fered to negotiate, and define the respective rights of England and Spain, but the latter refused. Immediately after the conquest of Jamaica the governors of that island turned their attention to the pirates; and, finding their reduction too difficult a work, sought to take advan tage by regulation of what they could not destroy by force. The stringent measures they took induced many to abandon their dangerous avocation, and retire to the Indians of Yucatan, Honduras, and Nicaragua, with whom they had been in intercourse for many years, and hence the great increase of the English trade in logwood, and subsequently in mahogany. The Mosquito Indians about Cape Gracias a Dios had been repeatedly stimulated by the Dutch, French, and English adventurers during the several wars against Spain, to join in the expeditions against the Spanish settlements, and indeed were on such friendly terms with all that each claims the priority of intimacy with them. The earliest attempt of the English to tamper with them was under Sir Thomas Modyford, governor of Jamaica, about 1677. His proceedings were not approved, and in 1670 he was arrested and sent to England. The illicit trade in logwood and other things from Campeche to the Bay of Honduras and the Mosquito country had become so offensive to Spain, who feared that it might cover a permanent occupation, that she was induced to enter into the treaty of 1670, which yields to England the islands she had conquered in the West Indies, defined for the first time the respective rights of the parties, and has been made the basis of all subsequent treaties. This brings me to the second position of the British Government. By the seventh article of the treaty of Madrid "it is agreed that the most Serene King of Great Britain, his heirs and successors, shall have, hold, keep, and enjoy forever, with plenary right of sovereignty, dominion, possession, and propriety, all those lands, regions, islands, colonies, and places whatsoever being or situated in the West Indies, or any part of America, which the said King of Great Britain, or his subjects, do at present hold and possess." It is plainly of great importance to the present inquiry to determine what lands, regions, islands, colonies, or places King Charles, or his subjects, held or possessed in America on the conclusion of that treaty. Now it is evident that this article was inserted in the treaty to determine a previous conflict of claims to sovereignty, by the fact of existing possession, and that where the claims of the parties had not come in conflict, it had no validity. Leaving out of view all the American continent to the north or south of Central America and the Indies, it is well known that the title to Jamaica was in dispute, and that this article was expressly inserted to settle it by confirming England's occupation. Had it any reference beyond that to Mosquito? After the preceding review I think I am warranted in saying it had not, because, in the first place, I am unable to find that the sovereignty had ever been in dispute; and because, in the second place, the only possession approaching a hostility to Spanish right was that of the buccaneers, composed of all nations, which was not continuous, which was piratical, and therefore clearly illegal, which was disavowed by England, and therefore cannot inure to her, and which was made in admission of Spain's title, since it was a war upon Spain. And further, Great Britain does not now claim ever to have held or possessed Mosquito. To adopt a little of Lord Palmerston's severity of criticism on the language of treaties, I say that the terms "hold" and "possess" have definite meanings in international law, that they imply title, either temporary, as in the case of a violent occupation in time of war, or permanent, to which occupation is not a necessary incident. The claim under which Great Britain shelters the illegal occupation of Mosquito by the English is not set up in itself, but in a monarch of its creation, who is alleged to reign under its protection. The political relation of protector and protected is not a new one. It grows out of contract. It implies sovereignty in each party, for when the sovereignty of the lesser merges in that of the greater, the peculiar relation ceases. Any occupation, therefore, by the English, at any time must have been (by their own showing) as under Mosquito. Any possession must have been the possession of Mosquito. And when that possession is demonstrated to be, not adverse to, but under Spain, their title, being that of a privy in estate, must take the same course. Any light in which we view the claim presents a tissue of inconsistencies. To defeat the Spanish title it is alleged that the Indians are an independent nation, whom Spain could never conquer; while, on the other hand, to let in Great Britain to the benefit of such a defeat, it is said that her protection is necessary to enable them to protect themselves against the Spaniard. Either they are an independent nation of themselves, capable of existing without this protection, and therefore not entitled to it, or the aid has been rendered in bad faith to maintain a tribe of savages in revolt against their sovereign. The contemporaneous construction of the treaty of Madrid shows that the right of Spain to the whole of Central America was not