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ject is accomplished. When, therefore, Lord Malmesbury invites new overtures from this government upon the idea that it has rejected the proposal embraced in Sir William Ouseley's mission for an adjustment of the Central American questions by separate treaties with Honduras, Nicaragua, and Guatemala, upon terms substantially according with the general tenor of the American interpretation of the treaty, I have to reply that this very adjustment is all that the President ever desired, and that instead of having rejected that proposal he had expressed his cordial acceptance of it so far as he understood it, and had anticipated from it the most gratifying consequences.

Nothing now remains for me but to inquire of your lordship whether the overtures contained in your lordship's note of November 30, are to be considered as withdrawn by Her Majesty's Government, or whether the good results expected in the beginning from Sir William Ouseley's mission may not yet be happily accomplished.

I have, &c.,

LEWIS CASS.

58.-Lord Malmesbury to Lord Napier.

[Extract.]

FOREIGN OFFICE, December 8, 1858.

MY LORD: I have to inform your lordship that Her Majesty's Government have received with lively satisfaction the note which General Cass addressed to your lordship on the 8th of November. The friendly tone in which it is written, and the high appreciation which it displays of the importance of terminating the irritating discussions in which both our countries have been so long involved, cannot but tend to render that termination near at hand and permanent.

I feel it to be a duty to do justice to the accuracy with which General Cass has recapitulated the circumstances under which the controversy has been sustained, and the efforts hitherto employed to settle it have failed.

I am, &c.,

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MALMESBURY.

59.-Convention between Great Britain and Guatemala. Signed at Guatemala April 30, 1859.

Whereas the boundary between Her Britannic Majesty's settlement and possessions in the Bay of Honduras and the territories of the Republic of Guatemala has not yet been ascertained and marked out; Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Republic of Guatemala, being desirous, with a view to improve and perpetuate the friendly relations which happily subsist between the two countries, to define the boundary aforesaid have resolved to conclude a convention for that purpose, and have named as their plenipotentiaries, that is to say:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Charles Lennox Wyke, esquire, Her Britannic Majesty's chargé d'affaires to the Republic of Guatemala, and his excellency the Presi dent of the Republic of Guatemala, Don Pedro de Aycinena, councillor of state and minister for foreign affairs;

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles:

ART. I. It is agreed between Her Britannic Majesty and the Republic of Guatemala, that the boundary between the republic and the British settlement and possessions in the Bay of Honduras, as they existed previous to and on the 1st day of January, 1850, and have continued to exist up to the present time, was and is as follows:

Beginning at the mouth of the River Sarstoon, in the Bay of Honduras, and proceeding up the mid-channel thereof to Gracias a Dios Falls; then turning to the right and continuing by a line drawn direct from Gracias a Dios Falls to Garbutt's Falls, on the River Belize, and from Garbutt's Falls due north until it strikes the Mexican frontier.

It is agreed and declared between the High Contracting Parties that all the territory to the north and east of the line of boundary above described belongs to Her Britannic Majesty; and that all the territory. to the south and west. of the same belongs to the Republic of Guatemala.

ART. II. Her Britannic Majesty and the Republic of Guatemala shall, within 12 months after the exchange of the ratifications of the present convention, appoint each a commissioner for the purpose of designating and marking out the boundary described in the preceding article. Such commissioners shall ascertain the latitude and longitude of Gracias á Dios Falls and of Garbutt's Falls, and shall cause the line of boundary between Garbutt's Falls and the Mexican territory to be opened and marked where necessary, as a protection against future trespass.

ART. III. The commissioners mentioned in the preceding article shall meet at such place or places as shall be hereafter fixed, at the earliest convenient period after they shall have been respectively named; and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment, and according to justice and equity, with out fear, favour, or affection to their own country, upon all the matters referred to them for their decision, and such declaration shall be entered on the record of their proceedings. The commissioners shall then, and before proceeding to any other business, name some third person to act as arbitrator or umpire in any case or cases in which they may themselves differ in opinion. If they should not be able to agree upon the choice of such a third person, they shall each name a person; and in each and every case in which the commissioners may differ in opinion as to the decision which they ought to give, it shall be determined by lot which of the two persons so named shall be the arbitrator or umpire in that particular case. The person or persons so to be chosen shall, before proceeding to act, make and subscribe a solemn declaration, in a form similar to that which shall already have been made and subscribed by the commissioners, which declaration shall also be entered on the record of the proceedings. In the event of the death, absence, or incapacity of either of such commissioners,. or of either of such arbitrators or umpires, or of his omitting, or declining, or ceasing to act, another person shall be named, in the same manner, to act in his place or stead, and shall make and subscribe such declaration as aforesaid. Her Britannic Majesty and the Republic of Guatemala shall engage to consider the decision of the two commissioners conjointly, or of the arbitrator or umpire, as the case may be, as final and conclusive on the matters to be respectively referred to their decision, and forthwith to give full effect to the same.

