LORD CLARENDON AGAIN.

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influence in that quarter, nor would any British interest be promoted by doing so. But the British Government are not prepared to contract either the one or the other."

And in contrast here, let me insert his statement, dated May 3d, 1854. "It is proper that Her Majesty's Government should at once state that Her Majesty has never held any possessions whatever in the Mosquito country. But although Great Britain held no possessions in the Mosquito country, she undoubtedly exercised a great and extensive influence over it as the protecting ally of the Mosquito king." Here are exhibited variatious we little expected; but his lordship proved his expertness upon the diplomatic-chromatic scale in an eminent degree. His continuation will enlighten us probably. "Mr. Buchanan confounds the conditions of a sovereignty and a protectorate, and, under this error, treats the agreement 'not to colonize, or occupy, or fortify, nor assume, nor exercise dominion over,' as an agreement not to protect. With respect to sovereignty, Great Britain never claimed, and does not now claim or hold any sovereignty over the Mosquito.".

By custom of both European and American states, savage tribes, though suffered to exercise some municipal powers, have no actual sovereignty, for this is vested in the State or nation which directly exercises or derives to itself the title acquired by discovery. Did not Great Britain acquire and

maintain until the Treaty of Versailles, in 1783, sovereignty within the domain of the original United States? Did not France also acquire and maintain the same in Canada and the West India Islands until the fall of Quebec in 1764, when she transferred to Great Britain? Did 'not Spain acquire title to the Floridas and the vast territory in Louisiana as also in Mexico, Central and South America? How, otherwise, did Denmark acquire her hold in the West Indies? Portugal her possessions in Brazil, the Empire of which now rests on the same title?

By referring to the conversation had between Mr. Rives and Lord Palmerston, will be perceived the apposite confession of Great Britain to the present occasion. Lord Palmerston admitted the general doctrine for which we contended " was the principle on which they conducted (i. e. the English) all their relations with the Indian tribes in Canada; but that the case of the Mosquitoes was "sui generis," and stood upon its own peculiar circumstances." Admitting the universal law, if there are to be cases "sui generis," the totality ceases, and the universal fractured, becomes the customary, usual law.

Lord Clarendon contends that the English construction of the Treaty of 1850 was sanctioned by Mr. Webster, then Secretary of State. It is said that Mr. Webster advised Mr. Marcoleta, the Nicaraguan Minister, to accept a Treaty proposed to his State and Costa Rica by England, upon "the

LORD JOHN RUSSEL TO THE POINT.

271 basis of that construction;" but no doubt it was intended solely as a compromise. It failed, however, and the United States never endorsed the opinion of the Secretary, maintaining their own construction rigidly and inviolate.

Lord John Russel's letter, already in part inserted, speaks pointedly and frankly and the conclusion of it is so direct and positive, that we quit the discussion, assured of the validity of the position assumed thereon by the United States. His lordship writes: "The peculiarity of this case is, that certain neighboring States deny altogether the independence of Mosquito; and the Mosquito nation are liable any day to new incursions upon their territory. We can make no new provision against this danger. Our policy is to do all that honor and humanity require in behalf of the Mosquito nation; but we intend to adhere steadily to the Treaty of Washington of the 19th of April, 1850, and not to assume any sovereignty direct in Central America."

CHAPTER XXVI.

THE INTER-OCEANIC CANAL-CHARTER FOR THE TRANSIT ROUTE-SYNOPSIS OF ITS PROVISIONS-ITS IMPORTANCE TO THE UNITED STATES-POSTULATE OF

PRESIDENT MONROE-BRITISH INTERFERENCE-NICARAGUA PROTESTS-THE CLAYTON AND BULWER TREATY MOOTED-MR. RIVES TO LORD PALMERSTONREPLY OF THE LATTER-CARDINAL POINTS OF THE TREATY-TREATY OF COM MERCE AND FRIENDSHIP WITH NICARAGUA—THE CANAL COMPANY'S CHARTER AMENDED-LEONEZE PROTEST-SAVE ME FROM MY FRIENDS!-VIVE LA CHAMPAGNE !-THE CANAL IN NUBIBUS-THE TRANSIT TANGIBLE.

THE Transit, or in other words, the route per the Rio San Juan, from Greytown on the Atlantic side to Lake Nicaragua, thence across to Virgin Bay, and thence overland twelve miles, to San Juan del Sur on the Pacific, is a highway in which, save as a speculation, Nicaragua itself has but little interest, inasmuch as it develops no internal resources, no agricultural or mineral wealth, conciliates neither the Serviles or the opponents, but is solely a source whence the State receives a profit, an annual subsidy. That the route should be under a pro

THE GRANT FOR THE TRANSIT ROUTE.

273

tectorate, joint if desired, there cannot be a doubt, since Nicaragua convulsed by revolutions is unable at present to maintain either its tranquillity, or neutrality.

On the 27th of August, 1849, a Grant was obtained, and ratified with an American Company on the 23d of September, from which a Charter was consummated under the assurance that if of a proper character, the American Government was willing to extend to it its guarantees. A synopsis of the provisions therein contained, may prove at present, interesting. It is as follows:

1st. That the American Atlantic and Pacific Ship Canal Company may construct a Ship Canal, at its own expense, from the Port of San Juan, or any more feasible point on the Atlantic, to the Port of Realejo, or any other point within the territories of the Republic, on the Pacific, and make use of all lands, waters, or natural materials of the country for the enterprise.

2d. The dimensions of the Canal shall be sufficiently great to admit vessels of all sizes.

3d. The Grant is for the period of eighty-five years from the completion of the work; the preliminary surveys to be commenced within twelve months; the work to be completed within twelve years, unless unforeseen events, such as earthquakes or wars, shall intervene to prevent it; if not com pleted within that time, the charter to be forfeit, and whatever work may have been done, to revert to the State; at the end