mexico and Mexican citizens. Article 3, strike out the whole of the same and insert the following in lieu thereof: ARTICLE 3. In consideration of the grants received by the United States and the obligations relinquished by the Mexican Republic pursuant to this treaty, the former agree to pay to the latter the sum of fifteen millions of dollars in gold or silver coin at the Treasury in Washington, one-fifth of the amount on the exchange of ratifications of the present treaty at Washington and the remaining four-fifths in monthly installments of three millions each, with interest at the rate of six per cent per annum until the whole be paid, the Government of the United States reserving the right to pay up the whole sum of fifteen millions at an earlier date, as may be to it convenient. |