ART. IV. The commissioners herein before mentioned shall make to each of the respective governments a joint report or declaration, under their hands and seals, accompanied with a map or maps in quadruplicate (two for each government), certified by them to be true maps of the boundary defined in the present treaty, and traversed and examined by them.

ART. V. The commissioners and the arbitrator or umpire shall keep accurate records and correct minutes or notes of all their proceedings, with the dates thereof, and shall appoint and employ such surveyors, clerk or clerks, or other persons as they shall find necessary to assist them in the transaction of the business which may come before them. The salaries of the commissioners shall be paid by their respective governments. The contingent expenses of the commission, including the salary of the arbitrator or umpire, and of the surveyors and clerks, shall be defrayed in equal moieties by the two governments.

ART. VI. It is further agreed that the channels in the water-line of boundary described in Article I of the present convention shall be equally free and open to the vessels and boats of both parties, and that any islands which may be found therein shall belong to that party on whose side of the main navigable channel they are situated.

ART. VII. With the object of practically carrying out the views set forth in the preamble of the present convention for improving and perpetuating the friendly relations which at present so happily exist between the two High Contracting Parties, they mutually agree conjointly to use their best efforts, by taking adequate means for establishing the easiest communication (either by means of a cart-road or employing the rivers, or both united, according to the opinion of the surveying engineers) between the fittest place on the Atlantic coast, near the settlement of Belize and the capital of Guatemala, whereby the commerce of England on the one hand, and the material prosperity of the Republic on the other, cannot fail to be sensibly increased, at the same time that the limits of the two countries being now clearly defined, all further encroachments by either party on the territory of the other will be effectually checked and prevented for the future.

ART. VIII. The present convention shall be ratified, and the ratifications shall be exchanged at London or Guatemala as soon as possible within the space of 6 months.

In witness whereof, the respective plenipotentiaries have signed the same, and have affixed thereto the seals of their arms.

Done at Guatemala, the 30th day of April, in the year 1859.

[L. S.]

[L. S.]

CHARLES LENNOX WYKE.
P DE AYCINENA.

60.-Treaty between Great Britain and Honduras respecting the Bay Islands, the Mosquito Indians, and the rights and claims of British subjects, signed at Comayagua, November 28, 1859.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and the Republic of Honduras, being desirous to settle in a friendly manner certain questions in which they are mutually interested, have resolved to conclude a Treaty for that purpose, and have named as their Plenipotentiaries, that is to say:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Charles Lennox Wyke, esquire, Companion of the Most Honor

able Order of the Bath, Her Britannic Majesty's Envoy Extraordinary and Minister Plenipotentiary, on a special mission to the Republics of Central America; and His Excellency the President of the Republic of Honduras, Don Francisco Cruz, Political Chief of the Department of Comayagua.

Who, after having communicated to each other their respective full powers, found in good and due form, have agreed upon and concluded the following articles:

ART. I. Taking into consideration the peculiar geographical position of Honduras, and in order to secure the neutrality of the islands adjacent thereto, with reference to any railway or other line of interoceanic communication which may be constructed across the territory of Honduras on the mainland, Her Britannic Majesty agrees to recognize the Islands of Ruatan, Guanaca, Elena, Utile, Barbarete, and Morat, known as the Bay Islands, and situated in the Bay of Honduras, as a part of the Republic of Honduras.

The inhabitants of the said islands shall not be disturbed in the enjoyment of any property which they may have acquired therein, and shall retain perfect freedom of religious belief and worship, public and private, but remaining in all other respects subject to the laws of the Republic. If any of them should wish to withdraw from the islands, they shall be at full liberty to do so; to dispose of their fixed or other property as they may think fit, and to take with them the proceeds thereof.