questioned. Sir William Godolphin, the ambassador to Spain, who negotiated and signed the treaty on the part of Great Britain on the 18 May, 1672, wrote to Lord Arlington from Madrid as follows: * * Your Lordship hath required my opinion touching the cutting of logwood in the West Indies by some English on pretence that the Parts where they take the same In answer, are not Inhabited or Possessed by the Spaniards. the said wood is brought from Yucatan a large Province of New Spain, extending into the North Sea like to a Peninsula ab't a hundred leagues in length, sufficiently Peopled in respect of other places of those Indies having several good Towns as Merida Valladolid, San Francisco de Campeche &c., the Govern't thereof being likewise esteemed one of the most considerable there next to the two Vice Royaltyes of Peru and Mexico. Now this wood growing on the northern coast of Yucatan is commonly called here Campeche wood. * * * This premised we may reasonably conclude the Crowne of Spayne to have as well too much right as advantage in these woods, not to assert the Propriety of them, for though perhaps they are not all inhabited (which is not to be admired) or distinguished into particular Tenements, but remaine in common, yet they are in generall possessed by these People who may as justly pretend to make use of our Rivers Mountains, and other commons, for not being inhabited or owned by individual Proprietors, as we can to enjoy any benefit of those woods. * * * * * * * * * * * * And this is the sense of all the Spaniards, who esteeme themselves in full possession of every part of that Province, notwithstanding that it containeth much Territory unpeopled, since (as I have said) to inhabit and possess are distinct, neither is the former essentiall to the latter. * * * Lastly what will render the pretension to a freedome of cutting this wood more odious to the Spaniards is, that in consequence thereof, and for the same reason wee may inferre a liberty to inhabit there, opening a doore to any farther attempt wee may designe against theere continent. * Thus much to the merritts of the cause, & the point of strict justice. * * * But now, after all this, I will adventure to give my opinion, that if the English in the cutting wood at Campeche would restrain themselves to that alone, observing to doe it in parts neerest to the sea, more remote from their Towns and without making inroads or other depredations on the Country, it may be adviseable for his Maj'y, though not to authorize yet to connive sure for when they [the Spaniards] see the American Treaty in other points punctually complyed with and no other spoyle committed than the bare cutting of that wood they may be induced to connive likewise. * * * * When it is remembered that up to this time all geographies conceded, or rather never doubted, the right of Spain to the whole of this part of the continent, that that right had been intruded on only by the buccaneers, and that these intrusions had been confined to Yucatan and its neighborhood, and had not yet extended as far south as Mosquito, which was a part of New Spain, of which "the Spaniards then esteemed themselves in full possession of every part," the completeness of the testimony will be understood and its almost prophetic nature appreciated. And I am prepared to show, in addition, that the connivance of the governors of Jamaica in such cutting and encroachment was encouraged and approved in London. I shall now assume it to be clearly proved that in 1670, while the English had no right, either directly or indirectly, in Mosquito, Spain held undoubted sovereignty over it, and shall travel forward to the year 1739, when hostilities commenced between Great Britain and Spain, during which a permanent occupation of this country by the former power was for the first time attempted. Most of the acts of occupation or protection (for they sometimes take the one form and sometimes the other) on the part of England took place between this date and the peace of Par in 1763, and were either done during a time of hostilities or were themselves causes of a subsequent war. It is plain, therefore, that, being aggressive, they cannot now be used by Great Britain to set up the alleged title in the Indians. On the 19th of October, 1739, war was declared against Spain, ostensibly because she had neglected to pay the paltry balance of £95,000 according to treaty; but the real object of the British colonists appears to have been to gain a stronger footing in the West Indies before concluding a peace. On the 17th of August, 1740, Sir William Pultney, of the Admiralty, wrote to Admiral Vernon, then in the West Indies, a long letter, detailing the plans of the Government. He says: * * * To ravage the coast of Spain (supposing we could do it) seems to be with a desire only of forcing the Spaniards into a peace before we have secured such advantage as we may reasonably hope for in another place. Every man of sense agrees that the only place to push them in is the West Indies, and there we can be too hard for them, and may defy the whole world besides. We [England] one and all cry out there is no dependence on the faith of treaties. Something must be done to keep the Spainards from insulting us again, and we must no longer rely on bare promises only for the security of our navigation and