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In witness whereof the respective Parties have signed the present Agreement.
Done in duplicate at the General Post Office, London, this 3rd day of November, in the year of our Lord, 1842.
(L.S.) H. F. TIARKS.
DECLARATION of the Diet of the Germanic Confederation,
respecting the Slave Trade.-Frankfort, February 3, 1843. (Translation.)
Extract from the Protocol of the 3rd Sitting of the German Diet. COMMUNICATION of the Treaty entered into between Austria, France, Great Britain, Prussia, and Russia, in London, on the 20th December, 1841,* and of one of the Protocols relating thereto, of the 9th of November, 1842,† on the subject of the Slave Trade.
AUSTRIA and Prussia.-The Envoy has the honour (in consequence of instructions to that effect) to present to the High Diet a copy of a Treaty entered into in London on the 20th December, 1841, between Austria, France, Great Britain, Prussia, and Russia, but nevertheless (as the Protocol of the 9th November, 1842, likewise communicated, shows) only ratified by Austria, Great Britain, Prussia, and Russia, relative to the suppression of the Slave Trade; with the papers connected therewith.
The Courts of Vienna and Berlin feel persuaded that their high Confederates will find in the present communication a joyful occasion for according their approbation to the principles of Christian philanthropy on which the London Treaty is based, and particularly in the resolution arising therefrom, expressed in Article I thereof, whereby the Slave Trade is put on the same level with, and stigmatized as, piracy, and that, in furtherance of the noble object of this Treaty, they are ready to declare themselves of the same opinion and spirit, whenever opportunities offer.
Bavaria. The Envoy is persuaded that his Government will thankfully participate in the communication of this Treaty, and gives its concurrence to the principles of philanthropy and Christian feeling contained in it, and in particular to the resolution, that the Slave Trade is put on the same level with piracy; and he expresses the most sanguine hope that the measures which the Contracting Powers have agreed upon may soon accomplish the object of rooting cut this shameful trade.
Vol. XXX. Page 269,
† Vol. XXX. Page 299.
In accordance with this declaration on the part of the Royal Bavarian Court, it was, on putting the question, unanimously agreed
"The German Diet has, with many thanks, concurred in the communication made to them, on the part of the 2 High Governments of Austria and Prussia, relative to the Treaty entered into in London on the 20th December, 1841. It gives its entire approbation to the sentiments and principles of Christian philanthropy out of which this Treaty, and especially the Resolutions contained therein, have arisen, whereby the Slave Trade is put on the same level, as to crime, with piracy; and it expresses its sincere hope, that the measures which the Contracting Powers have agreed upon, may speedily accomplish the object of entirely rooting out this shameful traffic."
RESOLUTION of the Diet of the Germanic Confederation, for the Punishment of Slave Trade as Piracy.--Frankfort, June 19, 1845.
RESOLVED,-In full and just acknowledgment of the sentiments and principles of Christian humanity, which have induced the Courts of Great Britain, Austria, Prussia, and Russia, to conclude the Treaty of the 20th December, 1841, for the suppression of the Slave Trade, the German Governments conjointly animated by the desire on their side, so far as in their power lies, of assisting to root out effectually this iniquitous traffic, agree that the Slave Trade shall be generally prohibited by them.
Accordingly, where provision to this end is not made in the existing criminal laws, the traffic in slaves is punished as piracy: in those States, however, whose code of laws make no particular mention of piracy, the punishment for kidnapping [Menschenraubes], or a similar heavy punishment, will be inflicted.
CORRESPONDENCE with The United States, respecting
No. 1.-Mr. Crampton to Viscount Palmerston.-(Rec. October 3.)
* Laid before Parliament, with subsequent Papers, in 1856.
frankly and confidentially upon the subject of the proposed passage across the isthmus, by way of Nicaragua and the River San Juan, with regard to which he had long felt a great deal of anxiety-an anxiety lately very much increased by intelligence he has received from Mr. Elijah Hise, who has arrived at Washington from Guatemala, where he has been for some years Chargé d'Affaires of The United States.
Mr. Hise has, it appears, upon his own responsibility, and without instructions either from the late or from the present administration, signed, on the part of The United States, a Treaty with the State of Nicaragua, by which the latter grants to The United States an exclusive right of way across her territories, including therein the River San Juan, for the purpose of joining the 2 oceans by a canal across the isthmus. The Treaty contains a number of provisions, such as stipulations for the construction of forts and military works upon the banks of the San Juan for the protection of the proposed passage. These Mr. Clayton enumerated to me; but he read to me, at length, the Article which he regards as the most objectionable in the Treaty, by which it is stipulated that The United States guarantees to Nicaragua for ever the whole of her territory, and promises to become a party to every defensive war in which that State may hereafter be engaged for the protection of that territory.