The Republic of Honduras engages not to cede the said islands, or any of them, or the right of sovereignty over such islands, or any of them, or any part of such sovereignty, to any nation or state whatsoever. ART. II. Her Britannic Majesty engages, subject to the conditions and engagements specified in the present Treaty, and without prejudice to any question of boundary between the Republics of Honduras and Nicaragua, to recognize as belonging to and under the sovereignty of the Republic of Honduras the country hitherto occupied or possessed by the Mosquito Indians within the frontier of that Republic, whatever that frontier may be. The British protectorate of that part of the Mosquito territory shall cease 3 months after the exchange of the ratifications of the present treaty, in order to enable Her Majesty's Government to give the necessary instructions for carrying out the stipulations of said treaty.

ART. III. The Mosquito Indians in the district recognized by Article II of this treaty as belonging to and under the sovereignty of the Republic of Honduras shall be at liberty to remove, with their property, from the territory of the Republic, and to proceed whithersoever they may desire, and such of the Mosquito Indians who remain within the said district shall not be disturbed in the possession of any lands or other property which they may hold or occupy, and shall enjoy, as natives of the Republic of Honduras, all rights and privileges enjoyed generally by the natives of the Republic.

The Republic of Honduras being desirous of educating the Mosquito Indians, and improving their social condition in the district so occupied by them, will grant an annual sum of 5,000 dollars, in gold or silver, for the next 10 years for that purpose, to be paid to their headman in the said district, the payment of such annual sum being guaranteed them by a mortgage on all woods and other natural productions (whatever they may be) of the state lands in the Bay Islands and the Mosquito territory. These payments shall be made in half-yearly instalments of 2,500 dollars each, the first of which payments shall be made 6 months after the exchange of the ratifications of the present treaty.

ART. IV. Whereas British subjects have, by grant, lease, or otherwise, heretofore obtained from the Mosquito Indians interests in various lands situated within the district mentioned in the preceding article, the Republic of Honduras engages to respect and maintain such interests; and it is further agreed that Her Britannic Majesty and the Republic shall, within 12 months after the exchange of the ratifications of the present Treaty, appoint two commissioners, one to be named by each party, in order to investigate the claims of British subjects arising out of such grants or leases, or otherwise, and all British subjects whose claims shall, by the commissioners, be pronounced well founded and valid, shall be quieted in the possession of their respective interests in the said lands.

ART. V. It is further agreed between the contracting parties that the commissioners mentioned in the preceding article shall also examine and decide upon any British claims upon the Government of Honduras that may be submitted to them, other than those specified in that article, and not already in a train of settlement; and the Republic of Honduras agrees to carry into effect any agreements for the satisfaction of British claims already made, but not yet carried into effect.

ART. VI. The commissioners mentioned in the preceding articles shall meet in the city of Guatemala, at the earliest convenient period after they shall have been respectively named, and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide, to the best of their judgment, and according to justice and equity, without fear, favor, or affection to their own country, all the matters referred to them for their decision, and such declaration shall be entered on the record of their proceedings.

The commissioners shall then, and before proceeding to any other business, name some third person to act as an arbitrator or umpire in any case or cases in which they may themselves differ in opinion. If they should not be able to agree upon the selection of such a person, the commissioner on either side shall name a person; and in each and every case in which the commissioners may differ in opinion as to the decision which they ought to give, it shall be determined by lot which of the two persons so named shall be arbitrator or umpire in that par ticular case. The person or persons so to be chosen shall, before proceeding to act, make and subscribe a solemn declaration, in a form similar to that which shall already have been made and subscribed by the commissioners, which declaration shall also be entered on the record of the proceedings.

In the event of the death, absence, or incapacity of such person or persons, or of his or their omitting, or declining, or ceasing to act as such arbitrator or umpire, another person or persons shall be named as aforesaid to act as arbitrator or umpire in his or their place or stead, and shall make and subscribe such declaration as aforesaid.

Her Britannic Majesty and the Republic of Honduras hereby engage to consider the decision of the commissioners conjointly, or of the arbitrator or umpire, as the case may be, as final and conclusive on the matters to be referred to their decision; and they further engage forthwith to give full effect to the same.

ART. VII. The commissioners and the arbitrator or umpire shall keep an accurate record and correct minutes or notes of all their proceedings, with the dates thereof, and shall appoint and employ a clerk or other persons to assist them in the transaction of the business which may come before them.

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