commerce. Take and hold, is the cry. This plainly points to Cuba. It [the taking of Carthagena] might be a very sensible mischief to Spain, but what we now immediately want is advantage to ourselves. When we are once possessed of it [Cuba] the whole world will not be able to dispossess us again. We may then make peace with Spain without the intervention of France, giving them almost anything in Europe they may desire, but showing them at the same time they shall in great measure depend upon us, the chief maritime power, and convincing them of the truth of their own old proverb: Peace with England and war with the whole world. * * * * * * During the years 1739 and 1740 many projects were framed for the purpose of gaining the desired footing in the West Indies, for the accounts of the wonderful details of which we are indebted to the principal actors in them, many of whose most confidential letters, owing to private quarrels, have been published. In addition to these, I have been permitted to examine the original Vernon and Wager manuscripts, a collection embodying in the original official as well as private letters of the Duke of Newcastle, of Sir Charles Wager, of Admiral Vernon, of Sir William Pulteney, of Governor Trelawney, of Mr. Robert Hodgson, and of many others, a mass of authentic information never published, and not existing anywhere else, unless in her Majesty's state-paper office. I am happy to say that this collection will probably go to America, as it is now owned by an American gentleman. As soon as hostilities were determined upon, the Duke of Newcastle (on the 15th of June, 1739) directed Governor Trelawney to be on his guard against any attempt of the Spaniards against Jamaica, and gave him full power and liberty to annoy the enemy. He directed him also to encourage the taking out of letters of marque and reprisal against the Spaniards, and to authorize descents upon the Spanish settlements. On the receipt of these orders, Governor Trelawney at once revived the old scheme of the Mosquito Indians, and on the 20th January, 1739-40, wrote to the Duke of Newcastle, advising a settlement upon the Mosquito shore. About one hundred Englishmen, he said, were there, "mostly such as could live nowhere else." He proposed to bring all the English in that quarter together in one settlement, so that by the help of the Mosquito Indians, whom he calls his "friends," they might induce the neighboring Indians to revolt, and thus by supporting the Indians "a little, spread the revolt from one part to another till it should be general over the Indies, and drive the Spaniards entirely out or cut them off." Accordingly, early in 1740 he commenced his Quixotic scheme by sending one Robert Hodgson to the Mosquito shore, fully equipped with everything necessary to enable him to tamper with the Indians and excite them against the Spaniards. I am fortunately able to give from the Vernon manuscripts Mr. Hodgson's own account of what he did under this extraordinary commission: SANDY BAY, April 8, 1740. May it please your excellency: King Edward, being informed of my arrival, sent me word that he would see me the next day, which he did, attended by several of his captains. I read to him your excellency's letter and my own commission, and when I had explained them by an interpreter, told my errand, and recommended to them to seek all opportunities of cultivating friendship and union with the neighboring Indian nations, and especially such as were under subjection to the Spaniards, and of helping them to recover their freedom. They approved everything I said, and appointed the 16th to meet the governor, John Briton, and his captains at the same place, to hear what I had further to say. On the 16th they all came, except Admiral Dilly and Colonel Morgan, who were sick. General Hobby and his captains were at too great a distance to be sent for, but, their presence not being material, I proceeded to acquaint them that, as they had long acknowledged themselves subjects of Great Britain, the governor of Jamaica had sent me to take possession of their country in his majesty's name; then asked if they had anything to object. They answered they had nothing to say against it, but were very glad I was come for that purpose; so I immediately set up the standard, and, reducing the sum of what I had said into articles, I asked them both jointly and separately if they approved and would abide by them. They unanimously declared they would; so I had them read over again in solemn manner under the colors, at the end of every article fired a gun, and concluded with cutting up a turf, and promising to defend their country and to procure them all the assistance and instruction from England in my power. The formality all this was done with seemed to have a good influence upon them, for they often repeated their desire of learning to read, and said they must now mind their kings more than they had done, and do all they could to help themselves and hurt the Spaniards, to whom I recommended all the mercy that was consistent with their own safety; but they seemed not to understand me rightly, saying if they fight they must kill. The articles I inclose, and hope your excellency will excuse so much ceremony, for, as I had no certain information whether the country was ever taken possession of before or ever claimed