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EXPLANATORY DOCUMENTS AND PAPERS.
1.-Definite Treaty of Peace between Great Britain and Spain. Signed at Paris, the 10th of February, 1763.
XVII. His Britannic Majesty shall cause to be demolished all the fortifications which his Subjects shall have erected in the Bay of Honduras, and other places of the Territory of Spain in that part of the World, 4 months after the Ratification of the present Treaty; and His Catholic Majesty shall not permit His Britannic Majesty's Subjects, or their Workmen, to be disturbed or molested, under any pretence whatsoever, in the said places, in their occupation of cutting, loading and carrying away logwood; and for this purpose, they may build without hindrance, and occupy without interruption, the houses and magazines which are necessary for them, for their families and for their effects; and His Catholic Majesty assures to them, by this Article, the full enjoy. ment of those advantages and powers on the Spanish Coasts and Territories, as above stipulated, immediately after the Ratification of the present Treaty.
2.-Definitive Treaty of Peace between Great Britain and Spain. Signed at Versailles, 3d September, 1783.
VI. The intention of the 2 High Contracting Parties being to prevent as much as possible, all the causes of complaint and misunderstanding heretofore occasioned by the cutting of wood for dyeing, or log-wood; and several English settlements having been formed and extended, under that pretence, upon the Spanish continent; it is expressly agreed, that His Britannic Majesty's Subjects shall have the right of cutting, loading and carrying away logwood, in the District lying between the Rivers Wallis or Bellize, and Rio Hondo, taking the course of the said 2 Rivers for unalterable boundaries, so as that the navigation of them be common to both Nations, to wit: by the River Wallis or Bellize, from the sea, ascending as far as opposite to a Lake or Inlet which runs into the land and forms an Isthmus or Neck, with another similar inlet, which comes from the side of Rio-Nuevo, or New River; so that the line of separation shall pass straight across the said Isthmus, and meet another Lake formed by the water of Rio Nuevo, or New River, at its current. The said line shall continue with the course of Rio Nuevo, descending as far as opposite to a River, the source of which is marked in the Map, between Rio-Nuevo and Rio-Hondo, and which empties itself into Rio Hondo; which River shall also serve as a common boundary, so far as its junction with Rio-Hondo, and from thence descending
by Rio-Hondo to the sea, as the whole is marked on the map which the Plenipotentiaries of the 2 Crowns have thought proper to make use of, for ascertaining the points agreed upon, to the end that a good correspondence may reign between the 2 Nations, and that the English Workmen, Cutters, and Laborers may not trespass, from an uncertainty of the Boundaries. The respective Commissaries shall fix upon convenient places, in the Territory above marked out, in order that His Britannic Majesty's Subjects, employed in the felling of logwood, may, without interruption, build therein houses and magazines necessary for themselves, their Families, and their effects: and His Catholic Majesty assures to them the enjoyment of all that is expressed in the present article; provided that these Stipulations shall not be considered as derorogating in any wise from his Rights of Sovereignty. Therefore all the English, who may be dispersed in any other parts, whether on the Spanish Continent, or in any of the Islands whatsoever, dependent on the aforesaid Spanish Continent, and for whatever reason it might be, without exception, shall retire within the District which has been above described, in the space of 18 months, to be computed from the exchange of the Ratifications; and for this purpose Orders shall be issued on the part of His Britannic Majesty; and on that of His Catholic Majesty, his Governors shall be ordered to grant to the English, dispersed, every convenience possible for their removing to the Settlement agreed upon by the present Article, or for their retiring wherever they shall think proper. It is likewise stipulated, that if any Fortifications should actually have been heretofore erected within the limits marked out, His Britannic Majesty shall cause them all to be demolished, and he will order his Subjects not to build any new ones. The English Inhabitants, who shall settle there for the cutting of log-wood, shall be permitted to enjoy a free Fishery for their subsistence, on the Coasts of the District above agreed on, or of the Islands situated opposite thereto, without being in any wise disturbed on that account; provided they do not establish themselves in any manner on the said Islands.
3.-Convention between Great Britain and Spain, relative to America. Signed at London, the 14th of July, 1786.
The Kings of England and of Spain animated with the same desire of consolidating, by every means in their power, the friendship so happily subsisting between them and their Kingdoms, and wishing with one accord to prevent even the shadow of misunderstanding which might be occasioned by doubts, misconceptions, or other causes of dispute between the Subjects on the Frontiers of the 2 Monarchies, especially in distant Countries as are those in America, have thought proper to settle, with all possible good faith, by a new Convention, the points which might one day or other, be productive of such inconveniences, as the experience of former times has very often shown.