To the whole of this Treaty, as well as to the "absurd stipula tion" which he had just read, Mr. Clayton said that it was scarcely necessary to remark that he was entirely opposed. His views and wishes with respect to the construction of a canal across the isthmus by way of Nicaragua were, he observed, known to me, and had been, as I was aware, communicated by his direction to Her Majesty's Government; these would, he trusted, have convinced your Lordship that the Government of The United States have no views of exclusive advantage to themselves in this matter. He felt most anxious that the signature of the present Treaty by Mr. Hise should not produce a contrary impression in any quarter; and with this view he proceeded to read to me a portion of the instructions which have been given to Mr. Squier, who has been lately sent as United States' Chargé d'Affaires to Nicaragua. By these Mr. Squier is directed not only not to negotiate any Treaty with that Government on the subject of a passage across the isthmus, but not to give his support or countenance to any contract entered into by private citizens of The United States with Nicaragua on that subject, of an exclusive nature, or such as might bring The United States into collision with any other Power.
The signature of the present Treaty has, Mr. Clayton remarked, placed the Government of The United States in a most embarrassing
situation. You know, he said, that the Government have no majority in the Senate; you know that the Treaty will be called for by Congress; the substance of it, indeed, has already found its way into the newspapers; you are aware of the opinion which, whether right or wrong, is generally entertained in this country of the claim of the Mosquito Chief to any part of the territory claimed by Nicaragua; and you can form an idea of eagerness with which the party opposed to the Government will avail themselves of the opportunity of either forcing us into collision with Great Britain on this subject, or of making it appear that we have abandoned, through pusillanimity, great and splendid advantages fairly secured to the country by Treaty. It will require great caution on both sides, said Mr. Clayton, to prevent the 2 Governments being brought into collision on account of this intrinsically worthless country.
Mr. Clayton concluded by saying that he would immediately send for Mr. Abbot Laurence, who is now at Boston preparing for his departure for England on the 26th instant, and that he would put him into full possession of the views of The United States' Government with regard to this subject. He begged me in the meantime to communicate the substance of what he had said to me to your Lordship. I have, &c.
Viscount Palmerston, G.C.B.
JOHN F. CRAMPTON.
No. 2.-Mr. Crampton to Viscount Palmerston.-(Rec. October 13.) (Extract.) Washington, October 1, 1849.
I HAD the honour of informing your Lordship in my despatch. of the 17th ultimo, that it was Mr. Clayton's intention to send for Mr. Laurence, in order to put him, before his departure for England, fully into possession of the views of The United States' Government with regard to the project for making a canal across the isthmus by way of the Lakes of Nicaragua and the River St. John; the more especially that this question has been rendered one of great embarrassment to The United States' Government by the signature of a Treaty on the subject by Mr. Hise, the American Chargé d'Affaires at Guatemala, with the Nicaraguan Government, and by the conflicting claim of Mosquito, supported by the British Government.
Mr. Laurence was not, however, able to come to Washington before leaving this country, and Mr. Clayton is therefore about to address to him a detailed instruction upon this matter, for communication to Her Majesty's Government.
Mr. Clayton, nevertheless, yesterday took an opportunity of entering upon the subject with me, with greater earnestness and at greater length than on any previous occasion; and I am the more anxious to report accurately to your Lordship the substance of his
remarks, from the circumstance that the President, who happened to come into Mr. Clayton's room upon other business, on being informed of the subject on which we were engaged, waived all ceremony and joined in our conversation with great frankness, and every appearance of a wish to make proof of the most friendly feelings towards Her Majesty's Government, by evincing a disposition to deal with entire openness with regard to the affair in question.
The junction of the 2 oceans by a canal, Mr. Clayton observed, was an object so important to the whole of the commercial world, that it was matter for surprise that an attempt had not long since been made to effect it. The increase of population on the western coast of this continent had, however, now rendered it certain that such an attempt would ere long be made. The Government of The United States are strongly in favour of such an undertaking; but they are as earnestly opposed to its execution being made a subject for jealousy, by an attempt on the part of any one nation to monopolize to itself either the credit due to such an enterprise, or the advantages to be derived from it when effected. It should, in their view, be rather made a bond of peace and good understanding, by being brought about by a combined effort, and for the general benefit of mankind.
That great applause in certain quarters, and a certain sort of popularity, might be gained by the Government of either of the countries by an attempt to effect this work upon a principle of exclusive advantage, Mr. Clayton observed, there could be no doubt. But The United States' Executive disclaimed any such wish, but desired, on the other hand, not to be driven to adopt any measure for obtaining such exclusive advantage. Such popularity or applause would, in their opinion, be dearly bought by the jealousies and misunderstandings between nations which would be the inevitable result; and this it was the study of The United States' Government
The 2 countries, Mr. Clayton continued, most deeply interested in this work are, there can be no doubt, Great Britain and The United States. Their interest in it, indeed, seemed to him to be identical. Their entire agreement with regard to it was therefore an object of paramount importance.
It was with this feeling, he said, that The United States' Government would entirely disapprove of the Treaty signed by Mr. Hise with the State of Nicaragua, unless they were driven to adopt it to counteract the exclusive claim of some other country. That Treaty both secured exclusive advantage to The United States with regard to the proposed Canal which they did not wish, under any circumstances, to possess, and threatened, besides, to bring them into