otherwise than by sending them down commissions, I thought the more voluntary and clear the cession of it was the better. The governor came attended with a numerous guard, who behaved to him with much respect and silence. He is a sensible old man, and carries a good command. The king being very young, I believe not twenty, is not much observed, but was he to be a while in Jamaica or England 'tis thought he would make a hopeful monarch enough. * * The same day Admiral Dilly and Colonel Morgan sent me word they were coming to wait on me. I immediately crossed the lagune to meet them, hearing they were sensible, clever fellows, and such I found them. They had dispatched a messenger to the governor to meet them the next day, to hold a general and decisive council. They all met on Sunday, the 23d, at Senock Dawkra (Mr. Whitehead's house). The * * * governor, being sick, tried our patience by making us wait till the afternoon, but when he came made ample amends by the justness of his sentiments. He told the king and his captains it was plain they had got a name and the good opinion of the governor of Jamaica (whose success against the rebellious negroes they had all heard of), and if they did not keep it up what would the world say of them? There was an officer now sent down by your excellency to observe their manner of fighting, and if they did not do their best they should lose the favor of the English. It was true they were but a small number of people, compared to us, who had men to spare for sickness and the sword, but if they showed themselves worthy, no doubt the King of Britain would sent a force sufficient to get them all they wanted, besides teachers to instruct them in what is right and good. He said General Hobby had often talked about taking towns in time of peace, and called the English cowards. Now it was war they must show they were not such themselves; that the English were the best judges when war or peace was proper; and none of them had any business to act otherwise than they were directed by the governor of Jamaica. I find my council about sobriety has had some weight with the old men, but the young ones are got together there since with the women into drinking-bouts. They intoxicate themselves with a liquor made of honey, pine-apples, and cassada, and if they avoid quarrels, which often happen, they are sure to have fine promiscuous doings among the girls. The old women, I am told, have the liberty of chewing the cassada before 'tis put in, that they may have a chance in the general rape as well as the young * * ones. I fell into one of them by mere accident last Monday, where I found Admiral Dilly and Colonel Morgan, retailing my advice among them, to little effect, for most of them were too drunk to mind it, and so hideously painted that I quickly left them to avoid being daubed all over, which is the compliment they usually pay their visitors on those occasions. * * Those two captains complain much of their drinking, but say it has been taught them by the English; others say not, for how should the English invent the pine and cassada drink? Their resentment of adultery has lost its edge, too, more than among other Indians; that, I make no doubt, they are obliged to us for. Their breach of promises in their bargains I take to be a good deal owing to a sense of being defrauded by traders, but through their ignorance of numbers and value, not being able to tell how, they are apt to make improper reprisals. As for their laziness, the grand promoter of the rest, I really think it must have been owing to their discontent at the usage they have received from privateers and others, because I don't find it has been epidemical amongst them till lately. * * * I have disposed of several presents, but their returns being chiefly in visits to get more or to drink punch, I have stopped my hand. The Lubeck duck osnaburgs, powder, ball, flints, and shot I shall divide among them at setting out, with a promise that they shall pay me according to their behavior or their plunder. * * ROBT. HODGSON. APRIL 12, 1740. P. S.-Had I been better informed, I might have made a little fortune out of your excellency's money and done more justice to the cause, for the Mosquito men have not got half guns enough, so must be supplied by Stewart and the other white men that go with us, who, no doubt, will make them pay sound. + * The origin, character, history, and results of the British intrigues in this quarter are all disclosed in this letter. They originated in public and private cupidity, in the desire of territorial aggrandizement, and of personal gain to the governor of Jamaica. They were pursued in the same spirit by the distribution of intoxicating liquors and missiles of destruction among the savages, and by exciting them to an unnatural war against the Spaniards. They resulted in the complete degradation of the Indians themselves, a degradation which they have never been able to shake off. Yet this is the "protection" Great Britain sets up and seeks to perpetuate. Mr. Hodgson skillfully aroused the old resentment of the Indians against the Spaniards, and induced them to join him in an expedition which proved a failure. He, however, remained among them, and was instructed by Governor Trelawney "to endeavor to persuade the Indians to form themselves into some sort of a government." |