To this end, the King of Great Britain has named the Most Noble and Most Excellent Lord, Francis Baron Osborne, of Kiveton, Marquis of Carmarthen, His Britannic Majesty's Privy Councillor, and Principal Secretary of State for the Department for Foreign Affairs, &c., &c., &c., and the Catholic King has likewise authorized Don Bernardo del Campo, Knight of the Noble Order of Charles the Third, Secretary of the same Order, Secretary of the Supreme Council of State, and his Minister
Plenipotentiary to the King of Great Britain: who having communicated to each other their respective Full Powers, prepared in due form, have agreed upon the following Articles:
ART. I. His Britannic Majesty's Subjects, and the other Colonists who have hitherto enjoyed the protection of England, shall evacuate the Country of the Mosquitos, as well as the Continent in general, and the Islands adjacent, without exception, situated beyond the Line hereinafter described, as what ought to be the Frontier of the extent of Territory granted by His Catholic Majesty to the English, for the uses specified in the IIIrd Article of the present Convention, and in addition to the Country already granted to them in virtue of the Stipulations agreed upon by the Commissaries of the 2 Crowns, in 1783.
II. The Catholic King, to prove, on his side, to the King of Great Britain, the sincerity of his sentiments of friendship towards His said Majesty and the British Nation, will grant to the English more extensive limits than those specified in the last Treaty of Peace: and the said limits of the Lands added by the present Convention shall for the future be understood in the manner following:
The English Line, beginning from the Sea, shall take the centre of the River Sibun or Jabon, and continue up to the source of the said River; from thence it shall cross in a straight line the intermediate land, till it intersects the River Wallis; and by the centre of the same River, the said Line shall descend to the point where it will meet the Line already settled and marked out by the Commissaries of the 2 Crowns in 1783: which limits, following the continuation of the said Line, shall be observed as formerly stipulated by the Definitive Treaty.
III. Although no other advantages have hitherto been in question, except that of cutting wood for dyeing, yet His Catholic Majesty, as a greater proof of his disposition to oblige the King of Great Britain, will grant to the English the liberty of cutting all other wood, without even excepting mahogany, as well as gathering all the fruits or produce of the earth, purely natural and uncultivated, which may, besides being carried away in their natural state, become an object of utility or of commerce, whether for food or for manufactures; but it is expressly agreed, that this Stipulation is never to be used as a pretext for establishing in that country any plantation of sugar, coffee, cocoa, or other like articles: or any fabric or manufacture by means of mills or other machines whatsoever, (this restriction however does not regard the use of saw-mills, for cutting or otherwise preparing the wood,) since all the Lands in question being indisputably acknowledged to belong of right to the Crown of Spain, no Settlements of that kind, or the Population which would follow, could be allowed.
The English shall be permitted to transport and convey all such wood, and other produce of the place, in its natural and uncultivated state, down the Rivers to the Sea, but without ever going beyond the limits which are prescribed to them by the Stipulations above granted, and without thereby taking an opportunity of ascending the said Rivers, beyond their bounds, into the countries belonging to Spain.
IV. The English shall be permitted to occupy the small Island known by the names of Casina, St. George's Key, or Cayo Casina, in consideration of the circumstance of that part of the coasts opposite to the said Island being looked upon as subject to dangerous disorders; but this permission is only to be made use of for purposes of real utility: and as great abuses, no less contrary to the intentions of the British Government than to the essential interests of Spain, might arise from this permission, it is here stipulated, as an indispensable condition, that no
Fortification, or work of defence whatever, shall at any time be erected there, nor any body of Troops posted, nor any piece of Artillery kept there; and in order to verify with good faith the accomplishment of this condition sine quâ non (which might be infringed by Individuals, without the knowledge of the British Government) a Spanish Officer or Commissary, accompanied by an English Commissary or Officer, duly authorized, shall be admitted, twice a year, to examine into the real situation of things.
V. The English nation shall enjoy the liberty of re-fitting their Merchant Ships in the southern triangle included between the point of Cayo Casina and the cluster of small Islands which are situated opposite that part of the coast occupied by the Cutters, at the distance of 8 leagues from the River Wallis, 7 from Cayo Casina, and 3 from the River Sibun, a place which has always been found well-adapted to that purpose. For which end, the edifices and storehouses, absolutely necessary for that service, shall be allowed to be built; but in this concession is also included the express condition of not erecting Fortifications there at any time, or stationing Troops, or constructing any military works; and in like manner it shall not be permitted to station any Ships of War there, or to construct an arsenal or other building, the object of which might be the formation of a naval establishment.
VI. It is also stipulated, that the English may freely and peaceably catch Fish on the coast of the Country assigned to them by the last Treaty of Peace, as also of that which is added to them by the present Convention; but without going beyond their boundaries, and confining themselves within the distance specified in the preceding Article.
VII. All the restrictions specified in the last Treaty of 1783, for the entire preservation of the right of the Spanish Sovereignty over the country, in which is granted to the English only the privilege of making use of the wood of the different kinds, the fruits and other produce, in their natural state, are here confirmed; and the same restrictions shall also be observed with respect to the new grant. In consequence, the Inhabitants of those Countries shall employ themselves simply in the cutting and transporting of the said wood, and in the gathering and transporting of the fruits, without meditating any more expensive Settlements, or the formation of any system of Government, either military or civil, further than such regulations as Their Britannic and Catholic Majesties may hereafter judge proper to establish, for maintaining peace and good order amongst their respective Subjects.
VIII. As it is generally allowed that the woods and forests are preserved, and even multiply, by regular and methodical cuttings, the English shall observe this maxim as far as possible; but if, notwithstanding all their precautions, it should happen, in course of time, that they were in want of dyeing-wood or mahogany, with which the Spanish Possessions might be provided, the Spanish Government shall make no difficulty to furnish a supply to the English at a fair and reasonable price.
IX. Every possible precaution shall be observed to prevent smuggling; and the English shall take care to conform to the regulations which the Spanish Government shall think proper to establish amongst their own Subjects, in all communications which they may have with the latter; on condition, nevertheless, that the English shall be left in the peaceable enjoyment of the several advantages inserted in their favour in the last Treaty, or stipulated by the Present Convention.
X. The Spanish Governors shall be ordered to give to the said English, dispersed, all possible facilities for their removal to the Settlements
agreed upon by the present Convention, according to the Stipulations of the VIth Article of the Definitive Treaty of 1783, with respect to the Country allotted for their use by the said Article.
XI. Their Britannic and Catholic Majesties, in order to remove every kind of doubt with regard to the true construction of the present Convention, think it necessary to declare that the conditions of the said Convention ought to be observed according to their sincere intention to ensure and improve the harmony and good understanding which so happily subsist at present between Their said Majesties.
In this view, His Britannic Majesty engages to give the most positive orders for the evacuation of the Countries above-mentioned, by all his Subjects, of whatever denomination; but if, contrary to such Declaration, there should still remain any Persons so daring as to presume, by retiring into the interior Country, to endeavor to obstruct the entire evacuation already agreed upon, His Britannic Majesty, so far from affording them the least succour, or even protection, will disavow them in the most solemn manner, as he will equally do those who may here after attempt to settle upon the Territory belonging to the Spanish Dominion.
XII. The evacuation agreed upon shall be completely effected within the space of 6 months after the exchange of the Ratifications of this Convention, or sooner if it can be done.
XIII. It is agreed that the new grants described in the preceding Articles, in favor of the English Nation, are to take place as soon as the aforesaid evacuation shall be entirely accomplished.
XIV. His Catholic Majesty, prompted solely by motives of humanity, promises to the King of England, that he will not exercise any act of severity against the Mosquitos, inhabiting in part the Countries which are to be evacuated, by virtue of the present Convention, on account of the connections which may have subsisted between the said Indians and the English; and His Britannic Majesty, on his part, will strictly prohibit all his Subjects from furnishing arms or war-like stores to the Indians in general, situated upon the Frontiers of the Spanish Posses
XV. The 2 Courts shall mutually transmit to each other Duplicates of the Orders which they are to dispatch to their respective Governors and Commanders in America, for the accomplishment of the present convention; and a Frigate, or proper Ship of War, shall be appointed on each side, to observe in conjunction that all things are performed in the best order possible, and with that cordiality and good faith of which the 2 Sovereigns have been pleased to set the example.
XVI. The present Convention shall be ratified by Their Britannic and Catholic Majesties, and the Ratifications exchanged, within the space of 6 weeks, or sooner if it can be done.
In witness whereof, we, the undersigned Ministers Plenipotentiary to Their Britannic and Catholic Majesties, in virtue of our respective Full Powers, have signed the present Convention, and have affixed thereto the Seals of our Arms.
Done at London, this 14th day of July 1786.
LE CHEVR. DEL CAMPJ.
At the time of exchanging our Sovereigns' Ratifications of the Convention signed the 14th of July last, we the Undersigned Ministers